2594 Amendments of Eugen JURZYCA
Amendment 3 #
2023/2063(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 6 #
2023/2063(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 10 #
2023/2063(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 15 #
2023/2063(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the European Semester plays an essential role in coordinating economic and budgetary policies in the Member States;
Amendment 18 #
2023/2063(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the EU’s low productivity and global competitiveness require urgent structural reforms and return to fiscal discipline in order to create conditions for strong and sound economic growth;
Amendment 30 #
2023/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the debt-to-GDP ratio is expected to decrease to 83.1 % in the EU (90.4 % in the euro area); whereas the debt-to-GDP ratio is expected to marginally decline in the EU to around 82.7 % in 2024 and 82.5 % in 2025; whereas long-term debt-to-GDP projections are significantly above the maximum reference value of 60 % of debt-to-GDP ratio as defined by the TFEU;
Amendment 34 #
2023/2063(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas at the beginning of an inflationary period, public debt-to-GDP ratio tends to decrease, reflecting the initial impact of inflation on the real value of outstanding debt; whereas towards the later stages of an inflationary period interest rates eventually surpass the inflation rate, resulting in increasing interest costs for debt-refinancing, and thus increasing the overall public debt-to- GDP ratio;
Amendment 40 #
2023/2063(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas high levels of public debt represent a drag on the economy, greater risk of a fiscal crisis, lower national savings and income and lead to large tax hikes;
Amendment 47 #
2023/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas EU fundingtightening of the monetary policy has proven to be an essential tool to provide macroeconomic stabilisation at EU level and increase its internal and external resilience in times of crisis while EU funding has been supporting Member States in financing necessary investments in EU priorities to tackle current and future challenges;
Amendment 71 #
2023/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the efforts of the European Central Bank (ECB) to bring the inflation rate down in the euro area; considers rises in interest rates to only partialsignificantly address the reasons for the hikes in inflation and that adequate and coordinated fiscal, structural and regulatory policies and reforms complementing the ECB’s monetary policy actions are needed;
Amendment 81 #
2023/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that a lack of public and private investments in certain Member States is hindering the potential of sustainable growth; recognises that public investments are limited as they represent scarce resources mostly funded by the taxpayers; warns that boosting public investment should not be seen as an alternative to productivity-enhancing reforms; emphasises that attracting private investment requires a regulatory environment that allows for a return on investment; considers that predictable rules, a level playing field and reduced compliance costs are crucial factors for attracting investment; highlights that these investments are crucial for the EU’s ability to cope with existing challenges and increase the EU’s resilience and competitiveness during upcoming challenges;
Amendment 88 #
2023/2063(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the need to further deepen the Single Market by reducing red tape that hampers the free movement of services, strengthen the financial sector through the completion of the Capital Markets Union, and expedite the negotiations of free-trade agreements between EU and other democratic countries;
Amendment 109 #
2023/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the European Semester is the established framework for coordinating the budgetary, and economic, social and employment policies across the Union in accordance with the Treaties, including the European Pillar of Social Rights, thereby safeguarding its macroeconomic stability and its social cohesion;
Amendment 114 #
2023/2063(INI)
Amendment 125 #
2023/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Shares the view that the 2024 CSRs need to be focused on a limited set of challenges; underlines that CSRs must equally serve to enhance competitiveness, promote the green and digital transitions and ensure social fairness and sound economic growth; stresses that CSRs need to take account of social vulnerabilities;
Amendment 136 #
2023/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned that the performance- based financing and verification system of the RRF delivers in practice too little in terms of results and creates too much bureaucracy; recalls for more flexibility to adjust milestones and targets to that according to the European Court of Auditors, introduction of common result indicators would facilitakte account of lessons learned during the implementation process; better monitoring, measurement, evaluation and audit of the implementation of the RRF at EU level, and guide Member States in using their resources more effectively;1a _________________ 1a https://www.eca.europa.eu/ECAPublicatio ns/SR-2023-26/SR-2023-26_EN.pdf
Amendment 152 #
2023/2063(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that principle of value for money should represent the cornerstone of all EU funded investments; points out that EU funding should be accompanied by measurable objectives and outputs including a quantifiable and comparable evaluation mechanism that will allow to compare and rank the efficiency of individual EU programmes; underlines the importance of accountability and transparency for bodies that receive EU funding;
Amendment 159 #
2023/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers it necessary to reform and properly and equally enforce the EU fiscal rules and welcomnotes the proposals put forward by the Commission; stresses that the goal of fiscal rules is to restrict fiscal misconduct in the monetary union;
Amendment 169 #
2023/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the reform must lead to a simplification of the framework, be more country-specific and strengthen its enforceability, and enable Member States to meet the public investment needs for the green and digital transitions of their economies without undermining the sustainability of government debt in order to decrease government debts of Member States to sustainable levels;
Amendment 182 #
2023/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes that lessons have been learned from the design choices of the RRF in linking national fiscal, reform and investment commitments with EU financial incentives such as grants and loans; greatly regrets that, unlike the RRF, the reform of the economic governance framework lacks the incentive mechanisms to support and promote necessary national policy reforms and investments; is concerned that some Member States will not have the financial capacity to finance the just green and digital transition on their ownconsiders that NextGenerationEU loans should be recorded as national debt;
Amendment 192 #
2023/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores that the interplay between macroeconomic imbalances and fiscal rules is not sufficiently addressed by the reform proposals; uUnderlines that the financial stability of the EU depends on the macroeconomic balance between Member States’ economies and that restoring such a balance may require structural reforms in order to improve efficiency of public sexpendingtures, increase competitiveness and attract growth-friendly investment;
Amendment 198 #
2023/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the need to avoid enduring excessive deficits and calls for common rules based on objective criteria as a way to achieve this goal; stresses that, in return, those rules should not preclude temporary deviations from the net expenditure path due to dedicated, justifiable and strategically significant investments realising EU objectives;
Amendment 203 #
2023/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 223 #
2023/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that the Commission negotiates with the Member States individual fiscal-structural plans; underlines that such an increase in discretionary power for the Commission must be accompanied by increased accountability towards the European Parliamente importance of decreasing public debts to sustainable level referenced in the Treaties and rebuilding fiscal buffers;
Amendment 238 #
2023/2063(INI)
17. Recognises that the Economic Dialogue as part of the European Semester lays a useful foundation of accountability, but considers that proper accountability can only be achieved if the European Parliament has accountability instruments that allow it to apply consequences based on its assessment of the performance of the European Semester such as veto rights or holding Commissioners personally responsible;
Amendment 28 #
2023/0323(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Late payments directly affect liquidity and predictability of cash flows, thus increasing working capital needs and compromising a company’s access to external financing. This affects competitiveness, reduces productivity, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth. The damaging effects of late payments spread along supply chains, as the payment delay is often passed onto suppliers. Small and medium sized enterprises (SMEs), who rely on regular and predictable streams of cash, are heavily are affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences, while regulatory intervention should consider also benefits of late payment in situations, which are beneficial for both parties, the debtor and the creditor.
Amendment 40 #
2023/0323(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. AOn one hand, a decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late paymes necessary to reverse this trend and to discourage late payment, but on the other hand legitimate reasons of temporary cash flow constraints such as delayed customer payments, business growth, seasonal fluctuations, unexpected expenses, inventory management issues, market dynamics and competition or economic downturns should also be taken into account. Consequently, contractual payment periods should be in principle limited to 30 calendar days both in BG2B transactions and G2B transactions, where the public authority is the debtor. The payment periods in B2B transactions should be limited to 60 calendar days if not contractually agreed otherwise. Member States should ensure that the contractual terms and practices on payment periods are not grossly unfair.
Amendment 52 #
2023/0323(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 . It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in national law where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification. __________________ 43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.
Amendment 65 #
2023/0323(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It should not be possible for the creditor to waive its right to obtain interests for late payments, as interests for late payments have a double function: to offset part of the damage suffered by the creditor, because of the delay, and to sanction the debtor for the breach of contract. To facilitate receipt of interest and compensation in case of late payment by the creditor, the right for the creditor to obtain them should be automatic, except when the payment delay is not due to the debtor’s fault.
Amendment 68 #
2023/0323(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Abuse of freedom of contract to the disadvantage of the creditor should be avoided. As a result, where a clause in a contract or a practice relating to the date or term of payment, the payment or rate of interest for late payment, the compensation for recovery costs, extending the duration the procedure of verification or acceptance or intentionally delaying or preventing the moment of sending the invoice is not in conformity with this Regulation, it should be null and void.
Amendment 75 #
2023/0323(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure correct application of this Regulation, it is important to provide transparency regarding the rights and obligations as laid down by this Regulation. To ensure that the correctrecommended rates of interest are applied, it is important that they are made public by the Member States and the Commission.
Amendment 79 #
2023/0323(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To facilitate and ensure compliance with this Regulation, Member States should designate authorities responsible for its enforcement, which perform their duties and tasks in an objective and fair manner and ensure equal treatment of private undertakings and public authorities. Those enforcement authorities should carry out investigations on their own initiative, act on complaints, including anonymous complaints, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. In addition, for more effective enforcement, Member States should use digital tools to the extent possiblhat provide added value.
Amendment 87 #
2023/0323(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management, invoice management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management, invoice management and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments.
Amendment 89 #
2023/0323(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 91 #
2023/0323(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Transparency obligations where public authorities and large companies disclose information about their average payment periods could contribute to combating late payments in business transactions. Public authorities and large companies should disclose their average payment periods for settling invoices and receiving payments, thereby enhancing accountability. By empowering the market with crucial information, this register aims to facilitate fairer negotiations with price offer reflecting costs of potential late payment, improve market reputation for public authorities and companies with positive payment practices, and contribute to a cultural shift towards timely transactions. SMEs are encouraged but not obliged to do so, as it might represent a disproportionate administrative burden for them. Regulatory bodies should use the register to monitor legal compliance and foster effective government policies to address late payment challenges.
Amendment 92 #
2023/0323(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The objectives of this Regulation are to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of SMEs. Those objectives cannot be sufficiently achieved by the Member States, as implementing national solutions would likely result in a lack of uniform rules, fragmentation of the single market and higher costs for companies trading across borders. Therefore, those objectives can be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty of European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.
Amendment 94 #
2023/0323(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The Commission and Member States should review also other solutions to combat late payments outside this Regulation, for example, in order to address problems where big buyers, like large retailers or governments, use their purchasing power to force small sellers to accept their payment terms. Competition authorities could be more effective in handling individual cases. Perhaps even allowing enforcement against public bodies that do not pay on time should be assessed.
Amendment 111 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. With the exception of Article 3(1), tThis Regulation shall not affect the provisions laid down in Directive (EU) 2019/633.
Amendment 122 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment of the amount due that is not made within the contractual or statutory payment period as set out in Article 3;
Amendment 153 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions between undertakings, the payment period shall not exceed 360 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non- regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 166 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In commercial transactions where the debtor is a public authority, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services.
Amendment 171 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 183 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where the contract provides for a procedure of acceptance or verification, in accordance with paragraph 2, the maximum duration of that procedure shall not exceed 30 calendar days from the date of receipt of the goods or services by the debtor, even if such goods or services are supplied prior to the issuance of the invoice or an equivalent request for payment, unless otherwise expressly agreed in the contract and provided it is not grossly unfair to the creditor within the meaning of Article 9. In this case, the debtor shall initiate the procedure for acceptance or verification immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction. The payment period shall not exceed 30 calendar days after such procedure has taken place.
Amendment 188 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period which may be provided for in national law.
Amendment 233 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Interest for late payment shall be automatically due by the debtor to the creditor, without the creditor needing to send a reminder, where the following conditions are satisfied:
Amendment 236 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the creditor has not received the amount due specified in the invoice or the equivalent request for payment, within the contractual or statutory payment period as set out in Article 3.
Amendment 242 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. It shall not be possible for the creditor to waive its right to obtain interest for late payment.
Amendment 247 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) the number of days agreed as the payment period after the receipt by the debtor of the invoice or an equivalent request for payment;
Amendment 249 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) the number of days agreed as the payment period after the receipt by the debtor of the goods or services.
Amendment 264 #
2023/0323(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Null and void, void and grossly unfair contractual terms and practices
Amendment 269 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 270 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) excluding or limiting the right of the creditor to obtain interest for late payment provided for in Article 5 or the right to obtain compensation for recovery costs provided for in Article 8;
Amendment 278 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The contractual terms and practices setting the grossly unfair payment period shall be considered grossly unfair. In determining whether a contractual term is grossly unfair all circumstances shall be considered, including: (a) any gross deviation from good commercial practice, contrary to good faith and fair dealing; (b) the nature of the product or the service; and (c) whether the debtor has any objective reason to deviate from the statutory rate of interest for late payment, from the payment period as referred to in Article 3 or from the fixed sum as referred to in Article 8(1).
Amendment 282 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that adequate and effective means exist to verify and end the contractual terms and practices referred to in paragraph 1 and 1a.
Amendment 283 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall ensure that, in the interests of creditors and competitors, adequate and effective means exist to prevent the continued use of contractual terms and practices which are grossly unfair.
Amendment 284 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
3b. The means referred to in paragraph 2 shall include provisions whereby organisations officially recognised as representing undertakings, or organisations with a legitimate interest in representing undertakings may take action according to the applicable national law before the courts or before competent administrative bodies on the grounds that contractual terms or practices are grossly unfair, so that they can apply appropriate and effective means to prevent their continued use.
Amendment 285 #
2023/0323(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 293 #
2023/0323(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. National enforcement authorities shall publish on their website a list of undertakings against which decisions referred to in Article 14 have been issued.
Amendment 296 #
2023/0323(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Transparency obligations 1. Public authorities and large undertakings, as referred to in Article 3(4) of Directive 2013/34/EU shall publish information on their payment practices, including average payment periods for settling invoices and to receive payment for invoices. 2. The report shall include at least: a. the average payment period for settling invoices and to receive payment for invoices; b. the percentage and value of payments settled within 30 days, in 31 to 60 days, and in 61 days or more; c. the percentage and value of payments made overdue by up to 15 days, in 16 to 30 days, in 31 to 60 days, and in 61 days or more; d. the percentage and value of payments received within 30 days, in 31 to 60 days, and in 61 days or more; e. the percentage and value of payments received overdue by up to 5 days, in 6 to 15 days, in 16 to 30 days, in 31 to 60 days, and in 61 days or more. 3. The report shall provide information according to paragraph 2 separately for micro undertakings, small and medium- sized undertakings and large undertakings as referred to Directive 2013/34/EU. 4. The report shall be easily and publicly available on the websites of public authorities and large undertakings.
Amendment 319 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where appropriate, enforcement authorities shall take proportionate measures necessary to ensure that the deadlines for payments are complied with.
Amendment 334 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. By [OP: please insert the date = 1 year after the entry into force of this Regulation] and every 3 years thereafter, the Commission shall make publicly available the information regarding enforcement authorities in Member States, the number of complaints and investigations, measures taken according to paragraph 2 of this Article and identification of best practices.
Amendment 344 #
2023/0323(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Enforcement authorities shall have the necessary resources and expertise to perform their duties, and shallmay have the following powers:
Amendment 363 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the complainant so requests, the enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality. Complainants may submit a complaint to the enforcement authorities anonymously.
Amendment 379 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. To the extent possiblit brings added value, Member States shall use digital tools for effective enforcement of this Regulation.
Amendment 384 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, invoice management tools and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
Amendment 394 #
2023/0323(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
By [OP: please insert the date = 4 years after the entry into force of this Regulation], the Commission shall submit a report on the implementapplication of this Regulation to the European Parliament and the Council.
Amendment 395 #
2023/0323(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
The report shall assess the following: a) the impact of this Regulation on the proper functioning of the Union’s internal market, including the competitiveness and growth; b) the impact of this Regulation on additional cash flow to the market ; c) the impact of this Regulation on costs to consumers within the Union; d) the payment culture, trends, average payment times, regulatory measures and their effectiveness in third countries and comparison of their effectiveness to this Regulation; e) the effectiveness of allowing executions of public authorities that do not pay on time; f) the long-term impact of restricting freedom of contracts on the competitiveness of the Union; g) the effectiveness to off-set overdue payments by tax or social security payments where the debtor is a public authority; h) the total number and the market share of voluntary market initiatives promoting payment culture per Member State, including assessment of their effectiveness; i) whether any EU voluntary prompt payment code is needed to effectively improve payment culture; j) whether any changes are needed to the requirements on information set out in Article 11a on Transparency reporting obligations, including cost-benefit analysis of requirements in Article 11a; k) whether it is user-friendly to find the information set out in Article 11a; l) the application of penalties and other administrative measures and, in particular, any need to further harmonise the administrative penalties provided for infringements of this Regulation; m) the costs of complying with this Regulation for undertakings per size category, including additional financing costs, as a percentage of operational costs; n) the number and amount of administrative fines and criminal penalties imposed according to or in relation with this Regulation classified by Member States; o) list of measures introduced in Member States according to Article 17, including analysis of effectiveness and identification of best practices.
Amendment 399 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from [OP: please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 5 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2018/1724
Article 1(1), point (a)
Article 1(1), point (a)
(a) the establishment and operation of a single digital gateway to provide citizens, businesses and legal persons other than businesses with easy access to high quality information, to efficient procedures saving time and costs and to effective assistance and problem-solving services with regard to Union and national rules applicable to citizens, businesses and legal persons other than businesses exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;
Amendment 6 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Regulation (EU) 2018/1724
Article 25
Article 25
(4 a) in Article 25, paragraph 1a is added: For services referred to in Article 2(2), point (b), the feedback tool referred to in paragraph 1 shall include the total time spent by the user on the procedures covered by Annex II, and where applicable, estimated total time spent before the application of this Regulation.
Amendment 7 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 b (new)
Article 2 – paragraph 1 – point 4 b (new)
Regulation (EU) 2018/1724
Article 27
Article 27
(4 b) Article 27 is replaced by the following: 1.The Commission shall publish in an anonymised form all feedback and online summary overviews of the problems emerging from the information collected in accordance with Article 26(1), the main user statistics referred to in Article 24, and the main user feedback referred to in Article 25. 2. Online summary overviews referred to in paragraph 1 shall include statistics on feedback that resulted in action by the Commission or Member States to improve the gateway, quantified estimates of the net impact of those actions, and case studies on how the feedback is improving the gateway in practice.
Amendment 12 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Regulation (EU) 2018/1724
Article 36
Article 36
Article 36 is replaced by the following: 1.By [36 months after entry into force] and once every three years thereafter, the Commission shall review the application of this Regulation and submit to the European Parliament and to the Council an assessment report on the functioning of the gateway and on the functioning of the internal market on the basis of the statistics and feedback collected in accordance with Articles 24, 25 and 26. 2.The review shall, in particular: (a) evaluate the scope of Article 14, taking into account technological, market and legal developments concerning the exchange of evidence between competent authorities; (b) evaluate and quantify the time and costs saved for users of Article 1(1), point (b) and the cost savings for each Member State; (c) evaluate the scope of Annex II, quantify the time and costs saved for users for each procedure of Annex II for each Member State; (d) quantify net impact of this Regulation on users, including time and costs saved; (e) analyse best practices of procedures fully available online in Member States, which has the potential to save the most time and costs for users and assess their feasibility to extend Annex II.
Amendment 96 #
2023/0210(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The definition of funds should cover all forms of central bank money issued for retail use, includingnamely banknotes and coins, and any possible future central bank digital currency, e- money and commercial bank money. Central bank money issued for use between the central bank and commercial banks, i.e. for wholesale use, should not be covered.
Amendment 110 #
2023/0210(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Account information services and payment initiation services, often collectively known as ‘open banking services’, are payment services involving access to the data of a payment service user by payment service providers which do not hold the account holder’s funds nor service a payment account. Account information services allow the aggregation of a user’s data, at the request of the payment service user, with different account servicing payment service providers in one single place. Payment initiation services may allow the initiation of a payment from the user’s account, such as a credit transfer or a direct debit, in a convenient way for the user and the payee without the use of an instrument such as a payment card.
Amendment 112 #
2023/0210(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) For the provision of payment initiation services, the account servicing payment service provider should provide the payment initiation service provider with all information accessible to it regarding the execution of the payment transaction immediatelybefore and after the payment order has been receivinitiated. Sometimes more information becomes available to the account servicing payment service provider after it has received the payment order, but before it has executed the payment transaction. Where relevant for the payment order and the execution of the payment transaction, the account servicing payment service provider should provide that information to the payment initiation service provider. The payment initiation service provider should benefit from the information necessary to assess the risks of non-execution of the initiated transaction. That information is indispensable to enable the payment initiation service provider to offer to a payee on behalf of whom it initiates the transaction a service whose quality can compete with other means of electronic payments available to the payee, including payment cards.
Amendment 123 #
2023/0210(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) Given their obligations to safeguard the security of their services in accordance with Directive 2002/58/EC of the European Parliament and of the Council49 , electronic communications services providers have the capacity to contribute to the collective fight against ‘spoofing’ fraud. Therefore, and without prejudice to the obligations laid down in national law implementing that Directive, electronic communications services providers should cooperate with payment service providers with a view to preventing further occurrences of that type of fraud, including by acting promptly to ensure that appropriate organizational and technical measures are in place to safeguard the security and confidentiality of communications in accordance with Directive 2002/58/EC. Any claim by a payment service provider against other providers, such as electronic communications services providers, for financial damage caused in the context of this type of fraud should be made in accordance with national law. Electronic communications services providers cannot be held liable for payment fraud committed by the third party. __________________ 49 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).
Amendment 127 #
2023/0210(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) To assess possible negligence or gross negligence on the part of the payment service user, account should be taken of all circumstances. The evidence and degree of alleged negligence should generally be evaluated according to national law. However, while the concept of negligence implies a breach of a duty of care, ‘gross negligence’ should mean more than mere negligence, involving conduct exhibiting a significant degree of carelessness; for example, keeping the credentials used to authorise a payment transaction beside the payment instrument in a format that is open and easily detectable by third parties, unsafe manipulation with security codes, debit card or a device used to provide the access to banking, persuading the bank to lift the blockade placed after a fraud alert acting on guidance from an unfamiliar third party, transferring money to foreign accounts under suspicious circumstances or opening one or more crypto wallets acting on guidance from an unfamiliar third party. The fact that a consumer has already received a refund from a payment service provider after having fallen victim of bank employee impersonation fraud and is introducing another refund claim to the same payment service provider after having been again victim of the same type of fraud could be considered as ‘gross negligence’ as that might indicate a high level of carelessness from the user who should have been more vigilant after having already be victim of the same fraudulent modus operandi.
Amendment 139 #
2023/0210(COD)
Proposal for a regulation
Recital 109
Recital 109
(109) As the payment service provider that should apply strong customer authentication is the payment service provider that issues the personalised security credentials, payment transactions that are not initiated by the payer but by the payee only should not be subject to strong customer authentication to the extent that those transactions are initiated without any interaction or involvement of the payer. The regulatory approach to MITs and direct debits, both being transactions initiated by the payee, should be aligned and benefit from the same consumer protection measures, including refunds.
Amendment 143 #
2023/0210(COD)
Proposal for a regulation
Recital 119
Recital 119
(119) Operators of digital pass-through wallets that verify the elements of SCA when tokenised instruments stored in the digital wallets are used for payments should be required to enter into outsourcing agreements with the payers’ payment service providers to allow them to continue to perform such verifications, but also requiring them to comply with key security requirements. The payer’s payment service providers should, under such agreements, retain full liability for any failure by operators of digital pass- through wallets to apply SCA and have the right to audit and control the wallet operator’s security provisions. An outsourcing agreement is not needed if the payer’s payment service provider remains in control of strong customer authentication.
Amendment 145 #
2023/0210(COD)
Proposal for a regulation
Recital 120
Recital 120
(120) Where technical service providers or operators of payment schemes provide services to payees or to the payment service providers of payees or of payers, they should support the application of strong customer authentication within the remit of their role in the initiation or execution of payment transactions. Given the role that they play in ensuring that key security requirements concerning retail payments are properly implemented, including by providing appropriate IT solutions, technical service providers and operators of payment schemes should be held liable for the financial damages caused to payees or to the payment service providers of the payees or of the payers in case they fail to support the application of outsourced strong customer authentication.
Amendment 179 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘funds’ means central bank money issued for retail usebank notes and coins, scriptural money and electronic money;
Amendment 188 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘distributor’ means a natural or legal person that distributes or redeems electronic money on behalf of and engaged by a payment institution;
Amendment 189 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 52
Article 3 – paragraph 1 – point 52
(52) ‘electronic money services’ means the issuance of electronic money, the maintenance of payment accounts storing electronic money units, and the transfer of electronic money units;
Amendment 198 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 55 a (new)
Article 3 – paragraph 1 – point 55 a (new)
(55 a) 'authorisation' means the consent granted by a payer to their payment services provider for executing a payment transaction via the agreed process and form.
Amendment 246 #
2023/0210(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 301 #
2023/0210(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Account servicing payment service providers shall provide payment initiation service providers with at least the same information on the initiation and execution of the payment transaction provided or made available to the payment service user when the transaction is initiated directly by the payment service user. That information shall be provided immediately after receipt of the payment order and on an ongoing basis until the payment is finalexecuted or rejected.
Amendment 313 #
2023/0210(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
For the purposes of point (b), where some or all of the information referred to in that point is unavailable immediately after receipt of the payment order, the account servicing payment service provider shall ensure that any information, including any payment status update, about the execution of the payment order is made available to the payment initiation service provider immediately after that information becomes available to the account servicing payment service provider.
Amendment 316 #
2023/0210(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point c
Article 43 – paragraph 2 – point c
Amendment 318 #
2023/0210(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point d a (new)
Article 43 – paragraph 2 – point d a (new)
(d a) be consistent with the Financial Data Access Regulation’s dashboards and allow data holders to manage data permissions stemming from both FIDA and this Regulation through a single dashboard.
Amendment 346 #
2023/0210(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 (new)
Article 50 – paragraph 1 – subparagraph 1 (new)
When a credit transfer is intended for a legal entity payee, the payer's payment service provider should permit the utilization of data elements beyond the name. This may include utilizing the ISO 17442 Legal Entity Identifier, where available, to enhance security in the identification matching process.
Amendment 364 #
2023/0210(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Evidence on authorisentication and execution of payment transactions
Amendment 366 #
2023/0210(COD)
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1
Article 55 – paragraph 1 – subparagraph 1
Where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed, the burden shall be on the payment service provider to prove that the payment transaction was authorisefollowed required authentication and, accurately recorded, entered in the accounts and not affected by a technical breakdown or some other deficiency of the service provided by the payment service provider. Until other evidence is collected and properly assessed, the payment service provider is entitled to treat the transaction as authorised and correctly executed.
Amendment 368 #
2023/0210(COD)
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
If the payment transaction is initiated through a payment initiation service provider, the burden shall be on the payment initiation service provider to prove that within its sphere of competence, the payment transaction followed required authentication and was authorisenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the payment service of which it is in charge. Until other evidence is collected and properly assessed, the payment service provider is entitled to treat the transaction as authorised and correctly executed.
Amendment 372 #
2023/0210(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Where a payment service user denies having authorised an executed payment transaction, the use of a payment instrument recorded by the payment service provider, including the payment initiation service provider as appropriate, shall in itself not necessarily be sufficient to prove either that the payment transaction was authorisenticated by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under Article 52. The payment service provider, including, where appropriate, the payment initiation service provider, shall provide supporting evidence to prove fraud or gross negligence on part of the payment service user.
Amendment 389 #
2023/0210(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Technical service providers and operators of payment schemes that either provide services to the payee, or torelating to strong customer authentication under an outsourcing agreement with the payment service provider of the payee or of the payer, shall be liable for anydirect financial damage caused to the payee, to the payment service provider of the payee or of the payer for, and proportionate to, their failure, within the remit of their contractual relationship, and not exceeding the amount of the transaction in question, to provide the services that are necessary to enable the applicationcarrying out of strong customer authentication.
Amendment 396 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name orand e-mail address or name and telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumer the full amount of the fraudulent authorised payment transaction under the condition that the consumer has, without any delay, submitted reasonable documentation to prove the occurrence of the fraud, reported the fraud to the police and notified its payment service provider.
Amendment 407 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. Within 10 business days after noting or being notified of the fraudulent authorised payment transaction and having received the detailed police report, the payment service provider shall do either of the following:
Amendment 413 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Paragraph 1 shall not apply if the consumer has acted fraudulently or with gross negligence or refuses to comply with the PSP’s investigation, providing relevant information on how the impersonation fraud happened.
Amendment 414 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3 a. The liability of the payment service provider referred to in paragraph 1 may be mitigated by the following: (a) fraud through unconventional channels that differ from the PSP´s usual practices; (b) educational efforts to raise consumer awareness of specific fraud; (c) online tools for validating consumer communications.
Amendment 415 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. The burden shall be on the payment service provider of the consumer to prove that the consumer acted fraudulently or with gross negligence. By 12 months after the date of entry into force of this Regulation, the EBA shall issue guidelines specifying the notion of gross negligence.
Amendment 419 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Where informed by a payment service provider of the occurrence of the type of fraud as referred to in paragraph 1, electronic communications services providers shall cooperate closely with payment service providers and act swiftly to ensure that appropriate organizational and technical measures are in place to safeguard the security and confidentiality of communications in accordance with Directive 2002/58/EC, including with regard to calling line identification and electronic mail address. Providers of electronic communication services shall not be held accountable for payment frauds committed by third parties.
Amendment 432 #
2023/0210(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 4
Article 62 – paragraph 1 – subparagraph 4
Without prejudice to paragraph 3 of this Article, in addition to the right referred to in the first subparagraph of this paragraph, for authorised payment transactions which were initiated by a payee, including direct debits as referred to in Article 1 of Regulation (EU) No 260/2012, the payer shall have an unconditional right to a refund within the time limits laid down in Article 63 of this Regulation. Merchant Initiated Transactions (MITs) shall not fall within the scope of this unconditional right.
Amendment 454 #
2023/0210(COD)
Proposal for a regulation
Article 83 – title
Article 83 – title
Amendment 455 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Payment service providers shall have tfransactionud monitoring mechanisms in place that:
Amendment 461 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 1 – introductory part
Article 83 – paragraph 2 – subparagraph 1 – introductory part
Transaction monitoring mechanisms shall be based on the analysis of previous payment transactions and access to payment accounts online. Processing shall be limited toinclude the following data required for the purposes referred to in paragraph 1:
Amendment 465 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 1 a (new)
Article 83 – paragraph 2 – subparagraph 1 a (new)
Payees’ payments service providers shall provide the data required for the purposes referred to in paragraph 1 to the payment service providers involved in the transaction.
Amendment 467 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 a (new)
Article 83 – paragraph 2 – subparagraph 2 a (new)
Payment service providers may process the data listed in the first subparagraph of Article 83(2) for strong customer authentication as an element of ‘inherence’ pursuant to Article 3, point (35).
Amendment 497 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 1 – point b
Article 85 – paragraph 1 – point b
Amendment 499 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 1 a (new)
Article 85 – paragraph 1 a (new)
1 a. A requirement of strong customer authentication does not apply in cases of technical failure during which a payment provider shall apply the best effort to authenticate the payer and shall apply strong customer authentication immediately after solving the technical failure.
Amendment 502 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 4
Article 85 – paragraph 4
Amendment 503 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 5
Article 85 – paragraph 5
5. Where the mandate of the payer to the payee to place payment orders for transactions referred to in paragraph 3 is provided through a remote channel with the involvement of the payment service provider, the setting up of such a mandate shall be subject to strong customer authentication.
Amendment 504 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 6
Article 85 – paragraph 6
6. For direct debits as referred to in Article 1 of Regulation (EU) No 260/2012, where the mandate given by the payer to the payee to initiate one or several direct debit transactions is provided through a remote channel with the direct involvement of a payment service provider in the setting up of such a mandate, strong customer authentication shall be applied.
Amendment 514 #
2023/0210(COD)
Proposal for a regulation
Article 85 – paragraph 12
Article 85 – paragraph 12
12. The two or more elements referred to in Article 3, point (35), on which strong customer authentication shall be based do not necessarily need to belong to different categories, as long as their independence is fully preserved. However, payment service providers shall not use two elements categorised as knowledge.
Amendment 521 #
2023/0210(COD)
Proposal for a regulation
Article 86 – paragraph 3
Article 86 – paragraph 3
Amendment 522 #
2023/0210(COD)
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
Amendment 525 #
2023/0210(COD)
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
A payer payment service provider shall enter into an outsourcing agreement with its technical service provider in case that technical service provider is providing and verifying the elements of strong customer authentication and the payer payment service provider is not in control of strong customer authentication. A payer’s payment service provider shall, under such agreement, retain full liability for any failure to apply strong customer authentication and have the right to audit and control security provisions.
Amendment 528 #
2023/0210(COD)
Proposal for a regulation
Article 87 – paragraph 1 a (new)
Article 87 – paragraph 1 a (new)
A payer payment service provider’s outsourcing of strong customer authentication pursuant to paragraph 1 is not outsourcing of a payer payment service provider’s critical or important functions.
Amendment 529 #
2023/0210(COD)
Proposal for a regulation
Article 87 – paragraph 1 b (new)
Article 87 – paragraph 1 b (new)
A payer payment service provider is allowed to enter into multilateral or scalable outsourcing agreements for authorising technical service providers to provide and verify the elements of strong customer authentication pursuant to paragraph 1.
Amendment 530 #
2023/0210(COD)
Proposal for a regulation
Article 87 – paragraph 1 c (new)
Article 87 – paragraph 1 c (new)
Paragraph 1 does not apply to technical services for strong customer authentication that are provided by operators of payment schemes.
Amendment 539 #
2023/0210(COD)
Proposal for a regulation
Article 89 – paragraph 2 – subparagraph 1 – point e a (new)
Article 89 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) the need for balance between fraud risk versus the consumer experience with regards to low value transactions.
Amendment 549 #
2023/0210(COD)
Proposal for a regulation
Article 97 – paragraph 2 – point a – point i
Article 97 – paragraph 2 – point a – point i
(i) in the case of a legal person, a maximum administrative fine of at least 104% of its total annual turnover as defined under paragraph 3;
Amendment 556 #
2023/0210(COD)
Proposal for a regulation
Article 108 – paragraph 1 – subparagraph 1 – introductory part
Article 108 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall, by 57 years after the date of application of this Regulation, submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the application and impact of this Regulation, and in particular on:
Amendment 557 #
2023/0210(COD)
Proposal for a regulation
Article 108 – paragraph 1 – subparagraph 1 – point d a (new)
Article 108 – paragraph 1 – subparagraph 1 – point d a (new)
(d a) the number and the amount of administrative penalties and administrative measures imposed according to or in relation to this Regulation, categorised by Member State;
Amendment 558 #
2023/0210(COD)
Proposal for a regulation
Article 108 – paragraph 1 – subparagraph 1 – point d b (new)
Article 108 – paragraph 1 – subparagraph 1 – point d b (new)
(d b) the quality of cooperation between national competent authorities and EBA;
Amendment 559 #
2023/0210(COD)
Proposal for a regulation
Article 108 – paragraph 1 – subparagraph 1 – point d c (new)
Article 108 – paragraph 1 – subparagraph 1 – point d c (new)
(d c) the costs of complying with this Regulation for payment service providers and technical service providers as a percentage of operational costs;
Amendment 560 #
2023/0210(COD)
Proposal for a regulation
Article 108 – paragraph 1 – subparagraph 1 – point d d (new)
Article 108 – paragraph 1 – subparagraph 1 – point d d (new)
(d d) types and trends of fraudulent behaviour, and estimations and proportions of financial damage that behaviour represents on the market, quantified by Member States;
Amendment 562 #
2023/0210(COD)
Proposal for a regulation
Article 112 – paragraph 2
Article 112 – paragraph 2
It shall apply from [ OP please insert the date= 1836 months after the date of entry into force of this Regulation].
Amendment 566 #
2023/0210(COD)
Proposal for a regulation
Article 112 – paragraph 3
Article 112 – paragraph 3
However, Articles 50 and 57 shall apply from [ OP please insert the date= 2436 months after the date of entry into force of this Regulation].
Amendment 568 #
2023/0210(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Issuance of electronic money, maintenance of payment accounts storing electronic money units and transfer of electronic money units.
Amendment 64 #
2023/0209(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Payment institutions should be allowed to grant credit, but this activity should be subjected to some strict conditions. It is therefore appropriate to regulate the granting of credit by payment institutions in the form of credit lines and the issuance of credit cards, insofar as those services facilitate payment services and if credit is granted for a period not exceeding 12 months, including on a revolving basis. It is appropriate to allow payment institutions to grant short-term credit with regard to their cross-border activities, on the condition that it is refinanced using mainly the payment institution’s own funds, as well as other funds from the capital markets, and not the funds held on behalf of clients for payment services. That possibility should however be without prejudice to Directive 2008/48/EC of the European Parliament and of the Council39 or other relevant Union law or national measures regarding conditions for granting credit to consumers. Given their principally lending nature, ‘Buy Now Pay Later’ services should not constitute a payment service. Those services are covered by the new Directive on consumer credits replacing Directive 2008/48/EC. Nonetheless, undertakings providing ‘Buy Now Pay Later’ services are subject to this Directive if they provide any payment service as referred to in Annex I. __________________ 39 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
Amendment 75 #
2023/0209(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘technical service provider’ means a provider of services which, although not being payment services, are necessary to support the provision of payment services, without the provider of technical services entering at any time into possession of the funds to be transferred;
Amendment 77 #
2023/0209(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘business day’ means a day on which the payment service provider of the payer or of the payee involved in the execution of a payment transaction is open for business as required for theto execution ofe a payment transaction;
Amendment 80 #
2023/0209(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘distributor’ means a natural or legal person that distributes or redeems electronic money on behalf of and engaged by a payment institution;
Amendment 82 #
2023/0209(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘electronic money services’ means the issuance of electronic money, the maintenance of payment accounts storing electronic money units, and the transfer of electronic money units;
Amendment 88 #
2023/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) where the payment institution provides electronic money services, its capital shall at no time be less than EUR 40350 000.
Amendment 96 #
2023/0209(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 – point a
Article 17 – paragraph 1 – subparagraph 1 – point a
(a) payment institutions authorised in accordance with Article 13 and their agents and their agents or distributors, if any;
Amendment 100 #
2023/0209(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that the competent authorities of the home Member State communicate to the payment institution within 21 months of receipt of the information referred to in paragraph 1 whether the agent has been entered in the register referred to in Article 17. Upon entry in the register, the agent may commence providing payment services.
Amendment 106 #
2023/0209(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Within 1 month0 business days of receipt of all of the information referred to in paragraph 1, the competent authorities of the home Member State shall send that information to the competent authorities of the host Member State. Where the services are provided via a third Member State, the Member State to be notified shall be the one where the services are provided to payment service users.
Amendment 107 #
2023/0209(COD)
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Within 3 month20 business days of receipt of the information referred to in paragraph 1, the competent authorities of the home Member State shall communicate their decision to the competent authorities of the host Member State and to the payment institution.
Amendment 113 #
2023/0209(COD)
Proposal for a directive
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) the amount of cash provided does not exceed EUR 150 per withdrawal.
Amendment 118 #
2023/0209(COD)
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 119 #
2023/0209(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1 – introductory part
Article 43 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall, by [ OP please insert the date = 57 years after entry into force of this Directive], submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the application and impact of this Directive, and in particular on:
Amendment 121 #
2023/0209(COD)
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1 – point b a (new)
Article 43 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the total number and market share of payment service providers authorized under this Directive, classified per each Member State;
Amendment 125 #
2023/0209(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
Payment institutions as referred to in the first subparagraph which upon verification by the competent authorities comply with Title II shall be authorised as payment institutions pursuant to Article 13 of this Directive and shall be entered in the registers referred to in Articles 17 and 18. Where those payment institutions do not comply with the requirements laid down in Title II by [OP please insert the date = 24 months after the date of entry into force of this Directive], they shall be prohibited from providing payment servicesIf competent authorities fail to take a decision on authorization of payment institutions as referred to in the second subparagraph by [OP please insert the date = 24 months after the date of entry into force of this Directive], payment institutions can continue to provide and execute the payment services for which they have been authorized until such decision is taken.
Amendment 127 #
2023/0209(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Member States may grant natural and legal persons who benefited from an exemption pursuant to Article 32 of Directive (EU) 2015/2366 an exemption pursuant to Article 34 of this Directive and enter those persons in the registers referred to in Articles 17 and 18 of this Directive where the competent authorities have evidence that the requirements laid down in Article 34 of this Directive are complied with. The competent authorities shall inform the payment institutions concerned thereof. If competent authorities fail to take a decision by [OP please insert the date = 24 months after the date of entry into force of this Directive], payment institutions can continue to provide and execute the payment services for which they have been authorized until such decision is taken.
Amendment 128 #
2023/0209(COD)
Proposal for a directive
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4 a. If competent authorities decide to withdraw an authorisation under this Article, payment institutions can continue to provide and execute the payment services for which they have been authorised pursuant to Directive (EU) 2015/2366 within six months after such decision is taken.
Amendment 131 #
2023/0209(COD)
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
Electronic money institutions as referred to in the first subparagraph which upon verification by the competent authorities comply with Title II shall be authorised as payment institutions pursuant to Article 13 of this Directive, shall be entered in the registers referred to in Articles 17 and 18. Where those electronic money institutions do not comply with the requirements laid down in Title II by [OP please insert the date = 24 months after the date of entry into force of this Directive], they shall be prohibited from providing electronic money servicesIf competent authorities fail to take a decision on authorisation of payment institutions as referred to in the second subparagraph by [OP please insert the date = 24 months after the date of entry into force of this Directive], electronic money institutions can continue to provide and execute the electronic money services and payment services for which they have been authorised.
Amendment 133 #
2023/0209(COD)
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Member States shall allow legal persons that have taken up, before [OP please insert the date = 18 months after the date of entry into force of this Directive], activities in accordance with national law transposing Article 9 of Directive 2009/110/EC, to continue those activities within the Member State concerned in accordance with that Directive until [OP please insert the date = 24 months after the date of entry into force of this Directive], without being required to seek authorisation under Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive. Electronic money institutions as referred to in paragraph 1 which, during that period, have been neither authorised nor exempted within the meaning of Article 34If competent authorities fail to take a decision by [OP please insert the date = 24 months after the date of entry into force of this Directive], shall be prohibited from providing electronic money serviceselectronic money institutions can continue to provide and execute the electronic money services and payment services for which they have been authorised.
Amendment 134 #
2023/0209(COD)
Proposal for a directive
Article 45 – paragraph 4 a (new)
Article 45 – paragraph 4 a (new)
4 a. If competent authorities decide to withdraw an authorisation under this Article, electronic money institutions can continue to provide and execute the electronic money services and payment services for which they have been authorized pursuant to Directive 2009/110/EC within six months after such decision is taken.
Amendment 140 #
2023/0209(COD)
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
Directive (EU) 2015/2366 is repealed with effect from [ OP please insert the date= 1824 months after entry into force of this Directive].
Amendment 141 #
2023/0209(COD)
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
Directive 2009/110/EC is repealed with effect from [ OP please insert the date= 1824 months after entry into force of this Directive].
Amendment 142 #
2023/0209(COD)
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Member States shall adopt and publish, by [ OP please insert the date= 1824 months after entry into force of this Directive] at the latest, and within [ OP please insert the date= 612 months after entry into force of this Directive] for Article 46, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 143 #
2023/0209(COD)
Proposal for a directive
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
They shall apply those measures from [ OP please insert the date= 1824 months after entry into force of this Directive] and from [ OP please insert the date= 612 months after entry into force of this Directive] for Article 46.
Amendment 144 #
2023/0209(COD)
Proposal for a directive
Annex II – paragraph 1
Annex II – paragraph 1
Issuance of electronic money, maintenance of payment accounts storing electronic money units and transfer of electronic money units.
Amendment 75 #
2023/0083(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to reduce premature disposal of viable goods purchased by consumers and to encourage consumers to use their goods longer, it is necessary to set out ruleinform consumers on repair of such goods. Repair should result in more sustainable consumption, since it is likely to generate less waste caused by discarded goods, less demand for resources, including energy, caused by the process of manufacturing and sale of new goods replacing defective goods, as well as less greenhouse gas emissions. This Directive promotes sustainable consumption in view of achieving benefits for the environment while also producing benefits for consumers by avoiding costs associated with new purchases in the short term.
Amendment 82 #
2023/0083(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 92 #
2023/0083(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods in the event of a lack of conformity which existed at the time that the goods were delivered and which becomes apparent within the liability period. Under that Directive, consumers are not entitled to have defects repaired which fall outside that obligation. As a consequence, a large number of defective, but otherwise viable, goods are prematurely discarded. In order to encourage consumers to repair their good in such situations, this Directive should impose an obligation on producers to repair goods to which reparability requirements imposed by Union legal acts apply. That repair obligation should be imposed, upon the consumer’s request, on the producers of such goods, since they are the addressees of those reparability requirements. That obligation should apply to producers established both inside and outside the Union in relation to goods placed on the Union market.
Amendment 98 #
2023/0083(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non- conformity of the goods with a sales contract, pProducers may provide repair against a price paid by the consumer, against another kind of consideration, or for free. The charging of a price should encourage producers to develop sustainable business models, including the provision of repair services. Such a price may take into account, for instance, labour costs, costs for spare parts, costs for operating the repair facility and a customary margin. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods.
Amendment 101 #
2023/0083(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 110 #
2023/0083(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 118 #
2023/0083(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To avoid overburdening producers and to ensure they are able to perform their obligation to repair, that obligation should be limited to those products for which and to the extent any reparability requirements are provided for in Union legal acts. Reparability requirements do not oblige producers to repair defective goods, but ensure that goods are reparable. Such reparability requirements can be laid down in relevant Union legal acts. Examples are delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council17 , which create a framework to improve the environmental sustainability of products. This limitation of the obligation to repair ensures that only those goods which are reparable by design are subject to such obligation. Relevant reparability requirements include design requirements enhancing the ability to disassemble the goods and a range of spare parts to be made available for a minimum period. The obligation to repair corresponds to the scope of the reparability requirements, for instance, ecodesign requirements may apply only to certain components of the goods or a specific period of time may be set to make spare parts available. The obligation to repair under this Directive, which allows the consumer to claim repair directly against the producer in the after-sales phase, complements the supply-side related reparability requirements laid down in Regulation [on the Ecodesign Sustainable Products], encouraging consumer demand for repair. __________________ 17 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast).
Amendment 125 #
2023/0083(COD)
Proposal for a directive
Recital 18
Recital 18
(18) While tThis Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers. This choice should in particular be facilitated by requesting the European Repair Information Form not only from the producer but also other repairers like the seller or independent repairers or by searching via the online repair platform. As consumers would need to pay for the repair, they are likely to compare repair opportunities in order to choose the most suitable repair services for their needs. Thus, it is likely they approach independent repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.
Amendment 126 #
2023/0083(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 130 #
2023/0083(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to increase the consumer awareness on the availability of repair and thus its likelihood, producers should inform consumers of the existence of that obligation. The information should mention the relevant goods covered by that obligation, together with an explanation that and to what extent repair is provided for those goods, for instance through sub-contractorrepair services. That information should be easily accessible to the consumer and provided in a clear and comprehensible manner, without the need for the consumer to request it, and in line with the accessibility requirements of Directive 2019/882. The producer is free to determine the means through which it informs the consumer.
Amendment 172 #
2023/0083(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) This Directive aims to help reduce carbon emissions and save resources by creating rules for businesses and consumers in the after-sale market. The review clause should check, how effectively this Directive delivers proclaimed savings and environmental results. It should compare the results with other policy options, mainly with the introduction of the carbon taxes to price negative externalities of goods. According to 28 Nobel Laureate Economists, a carbon tax that increases over time can replace less efficient regulations. Taxing negative externalities means that products that harm the environment will cost more, giving consumers a price signal to fix goods instead of replacing them because fixing them will be cheaper. This would be more efficient compared to the new repair obligations imposed on the producers, since demand for repairs would be driven by consumers and markets.
Amendment 199 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shallmay ensure that, before a consumer is bound by a contract for the provision of repair services, the repairer shall provide the consumer, upon request, with the European Repair Information Form set out in Annex I on a durable medium within the meaning of Article 2 (11) of Directive 2019/771/EU.
Amendment 228 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shallmay constitute an integral part of that contract.
Amendment 230 #
2023/0083(COD)
Proposal for a directive
Article 5
Article 5
Amendment 231 #
2023/0083(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 282 #
2023/0083(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that producers inform consumers of their obligation to repair pursuant to Article 5 and provide information on the repair services in an easily accessible, clear and comprehensible manner, for example through the online platform referred to in Article 7.
Amendment 291 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shallmay ensure that at least one online platform exists for their territory that allows consumers to find repairers. That platform shallmay:
Amendment 298 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensumay require that the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment.
Amendment 304 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shallmay be free of charge for consumers.
Amendment 374 #
2023/0083(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Evaluation 1. By [OP: Please insert the date = 5 years after the date of application of this Directive], the Commission shall carry out an evaluation of this Directive and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of goods consumption including emission reduction. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report. 2. The report shall include at least the comparison of the Directive effectiveness in delivering environmental results with other available approaches, including a higher carbon tax to price negative externalities of goods; 3. The report shall include quantified net environmental benefit in CO2eq and quantified cost-benefit analysis;
Amendment 375 #
2023/0083(COD)
Proposal for a directive
Article 17 b (new)
Article 17 b (new)
Article 17b Report on environmental costs By 31 December 2026, the Commission shall publish a report on the environmental costs as the share of the total product costs for the relevant product groups in accordance with the Union legal acts listed in Annex II. The environmental costs shall include direct, indirect and compliance costs related to the requirements and regulations related to the sustainable and environmental policies, including Green Deal.
Amendment 376 #
2023/0083(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
This Regulation shall expire on [OP: Please insert the date = 7 years] after the date of application of this Regulation.
Amendment 2 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies, electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, nuclear energy technologies including small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 3 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, nuclear energy technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 8 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of indicative criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience.
Amendment 14 #
2023/0081(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes ofThe sustainability and resilience contribution takingen into account within ain public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a singleof strategic net-zero technology focuses, with regard to the resilience criterion, on security of supply, in particular on diversification of sources of supplies for more than 65% of the demand for a specific net-zero technology within the Uniony, without prejudice to the Union’s international commitments.
Amendment 18 #
2023/0081(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The tender’s contribution to sustainability and resilience are in no way to be used by contracting authorities or contracting entities to favour national suppliers over suppliers from other EU Member States.
Amendment 25 #
2023/0081(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The European industrial agenda is not protectionist. The EU must be and remain the guardian of rules-based trade. The motto is ‘to protect without protectionism’: protecting our people, jobs and industry, without being protectionist. We act decisively against dumping in our internal market and do not tolerate unfair competition. At the same time, the EU closely monitors the proper functioning of the internal market and ensures there is a level playing field.
Amendment 34 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regionsshould in no way distort the level playing field within the internal market and aid amounts should be strictly proportionate. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA, especially to the detriment of small(er) and less wealthy Member States. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes. The EU closely monitors and evaluates the impact and consequences of this temporary framework, particularly as regards the proper functioning of the internal market. A distortion of the proper functioning of the internal market cannot in any way be overcome by a European fund. Taking on new European debt is out of the question.
Amendment 35 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs, but no new European debt will be taken on for this. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net- zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aid. The temporary flexibility provided by the State aid rules should not in any way interfere with the level playing field within the internal market and be used as justification for new European debt. The unity of the internal market and the equality of Member States must be closely monitored, with a particular focus on small(er) Member States.
Amendment 36 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national or federal authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority or one competent authority per federal State, in line with the basic constitutional structures of the Member States as guaranteed by Article 4(2) TEU. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national or federal competent authority to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national or federal competent authorityies, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 37 #
2023/0081(COD)
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) Far from choosing the path of state dirigisme, the European Union recognises the need for supple governments that create a stable legal framework that provides legal certainty to businesses and encourages investment. Competitiveness and completion of the internal market, including a capital union, are two absolute policy priorities. There is also a need for a further shift in the EU budget, allocating more resources for innovation, research and development. The EU needs a proactive welfare and jobs agenda, which also benefits open economies.
Amendment 38 #
2023/0081(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Building on previous experiences, such as the EU Pact for Skills and the European Battery Alliance, European Net- Zero Industry Academies should support the Member States in developing and deploying education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, renewable hydrogen technologies and raw materials. The academies would aim to enable the training and education of 100.000 learners each, within three years of their establishment, to contribute to the availability of skills required for the net-zero technologies, including in small and medium-sized enterprises. That content should be developed and deployed with education and training providers in Member States, relevant Member States authorities and social partners. Education and training providers, industry and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should deliver the content produced by the academiesEducation and training providers, industry, social partners and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should develop and deploy the content. To this end, European academia shall support Member States and fully respect Member States’ competences as regards (vocational) training, in accordance with Articles 165 and 166 TFEU. To ensure skills transparency and portability and the mobility of workers, the European Net- Zero Industry Academies will develop and deploy credentials, including micro- credentials, covering learning achievements. They should be issued in the format of European credentials for learning and could be integrated in EUROPASS and, where relevant, included in National Qualifications Frameworks. Member States are encouraged to support the continuous reskilling and upskilling offered via the academies and the relevant education and training providers in their territories through national programmes and Union funding, including from the European Social Fund Plus, the Recovery and Resilience Facility, the European Regional Development Fund, the Just Transition Mechanism, the Modernisation Fund and the Technical Support Instrument. The Net-Zero Europe Platform should assist in guiding the work of the Academies and providing oversight.
Amendment 39 #
2023/0081(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) Where the learning programmes developed by the European net-zero industry academies lead to credentials that would be of assistance to persons seeking access to a profession that is regulated, Member States should, in order to facilitate the mobility in strategic net-zero industry professions and when they deem there to be equivalence, accept these credentials as sufficient proof of the knowledge, skills and competences to which they attest.
Amendment 40 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zerocurrent and future net-zero technologies and energy efficiency technologies in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 41 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The Commission shall regularly review the list of net-zero and strategic net-zero technologies, and do so at least every two years. It shall focus in that regard on the contribution of technologies to the EU’s objectives in the areas of transition to climate neutrality, energy efficiency, sustainability, environmental protection and circular economy.
Amendment 43 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors,nuclear-energy technologies and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. __________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 46 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority or one authority per competent federal state which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 47 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national or federal competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.
Amendment 48 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national or federal competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 49 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national or federal competent authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit-granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 50 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national or federal competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 51 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national competent authorities and speeding up permitting procedures.
Amendment 56 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State. The Member State shall communicate the application to the European Commission, which shall provide relevant data and information to the Member State within one month and assist the Member State in the evaluation process.
Amendment 57 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) a concise business plan evaluating the financial viability of the project consistent with the objective of creating quality jobs. The Net-Zero Europe Platform shall provide a template for the business plan.
Amendment 58 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) An initial estimate of a timetable for the project so that it can be estimated when the project can contribute to the benchmark for domestic capacity or for CO2 storage.
Amendment 61 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where the Commission, following its assessment in accordance with paragraph 4, confirms the rejection of the application by the Member State, it shall notify the applicant of its conclusion in the form of a letter. The project promoter shall have the right to resubmit the application six months after the initial rejection if significant improvements have been made to the application, account having been taken of the comments made. Where the Commission differs in its assessment from the Member State, the Net-Zero Europe Platform shall discuss the project in question.
Amendment 74 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based ontake account of the following cumulindicative criteria which shall be objective, transparent and non- discriminatory:
Amendment 85 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72, from which more than 65% of the supply for that specific net-zero technology within the Union originates in the last year for which data is available for when the tender takes place. __________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1). and security of supply, in particular diversification of supply channels
Amendment 104 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The tender’s contribution to sustainability and resilience shall in no way be used by contracting authorities or contracting entities to favour national suppliers over suppliers from other Member States.
Amendment 118 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) developWhile fully respecting Member State competences as regards (vocational) training in accordance with Articles 165 and 166 TFEU, Member States shall support the development of learning programmes, content and learning and training materials for training and education on developing, producing, installing, commissioning, operating, maintaining and recycling net- zero technologies, on raw materials, as well as to support the capacities of public authorities competent to issue permits and authorisations referred to in Chapter II and contracting authorities referred to in Chapter IV of this Regulation;
Amendment 121 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 5
Article 25 – paragraph 1 – point 5
Amendment 127 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 142 #
Amendment 143 #
Amendment 30 #
2023/0079(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) Effective rollout of projects along the critical raw material value chain requires simplification of the permitting processes to facilitate the extraction, processing, and recycling of critical raw materials. Streamlining administrative procedures and reducing bureaucratic burdens will contribute to increasing the efficiency and competitiveness of the raw materials industry, while ensuring appropriate environmental and social safeguards.
Amendment 31 #
2023/0079(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29 b) The common obstacle in raw material projects is the resistance of local communities towards mining operations. The Commission and Member States should identify best practices how to overcome these obstacles. Member States should address the inadequate involvement of local communities and local governments in sharing the benefits derived from mining raw material projects, such as royalties and taxes paid to the state, as unfair distribution of economic gains raises the resistance of local communities.
Amendment 32 #
2023/0079(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Public support is used to address specific identified market failures or sub- optimal investment situations in a proportionate manner, and actions should not duplicate or crowd out private financing or distort competition in the internal market. Evaluating the global competitiveness and concentration of a market for a given critical or strategic raw material might provide insights into potential risks and vulnerabilities, enabling targeted and efficient interventions to strengthen the Union's resilience. Actions should have a clear added value for the Union.
Amendment 36 #
2023/0079(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 44 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in Strategic Projects and in raw material projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to Strategic Projects facing difficulties in accessing finance.
Amendment 50 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative support to Strategic Projects and raw material projects to facilitate their rapid and effective implementation, including by providing:
Amendment 54 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b a (new)
Article 14 – paragraph 2 – point b a (new)
(b a) assistance to address the involvement of local communities and local governments in sharing the benefits derived from raw material projects, including royalties;
Amendment 55 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. Two years after the entry into force of this Regulation, the standing sub- group referred to in Article 35(6) shall publish a report, which details the obstacles to accelerate private investments in raw material projects, in particular Strategic Projects. The report shall also identify best practices in the Member States. The report shall assess at least the following per each Member State: (a) complexity of the permitting processes to facilitate the extraction, processing, and recycling of critical raw materials; (b) financial contribution to and involvement of local communities and local governments from raw material projects and Strategic Projects;
Amendment 62 #
2023/0079(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. Two years after the entry into force of this Regulation, the Commission shall publish criteria and guidelines on prioritisation of the investments referred in paragraph 1. The criteria shall consider the competitiveness and market concentration for a given critical or strategic raw material.
Amendment 64 #
2023/0079(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 72 #
Amendment 2 #
2023/0000(BUD)
Draft opinion
Paragraph 2
Paragraph 2
Welcomes the higher amount contributed to the functioning of the internal market; highlights however the impact of the significant inflation rise in the EU last year; notes that due to the high inflation, the proposed budget represents a deduction compared to last year´s one; emphasises the necessity to consider such inflation in the determination of the budget; calls for an adaption taking into account the inflation rate. ; warns that high government spending could further increase inflation and calls therefore for prioritising the savings in existing inefficient programmes in order to fund new priorities, rather than relying on additional fresh new resources;
Amendment 3 #
2023/0000(BUD)
Draft opinion
Paragraph 2a (new)
Paragraph 2a (new)
Stresses that failure to reduce funding of programs with low efficiency would have negative consequences for economic growth and the overall standards of living in the Union, as pointed out by the European Court of Auditors;
Amendment 5 #
2023/0000(BUD)
Draft opinion
Paragraph 3
Paragraph 3
Calls for adequate and effective initiatives to restore, further deepen and complete the single market while supporting the transition towards a digital, sustainable social market economy, to promote the interest of European consumers by enhancing a consumer welfare, ensuring a high standard of protection, and to address unjustified and disproportionate barriers to the four freedoms making the Single Market stronger, and more resilient aiming at increasing EU trade flows and improving value chains, thus contributing to economic growth;
Amendment 6 #
2023/0000(BUD)
Draft opinion
Paragraph 3a (new)
Paragraph 3a (new)
Reminds that volume of public investment recovered after the financial crisis, reaching a comparable level to that of the United States; emphasizes that private investment in the Union lags significantly behind; calls for adequate structural policies at both the EU and member states levels to improve their attractiveness as destinations for investment and talent, including by reducing red tape; https://oecdecoscope.blog/2022/05/17/how-can- europe-catch-up-on-its-digital-backlog/
Amendment 8 #
2023/0000(BUD)
Draft opinion
Paragraph 4
Paragraph 4
Welcomes the positive reception of the Single Market and InvestEU Programmes; believes that those programmes will continue to help improving the functioning of the internal market and the competitiveness of SMEs and Start-ups to generate Europe’s growth in the globalised market; calls therefore on the Commission and Member States to maintain sufficientimprove the efficiency and monitoring of funding of the Programmes, especially in the context of the green and digital transition;
Amendment 10 #
2023/0000(BUD)
Draft opinion
Paragraph 4a (new)
Paragraph 4a (new)
Urges the Commission to strictly separate the competition policy from other policy goals, such as the green and digital transition, in order to promote free, fair and effective competition favouring an efficient allocation of resources;
Amendment 12 #
2023/0000(BUD)
Draft opinion
Paragraph 4b (new)
Paragraph 4b (new)
Reminds that digitalisation is not a “one- size-fits-all” strategy for firms to boost productivity, as it is not within the key drivers of productivity growth for majority of firms, according to ECB report; calls therefore on the Commission and Member States to focus on productivity-enhancing reforms and to properly measure the results of publicly funded projects in order to use available funding efficiently; https://www.ecb.europa.eu/press/blog/date/2023/ht ml/ecb.blog230621~3c2f72aa70.el.html
Amendment 14 #
2023/0000(BUD)
Draft opinion
Paragraph 5
Paragraph 5
Highlights, in particular, the great potential of the free movement of services, which is still underdeveloped, and calls for initiatives and actions to boost cross-border trade in services in full respect of the freedom to provide services and taking into account the right for Member States to regulate the services in the general public interest while respecting the criteria of non-discrimination, necessity and proportionality; calls on the Commission to swiftly investigate all cases of hampering the internal market rules, irrespective of the size of the Member State is;
Amendment 15 #
2023/0000(BUD)
Draft opinion
Paragraph 6
Paragraph 6
Highlights that the Digital Services Act and Digital Markets Act as well as the future legislation on Artificial Intelligence and the Data Act strengthen the digital economy, protect consumers online, ensure fairness and contestability in the digital market and established clear rules on how online platforms and gatekeepers operate; calls for sufficient funding of digital policies of the Union in order to strive for a leadership position of the Union in the global digital economy. stresses in this regard the importance of ensuring the net neutrality;
Amendment 16 #
2023/0000(BUD)
Draft opinion
Paragraph 6a (new)
Paragraph 6a (new)
Stresses that new industrial policies have all the characteristics of the old industrial policies that all too often ended with no results but massive budgetary deficits; calls on the Commission to prioritize productivity of European companies and economic growth and to create better regulatory environment for the private sector as the key to long term success;
Amendment 20 #
2023/0000(BUD)
Draft opinion
Paragraph 10
Paragraph 10
Underlines the importance of clear labelling to indicate publicly that a project had been funded or partly funded by the EU ; reiterates that effective and sustainable spending and proper evaluation of results and impacts of funded projects creates savings that could finance further activities;
Amendment 22 #
2023/0000(BUD)
Draft opinion
Paragraph 10a (new)
Paragraph 10a (new)
Urges the Commission and authorities managing EU funded projects to always assess the need for public funding in their project selection procedures in order to avoid crowding out private investments; reminds that such a cost-benefit analysis demonstrating a funding gap would help in assessing the need for EU funding in research projects, according to the Court of Auditors; regrets in this regard it is not already a standard procedure;
Amendment 4 #
2022/2188(INI)
Draft opinion
Recital C
Recital C
C. whereas the full implementation of the provisions of the EU-UK Withdrawal Agreement, in particular the Protocol on Ireland and Northern Ireland and the new Windsor Framework, is a precondinecessary to ensure smooth trade and cooperation founder the UK to benefit from the advantages of the EU-UK Trade and Cooperation Agreement (TCA); whereas the new Windsor Framework is primarily benefitting the UK, but its contribution to the overall trade and investment cooperation benefits both the EU and the UK;
Amendment 10 #
2022/2188(INI)
Draft opinion
Recital H
Recital H
H. whereas EU and UK consumer protection provisions will diverge over time and will impact consumers, notably when it comes to passenger rights; whereas the Commission will track the divergence between EU and UK laws; whereas the divergence may also draw attention to better practices in the UK compared to the EU laws, whereas the Commission should analyse those cases and highlight best practices applicable for the EU law; whereas access to this divergence tracking would benefit Parliament and civil society organisations by better allowing them to scrutinise the implementation of the TCA;
Amendment 12 #
2022/2188(INI)
Draft opinion
Recital I
Recital I
I. whereas as of 2021, all exports from the UK to the EU are subject to customs procedures and checks; whereas unnecessary red-tape and regulatory barriers need to be minimized to ensure efficient trade between the EU and the UK; whereas the UK has delayed EU import checks four times since it left the EU;
Amendment 18 #
2022/2188(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers it essential that both parties fully comply with the Withdrawal Agreement, the Protocol thereto and the Windsor Framework to facilitate the unprecedented levels of UK access to the EU internal marketsmooth trade between the EU and the UK under the TCA;
Amendment 21 #
2022/2188(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 23 #
2022/2188(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 26 #
2022/2188(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to negotiate and conclude a cooperation agreement to exchange information and best practices related to the effective enforcement of market competition and consumer rights with the UK Competition and Markets Authority;
Amendment 27 #
2022/2188(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to regularly monitor the overall net impact of the TCA on the internal market and consumers, including through quantifiable measurable indicators;
Amendment 29 #
2022/2188(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the positive role of the TCA DAG and calls for the group to be more deeply involved in Parliament’s scrutinising of the TCA implementationin promoting free trade between the EU and the UK;
Amendment 5 #
2022/2060(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher value, resilience and standards, innovation and better services for the consumer; agrees with an OECD recommendation1a that active enforcement of competition rules in the European market and openness to international trade and investment should remain policy priorities; _________________ 1a OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en
Amendment 6 #
2022/2060(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas EU competition policy is designed to maintain an open market economy with free, fair and effective competition favouring an efficient allocation of resources;
Amendment 8 #
2022/2060(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 10 #
2022/2060(INI)
Motion for a resolution
Recital B
Recital B
Amendment 11 #
2022/2060(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that competition is likely to assist rather than impede recovery from the crisis and improve resilience of the Single market, stresses that a recent study2a rejected the argument that relaxation of EU competition policy would promote economic recovery, meaning that policies strictly designed to promote national champions and greater self- sufficiency are not properly justified; _________________ 2a Massey, Patrick & McDowell, Moore. ‘EU Competition Law: An Unaffordable Luxury in Times of Crisis?’. World Competition 44, no. 4 (2021): 405–432
Amendment 17 #
2022/2060(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the removal of State aid limits due to the COVID-19 crisis and now Russia’s war of aggression against Ukraine have led to Member States providing different amounts of support to the same sectors; underlines that this has led to a playing field that is not level for the same industries within the single market; calls on the Commission to seek ways to counterbalance this problemwarns that preventing fiscally responsible Member States from providing support in crisis may reduce their incentive to behave in a fiscally responsible manner in the future;
Amendment 19 #
2022/2060(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that according to the analysis from times before the crisis3a the State aid in the EU was ineffective in promoting economic growth and investments; urges the Commission to assess the contribution of State aid in the EU to economic and productivity growth based on measurable indicators and systematically review its results and impact; _________________ 3a “State Aid Policy in the European Union.” Journal of common market studies. 53.5 (2015): 1143–1162. Web.
Amendment 21 #
2022/2060(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses that the EU needs to deliver economic and productivity growth also for the sake of the resilience of the internal market; notes that a European Investment Bank paper4a concluded that productive firms have been in a better position to resist the economic shock from the Covid-19 crisis; recalls that exposing companies to strong competition will make them more resilient and innovative; calls on the Commission to deliver analysis and proposals enhancing economic and productivity growth rather than crisis-specific interventions; _________________ 4a European Investment Bank, Teruel, M., Amaral-Garcia, S., Bauer, P., et al., COVID-19 and the resilience of European firms : the influence of pre-crisis productivity, digitalisation and growth performance, European Investment Bank, 2022, https://data.europa.eu/doi/10.2867/388751
Amendment 23 #
2022/2060(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas ensuring a level playing field for businesses in the single market is also crucial for the development of new technologies and the creation of new jobs;
Amendment 24 #
2022/2060(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that we should learn from previous crises if we want to achieve real measurable results and impact, recovery and level playing field; reminds the lesson from the financial crisis that actions based on immediate needs are a poor substitute for policy intervention based on sound economic analysis; regrets that several proposals were not accompanied by impact assessments due to the urgency based on the Commission’s explanation; calls on the Commission to refrain from using urgency as a vindication for not preparing impact assessment for legislative proposals; calls on the Commission to prepare an in-depth analysis of impacts on competition, productivity and efficient investments for each proposal;
Amendment 27 #
2022/2060(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced and that sufficient Commission staff and resources are assigned for this task; asks the Member States, furthermore, to second additbased on data, transparent indicators, clear rules and in-depth analysis of their impact on consumer welfare; further asks the Commission to ensure that adequate Commissional staff and national experts to the Commissionresources are assigned for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 36 #
2022/2060(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that consolidation within the telecommunications and internet service providers sector could have a significant negative effect on competition within the Union and thus hamper consumer welfare, as it could develop into a monopolistic market, and that the Commission should be vigilant about this; notes, moreover, that mergers between internet service providers, media content broadcasters and streaming providers could create incentives to abuse a dominant position, which would have a negative effect on consumers; underlines that competition policy must support net neutrality and prevent all attempts to undermine it;
Amendment 39 #
2022/2060(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to prepare an in-depth study of the industry considering all the potential negative but also positive consequences of market consolidation, such as cost-savings or faster uptake of 5G; stresses that each Commission merger ruling should be evidence-based proving the negative consequences on consumer welfare;
Amendment 41 #
2022/2060(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that sustainable economic growth requires efficient market and limited government intervention in the economy and the need for EU competition policy to promote free and fair competition, rather than protecting particular market structures or industries;
Amendment 45 #
2022/2060(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that competition is global by nature; encourages the Commission, therefore, to use all tools provided for in the Union’s trade agreements and the Union’s Customs Code4 to counter unfair commercial trading practices and unfair competition from non-EU companies which could affect the single market; stresses on the other hand that protective measures shielding EU companies from global competition might also severely affect the single market; asks the Commission to look into international agreements and State aid rules in order to seek suitable solutions; _________________ 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 48 #
2022/2060(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates that competition policy cannot be pursued in isolation,is a tool for promoting efficient use of resources and protection of the freedom of economic action of various market participants, and not as an end in itself, without reference to the legal, economic, political and social context;
Amendment 49 #
2022/2060(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that securing reciprocal market access for EU exports rather than protectionist measures would promote recovery and sustainable growth in the single market;
Amendment 50 #
2022/2060(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 55 #
2022/2060(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that excessive tax burdens may stifle innovation and jeopardise the contestability of markets;
Amendment 56 #
2022/2060(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Observes that the uptake of electric vehicles will lead to higher electricity consumption in the future and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles; calls on the Commission to assess the need and added value of EU and national public spending on building the charging stations infrastructure;
Amendment 59 #
2022/2060(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes the risks of anti-competitive behaviour in the roll-out of artificial intelligence (AI), which could impact the market; notes at the same time the benefits to consumers of AI solutions, should they reach their pro-competitive potential; calls on the Commission to consider these risks, the likelihood of them materialising and how they can be solved, and include any relevant conclusions in the Union’s analyses and, if indispensable, in the competition rules;
Amendment 66 #
2022/2060(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that services represent the largest economic sector in the European Union and have still not yet reached their competitive potential and the level of the single market for goods; believes that the work to remove remaining obstacles should be accelerated and a single market for services fully established; calls on the Commission and the Member States to effectively target the unnecessary restrictions and to diminish national protectionism in the services sector, as effective regulation is beneficial for both consumers and professionals and increases the positive impact on the productivity and competitiveness of the EU economy;
Amendment 70 #
2022/2060(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 72 #
2022/2060(INI)
Draft opinion
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 73 #
2022/2060(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes with satisfaction that an agreement has been reached on a regulation on foreign subsidies distorting the internal market; calls on the Commission and the Member States to ensure full implementation of this new EU instrument to ensure a level playing field5 ., while stressing the need to avoid using this framework as a protectionist tool that decreases competition in the internal market; notes missing the transparent criteria on how the Commission will assess the distortion of the internal market and thus impose remedies; calls on the Commission to publish these criteria, so that the EU does not become more protectionist; _________________ 5 Proposal for a Regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market (COM/2021/223 final).
Amendment 75 #
2022/2060(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Agrees with the statement of Commissioner Vestager, highlighting that strong businesses would not emerge by shielding them from competition, but by exposing them to it; stresses that protectionist measures should be phased out; reminds that the correct goal to improve the resilience of the internal market should not be considered as an excuse for incorrect new protectionism measures; calls on the Commission to provide analyses for each such measure in order to quantify its overall impact on the internal market and its openness;
Amendment 78 #
2022/2060(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Stresses that consumer welfare must remain the ultimate goal of the competition policy;
Amendment 79 #
2022/2060(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Stresses the role of competition policy also in enhancing regional convergence in the EU; believes that EU policies should be better geared towards improving regional productive specialisation while avoiding any counterproductive impacts, such as support to inefficient firms; acknowledges that competition policy is key to promote efficient resource allocation, therefore stresses that Cohesion Policy and the Common Agricultural Policy, the two largest EU budget instruments, need to become more effective and efficient at promoting productive upgrading based on the OECD11c conclusion asking to deliver more targeted and more conducive common agricultural policy to enhance productivity gains in rural areas, by reforming distortive payments to producers, investing more in innovation and through better coordination with cohesion policy; _________________ 11c OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en
Amendment 79 #
2022/2060(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the quick adoption of the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia, and the subsequent prolongations thereof; calls on the Commission to ensure that these temporary State aid measures are limited in scope, duration and amount, and do not create permanent distortions in the internal market;
Amendment 81 #
2022/2060(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11 d. Stresses that industrial policy should not conflict with competition policy; agrees with OECD11d that providing support to new activities should be time-limited in order to avoid ending up supporting inefficient, rent-seeking activities; _________________ 11d OECD (2021), Enhancing regional convergence in the European Union, OECD Economics Department Working Papers No. 1696, OECD Publishing, Paris, https://dx.doi.org/10.1787/253dd6ee-en
Amendment 82 #
2022/2060(INI)
Draft opinion
Paragraph 11 e (new)
Paragraph 11 e (new)
11 e. Urges the Commission to carry out an ex post evaluation of the EU legislation and enforcement decisions, focused on their results and impact including effectiveness of the fines and sanctions imposed for anti-competitive conduct in the internal market.
Amendment 95 #
2022/2060(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the US Inflation Reduction Act; understands the need for additional public investments; considers the introduction of dedicated permanent, if necessary debt-financed, European investment funds to be a better policy responseraising the efficiency of public investments;
Amendment 104 #
2022/2060(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to collaborate with the USA to ensure that the implementation of the US Inflation Reduction Act is aligned with European interests as much as possible, especially to ensure that the EU is covered by the exceptions provided under the Act for countries with a free-trade cooperation, and making sure that European products are eligible for tax credits on equal terms as US products;
Amendment 111 #
2022/2060(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that introduction of Next Generation EU effectively raised the EU budget by 70%; recognises that public resources are limited and mostly funded by the taxpayers;
Amendment 113 #
2022/2060(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Is concerned that the US Inflation Reduction Act might lead to reciprocal introduction of additional European investment funds without their proper impact assessment and efficiency evaluation, which could cause misallocation of economic resources and thus further hamper European competitiveness and economic growth; underlines that a reasonable policy response requires prioritising the existing public investments and programs according to their efficiency in order to achieve the highest possible value for money and to support economic growth;
Amendment 123 #
2022/2060(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers the expansionary monetary policy, rising energy and food prices to be the main drivers of the current hike in inflation; deplornotes some undertakings’ freeriding in the context of rising energy and food prices and; reiterates that the Commission must make use of allmarket prices should not be viewed as a problem requiring regulation, because they available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food marketsre indicative of the underlying economic conditions, and provide valuable information to market participants and public authorities alike; calls on the Commission in this regard to thoroughly consider possible unintended consequences of its actions conducted under competition law; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;
Amendment 131 #
2022/2060(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that increased product market competition reduces profit margins and price levels, and thus contributes to moderating inflation;
Amendment 137 #
2022/2060(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a permanent market investigation mechanism, which should be triggered automatically upon the fulfilment of certain conditions, such as a specific rise in prices, in order to prevent any future freeriding effectson the Commission to make full use of the existing tools and mechanisms for investigating and enforcing competition law;
Amendment 146 #
2022/2060(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the quantitative jurisdictional thresholds in the EC Merger Regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest, such as climate protection, sustainability and the rule of law, to be taken into account when examining the impact of a concentration on the internal marketCommission to develop guidance on how it would consider efficiencies as they relate to matters of public interest, such as climate protection, sustainability and the rule of law; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringentappropriate conditions;
Amendment 167 #
2022/2060(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to take decisivensure that mergers and acquisitions are reviewed and approved in a fair, transparent, and efficient manner, and if appropriate, to take action, under Article 22 of the EC Merger Regulation, against ‘killer acquisitions’ that must be reported to the Commission under the Digital Markets Act (‘DMA’);
Amendment 171 #
2022/2060(INI)
10. Calls for the Commission’s procedure for examining a concentration to be shortened by making full use of digitalisation, resulting, if appropriate, in eliminating regulatory barriers for new or smaller companies to access the market;
Amendment 176 #
2022/2060(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomRecognises the Commission’s willingness to take into account the effects on labour markets and wages when determining the anti-competitiveness of collusive behaviour under Article 101(1) TFEU, as demonstrated by its reference to ‘no-poach’ agreements14 ; calls on the Commission to use the effects on wages as a benchmark when establishing infringements of competition law; _________________ 14 Speech by Commission Executive Vice President Margrethe Vestager, 22 October 2021, https://ec.europa.eu/commission/commissi oners/2019- 2024/vestager/announcements/speech- evp-m-vestager-italian-antitrust- association-annual-conference-new-era- cartel-enforcement_en.; calls on the Commission to carefully balance the potential effects on wages with the need to ensure a competitive market;
Amendment 178 #
2022/2060(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Expresses concerns that the Commission's consideration of the effects on labour markets and wages may lead to unintended consequences and calls for a balanced approach that takes into account the benefits of voluntary agreements between companies, particularly in cases where they result in increased innovation and efficiency;
Amendment 186 #
2022/2060(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls foron the Commission to investigate potential costs and benefits of the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition would improve significantly if unbundling measures were applied, taking into account potential unintended consequences, such as the fragmentation of efficient and integrated business models;
Amendment 189 #
2022/2060(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that addressing the existing regulatory barriers and cutting red-tape to ease the entry for new competitors can often be more effective way to address the market distortions1a; _________________ 1a For example: academic research suggests that privacy regulations, such as GDPR, can function as nonpecuniary barriers to trade, especially if enacted by a large economic area, https://cepr.org/voxeu/columns/regulatory -export-and-spillovers-how-gdpr-affects- global-markets-data
Amendment 192 #
2022/2060(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the importance of adopting interim measures in the enforcement of competition law, particularly in relation to dynamic and fast- developing markets such as digital markets; therefore supports the Commission in enhancsuring the use ofat interim measures undare used sparingly and only in cases where the existing Regulation (EC) No 1/2003re is clear evidence of irreparable harm to competition; calls for legislative action to lower the burden associated with the use of interim measures for the Commission and for national competition authorities;
Amendment 219 #
2022/2060(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to take a more active role in promoting cross- border e-commerce and to address barriers to entry and restrictions on the free flow of data in the single market;
Amendment 229 #
2022/2060(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 239 #
2022/2060(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Is of the opinion that sustainability is not onmore effectively pursued not by derogations from competition law provisions, but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices, in particular with regard to achieving sustainability goalsthrough targeted enforcement by competition authorities addressing anticompetitive practices that lead to unsustainable behaviour;
Amendment 247 #
2022/2060(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights that a competition policy aimed at ensuring a level playing field in all sectors is crucial for guaranteeing the proper functioning of the single market;
Amendment 277 #
2022/2060(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that Parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of Parliament’s right to intervene in judicial proceedings concerning competition law; calls on the Commission to enter into negotiations for an interinstitutional agreement on competition policy;
Amendment 4 #
2022/2036(INI)
Motion for a resolution
Citation 26 a (new)
Citation 26 a (new)
— having regards to the OECD study The E-Leaders Handbook on the Governance of Digital Government;
Amendment 6 #
2022/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas furtherefficient digitalisation of public administration increases productivity and resilience of public sector1a, enhances the quality of public services and enables lowers costs and unlocks business potential, especially for small and medium-sized enterprises (SMEs), which form the backbone of the single market; _________________ 1a See The E-Leaders Handbook on the Governance of Digital Government, 21 December 2021 https://www.oecd- ilibrary.org/docserver/ac7f2531- en.pdf?expires=1666604558&id=id∾cna me=ocid194994✓sum=2918CC03A7580B A51981657D68E9F7AF
Amendment 8 #
2022/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas public services should be fully meet the needs of its users, should be accessible online, including for persons with disabilities, and benefit from easy-to- understand and easy-to-use tools with high security and privacy standards;
Amendment 10 #
2022/2036(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas citizens expect their interactions with the government to be as fast, efficient and seamless as those with other digital platforms such as the on-line purchasing platforms they use every day, according to the OECD; whereas each Member States should meet this expectation in a transparent and cost- effective way;
Amendment 12 #
2022/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in line with Regulation (EU) 2021/241 on establishing the Recovery and Resilience Facility, each Member States should dedicate 20 % of itsthe Recovery and Resilience Facility allocation to the digital transition; whereas the Commission should properly assess and measure the results and benefits of digitalisation delivered to citizens and businesses;
Amendment 15 #
2022/2036(INI)
Motion for a resolution
Recital E
Recital E
E. whereas it is estimated that around 42 % of Europeans lack basic digital skills with decreasing trend;
Amendment 17 #
2022/2036(INI)
Motion for a resolution
Recital G
Recital G
G. whereas accessible and interoperable data in public procurement will also help to fight fraud and therefore improve, improve transparency and, procurement performance and cross-border cooperation;
Amendment 22 #
2022/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that in order to strengthen the single market, it is necessary to carry out a digital transformation that increases the availability of online public services, and open government data; Recalls that eGovernment should improve public service delivery, improve citizen engagement, enhance government openness, and provide a data-driven basis for stronger government accountability; recalls that eGovernment facilitates relationships with citizens, businesses, employees and governments, and calls for the establishment of a European digital identity;
Amendment 27 #
2022/2036(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasis that digital transformation should contribute to better law making in all sectors within the single market; mainly considering better data- based assessment of the current and planned regulations, more effective identification of regulatory gaps and unjustified barriers; calls on the Commission and Member States to take advantage of digitalisation and deliver better measurable indicators for the impacts and results of the projects, regulations, and investments;
Amendment 30 #
2022/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs, especially micro, small and medium-sized enterprises (MSMEs); calls on the Member States to involve people outside the public sector in the governance and development process towards a digitally mature and a data-driven public sector; reminds that according to the OECD Recommendation of the Council on Open Government (2017), such stakeholder participation can build government accountability, expand citizens’ empowerment and influence on decisions, increase civic capacity, improve the evidence base for policy making, reduce implementation costs, and tap on wider networks and ecosystems for innovation in policy making and service delivery; calls on Member States to redouble their efforts to further digitalise public services;
Amendment 32 #
2022/2036(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that execution, implementation and monitoring of the strategies and plans need to be addressed as well in order to ensure the effective and efficient delivery of results; underlines to need to share best practices from EU and other developed countries also for this phase; Points out on the example of the New Zealand’s Better Business Cases, a methodology to enable smart investment decisions for public value, which involves the use of a business case to demonstrate that a proposed investment is strategically aligned, represents value for money and is achievable. Using it should allow decision-makers to invest with confidence, reduce the costs and time for developing business cases; calls on the Commission to promptly publish e-government best practices from the Members States and other countries;
Amendment 43 #
2022/2036(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that broadband internet coverage, especially on islands and in rural areas, is of key importance for the development of eGovernment; calls on the Commission, therefore, to complete the necessary infrastructure for broadband internet access in cooperation with the Member States;
Amendment 45 #
2022/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that without improvements to digital skills and digital literacy, the European digital single market cannot be built; invites the Commission, therefore, to robustly implement the Digital Education Action Plan; , also by publishing the best practices in individual member states and other countries and by creating a framework for comparison, monitoring and results evaluation of digital education policies in the EU;
Amendment 48 #
2022/2036(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reminds the efficiency of digital trainings provided by the employers in the form of learning-by-doing; points out that the non-formal learning in the workplace should deliver digital skills tailored to the market needs, therefore such learning should be equivalently recognised, promoted, assessed and measured;
Amendment 49 #
2022/2036(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Points out that EU students are behind the developed countries in terms of education outcomes. Calls on the Member States to measure and improve the students´ performance, particularly in maths and science; reminds that these deficits in the scientific education system risk making it harder for the next generation of Europeans to find well-paid and highly productive employment opportunities;
Amendment 50 #
2022/2036(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Reminds that the monitoring of the digitalisation, including eGovernment, should not be focused only on the direct deliverables (outputs) but primarily on the immediate effect on direct recipients (results) and long-term changes in society (impact); believes that measuring results and impact requires greater focus and Commission should dedicate sufficient expertise and resources to it given the massive public resources and the priority of this EU objective;
Amendment 51 #
2022/2036(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Reminds that digitalization should not be the goal in itself, but rather the tool for the results to deliver for citizens; Points out that digitalisation should provide less bureaucracy and quicker, less financially demanding and more efficient public administration and if used in a good way, digitalisation has the potential to enhance the quality of education, health or public administration, but if implemented in a wrong way, it can harm public budgets;
Amendment 52 #
2022/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the ambitious digital targets set out in the policy programme for 2030 entitled ‘The Road to the Digital Decade’Regrets that targets set out in the Policy Programme for 2030 “The Road to the Digital Decade” do not sufficiently focus on results and impacts for citizens;. Calls for reporting information such as reduction of time spent dealing with public authorities for citizens and businesses, the adoption of only-once principle implemented in public services, life expectancy at birth increase due to adoption of telehealth, telemedicine or connected care and the overall contribution to economic growth, productivity growth and reduction barriers to trade and investments; believes that close cooperation between Member States, and with stakeholders, will be necessary to achieve those targets;
Amendment 55 #
2022/2036(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that e-health has untapped potential, and therefore welcomes the Commission’s intention to create a European health data space; emphasises, furthermore, that e-medical records are extremely useful for stimulating cross- border research and providing cross-border healthcare; urges the Commission and Member States to properly measure the results in order to deliver benefits to citizens and create a base for comparisons and best practices identification; believes that such measurable indicators should include targets for decrease in standardised preventable and treatable mortality rate, years of live expectancy at birth or costs of patient care;
Amendment 61 #
2022/2036(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that the aim of e-justice is to improve and simplify access to information in the field of justice, as well as to support the digitalisation of cross- border judicial and extrajudicial procedures; notes, however, that during the coronavirus pandemic, consumers and entrepreneurs had limited access to courts; believes therefore that the European e- Justice Strategy and Action Plan 2019- 2023 must be upgraded with plans for further digitalisation and adaptation to possible future extraordinary conditions in order to ensure unhindered access to justice, for example through the eGovernmentmeasurable indicators, results and impact-oriented plans for further digitalisation and targets for resilience and transparent of justice systems;
Amendment 68 #
2022/2036(INI)
Motion for a resolution
Subheading 2
Subheading 2
The role of eGovernment in stimulatdelivering business, especially SMEs -friendly, effective and innovative environment in the single market
Amendment 69 #
2022/2036(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the importance of removing remaining barriers in the single market, improvement of the access to finance and set-up of the pro-competition reforms to encourage the entry and growth of innovative companies´; believes that eGovernment could help to speed up this transition; notes also the importance of cross- border online access to information, administrative procedures, and assistance services for EU businesses and consumers;
Amendment 71 #
2022/2036(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the role of eGovernment in issuing building permits; believes that significant progress should be made in shortening the deadlines for issuing building permits in each stage of the development, from building permit to final inspection;
Amendment 74 #
2022/2036(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Reminds that unprecedented investments to digitalisation, including eGoverment attract illicit behaviour; Calls on the Commission and the Member States for transparent and free access to public data, contracts, documents, databases, including free access to the business registers, financial statements of companies and beneficial ownership information which helps to fight corruption, including misuse of the EU resources;
Amendment 76 #
2022/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the important role that GovTech plays in developing eGovernment innovations, highlights its main aspects: citizen-centric public services that are universally accessible, a whole-of-government approach to digital government transformation, and simple, efficient and transparent government systems; encourages Member States to establish GovTech programmes to encourage the development of SMEpromote transparency, innovations and benefits for citizens; welcomes the initiative to develop the European market in GovTech under the Digital Europe Programme, with a strong focus on SMEs and start-ups;
Amendment 81 #
2022/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that full access to public procurement data could significantly improve public probity, promote innovation and support single market objectives, as well as improve transparency and accountability in public spending and increase value for money; regrets the extensive time to adopt final decisions in some Member States resulting in lower effectiveness of the procedures; calls on the Commission, in this respect, to consider including public procurement in the list of ‘high-value datasets’ under Open Data Directive (EU) 2019/1024, while respecting data protection requirements and the confidentiality of commercial secrets; Calls on the Commission to evaluate the efficiency of the public procurement rules as to their time- efficiency and to publish best practices in this regards;
Amendment 86 #
2022/2036(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Notes 12 public procurement indicators under the Single Market Scoreboard; calls on the Commission to regularly identify best practices in order to improve the overall score of the Member States, including in the e- procurement and digital innovations;
Amendment 88 #
2022/2036(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the importance of innovation procurement, and encourages the Member States to integrate it into the general e-procurement framework in order to deliver more effective and efficient spending of EU taxpayers money; calls on the Member States to improve the interoperability of procurement systems, implement advanced technologies (e.g. artificial intelligence and blockchain) and ensure compliance with future legislation;
Amendment 94 #
2022/2036(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that unsuccessful parties in public procurement tenders, including electronic tenders, oftenmight abuse their right to appeal just to prolong the public procurement procedure, which destroys competition in the market and prevents investment; calls on the Commission to consider mechanisms to prevent this type of legal chicanerylays investment; calls on the Commission to consider mechanisms to prevent this type of legal chicanery, including by simplifying processes, streamlining requirements, creating transparent and quantifiable criteria in order to motivate more participants to apply for tenders; reminds of high decision speed for awarding public procurements in some Member States, calls on the Commission to identify and publish best practices in this regard;
Amendment 99 #
2022/2036(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’s initiative to create European data spaces in various sectors, including health, justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs, especially SMEs, can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the Commission to submit a legislative proposal bas soon as possible that willed on in-depth evidence- based impact assessment including a proper and understandable cost-benefit analyses, which should ensure the interoperability of data spaces in the European single market;
Amendment 101 #
2022/2036(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Stresses the need to improve assessment of the results, progress and impacts of open data policies; notes that from a government perspective, it remains critical to support investment to open up government data counting on a sound business case, to provide clear value propositions and present the potential benefits of facilitating open data use, and on ex-post assessments tools to show the realisation of such benefits; calls on the Commission to prepare and publish such in-depth assessment of progress and impacts;
Amendment 102 #
2022/2036(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Highlights that information security and privacy is a key challenge in promoting data sharing; Reminds the Expert Groups report findings about the limited trust currently existing between a given private company or civil-society organisation and the public-sector body as it comes to the storage, access and processing of data which further prevents those collaborations from happening; In this respect understands that data providers may not be comfortable to share their data in the absence of the information security and privacy; Calls on the Commission to firstly ensure significant improvement of security and privacy during the storage, access and processing of data in the public-sector before introducing new framework;
Amendment 103 #
2022/2036(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on the Commission to follow the Expert Group report recommendations to carry out studies in order to obtain further empirical evidence, including of the macroeconomic and social benefits, of B2G data sharing for the public interest;
Amendment 104 #
2022/2036(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24 d. Highlights the existing positive examples in B2B and B2G data sharing; Calls on the Commission to test its goals using data-sharing pilots and sandboxes; Stresses that Commission should analyze efficiency and value for money of pilot projects the Union before financing any complex project related to the digital transformation, including data sharing;
Amendment 105 #
2022/2036(INI)
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24 e. Calls on the Commission and Member States to promote the data- sharing culture, led by example and share their data in the visible, users friendly, transparent and easily automated process;
Amendment 106 #
2022/2036(INI)
Motion for a resolution
Paragraph 24 f (new)
Paragraph 24 f (new)
24 f. Reminds the protection of data ownership and that data-sharing does not imply that data should be shared for free;
Amendment 115 #
2022/2036(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Acknowledges that an analysis is needed of the implementation of the EU eGovernment Action Plan 2016 – 2020 in order to gain insight into its efficiency and results; calls on the Commission to report to Parliament on the implementation of the Plan;
Amendment 117 #
2022/2036(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of the continuity of European eGovernment policies; calls on the Commission to propose a new evidence-based long-term action plan for eGovernment to ensure thatwith quantified cost-benefit analysis, indicators and targets delivering results for citizens, ensuring modern public administration is fit for the digital age;
Amendment 118 #
2022/2036(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Reminds that public administrations have a responsibility towards citizens to exercise care in their use of public spending in all areas, including digitalisation of public services and that maximising the effectiveness and efficiency of expenditure in digitalisation secures the greatest value from spending decisions and helps to avoid waste, errors, fraud and corruption; Stresses that it is therefore necessary to monitor and enhance the principles of good financial governance, plan, publish and monitor national and European spending on digitalisation;.
Amendment 119 #
2022/2036(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls that long-term action plan for eGovernment should overcome a stereotype of a public sector that only engages with citizens when it needs something from them (e.g. “don’t call us, we’ll call you”), the action plan should deliver solutions about improving citizens’ user experience when they are interacting with governments, in line with the OECD policy paper on Open, Useful and Re- usable data (OURdata) Index: 2019;
Amendment 121 #
2022/2036(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Acknowledges that as collecting information is in principle more expensive and burdensome than sharing already collected information, new eGovernment strategy should aim to and incorporate the “once-only” principle, which in the context of the public sector means that citizens and businesses supply diverse data only once to a public administration;.
Amendment 124 #
2022/2036(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27 d. Stresses the need to measure the results of digitalisation also in comparison to the global scale in order to properly assess the progress delivered; calls on the Commission to regularly measure international indices under the eGovernment strategy and identify Unions strengths and weaknesses; considers mainly indicators such as OECD digital government Index, World Bank GovTech Maturity Index and United Nations E- Government Survey;
Amendment 3 #
2022/2014(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— Having regard to the Commission Fitness Check of EU consumer law on digital fairness, which opened with a Call for Evidence launched on 17 May 2022
Amendment 34 #
2022/2014(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Amendment 35 #
2022/2014(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas online gaming functionalities rely on connectivity in order to provide a stable and high-quality experience; whereas respondents in countries such as Sweden, Poland and the Netherlands exceed 90% satisfaction with upload and download speeds of their internet connection, whereas for countries such as Germany, Romania and France more than 20% of respondents were unhappy with the speed of their service, while in Greece dissatisfaction exceeds 35%; whereas in rural areas dissatisfaction with internet service is 30% higher than in urban areas 1a _________________ 1a https://europa.eu/eurobarometer/surveys/ detail/2232
Amendment 44 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorthe WHO have identified ‘gaming disorder’ as a possible health condition, characterised by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation or escalation of gaming despite the occurrence of negative consequences. whereas to qualify, the behaviour should be of sufficient severity to result in significant impairment in personal, family, social, educational, occupational or other important areas of functioning and would normally have been evident for at least 12 months; whereas the WHO cites studies that suggest that gaming disorder affects only a small proportion of people who engage in digital- or video-gaming activities;
Amendment 51 #
2022/2014(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a study of 600 children in the UK found that 36.40% of children have paid to open a loot box in an online game, 15% of those purchasing loot boxes, or around 5% of children, have used their parents’ money without permission to fund their loot box purchases, and 94% haveof children borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.html
Amendment 53 #
2022/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas a study of 4,000 children from the United States found a wide range of purchasing habits amongst children surveyed on their relationship with video games; whereas amongst 13-14 year olds 48.5% reported that they played video games but did not purchase any loot boxes, 10.3% purchased 1-5 loot boxes, 4.0% purchased 6-10 loot boxes, 3.2% purchased 11-20 loot boxes, and 7.4% purchased more than 20 loot boxes in the past year; whereas amongst 16-17 year olds 43.0% reported that they played video games but did not purchase any loot boxes, 7.1% purchased 1-5 loot boxes, 2.8% purchased 6-10 loot boxes, 1.8% purchased 11-20 loot boxes, and 5.3% purchased more than 20 loot boxes in the past year;
Amendment 57 #
2022/2014(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 70%4 of parents use some form of parental control tool; whereas the majority of parents are concerned about the amount of time their children spends playing video games and the risks of exposure to harmful content, bullying, contact with adult strangers and in-game purchasesa study of parental attitudes towards media use by their children found that 97%4 of parents use some form of parental control in relation to their child's access to online content, including video games; whereas the study also found that almost six in ten were aware of parental controls built into the device by the manufacturer and 32% said they used them; whereas the majority of respondents also reported to have spoken to their children about staying safe online (79%), with almost half doing so at least once a month (44%); _________________ 4 https://www.ofcom.org.uk/__data/assets/pd f_file/0024/196413/concerns-and- experiences-online-harms-2020-chart- pack5/217825/children-and-parents- media-use-and-attitudes-report-2020- 21.pdf
Amendment 59 #
2022/2014(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas a study found that 75% of parents have an agreement with their child about in-game spending in relation to video games1a; _________________ 1a https://www.isfe.eu/wp- content/uploads/2021/12/GameTrack-In- Game-Spending-2020.pdf.pdf
Amendment 60 #
2022/2014(INI)
Motion for a resolution
Recital H
Recital H
H. whereas 697% of parents in Europe are aware of the PEGI system and 69, 78% of them find the PEGI label useful in deciding whether or not to buy a game for their children5 ; _________________ 5 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video- games-sector-FINAL.pdfand 71% consider it to be trustworthy; whereas 73% of gamers in Europe are aware of the PEGI system, with 74% finding the label useful and 69% consider it to be trustworthy; whereas 87% of both parents and gamers find PEGI labels to be clear;
Amendment 62 #
2022/2014(INI)
I. whereas the time spent playing video games has increasednot fundamentally changed in recent years, with Europeans spending on average 9.5 hours a week playing video games in 2020, compared to 8.6 hours in 2019; 8.8 hours in 2018 and 9.2 hours in 20176 , even accounting for the COVID-19 pandemic; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
Amendment 79 #
Amendment 80 #
2022/2014(INI)
Motion for a resolution
Subheading 1
Subheading 1
1a. Bolstering consumer protection in online video games
Amendment 81 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Underlines the value of video games for both online and offline play as popular entertainment enjoyed by significant numbers of Europeans, across all ages and Member States, and as a cultural expression of its creators, individual players and wider gaming communities;
Amendment 82 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that video games are a highly innovative digital sector in the European Union and the sector is responsible for 90,000 direct jobs in Europe; underlines that video games straddle both digital and cultural sectors, as video games also represent a crucial part of the cultural and creative ecosystem with it making up over 50% of the added- value of the overall EU market for audio- visual content;
Amendment 83 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Recalls the importance of SMEs in the European video games value chain and the global prominence many European companies developing for console, PC and mobile gaming markets enjoy; expresses disappointment that such international success and cultural appeal is often overlooked when considering European leadership in digital technologies and services;
Amendment 84 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Welcomes the launch of the pilot project proposed by the European Parliament entitled "Understanding the Value of a European Games Society", which aims to gather comprehensive data to support policy making affecting the sector; notes that some of the problems faced by the sector include talent development and retention, the impact of regulation in a global marketplace, access to finance and the social and cultural impacts of video games; further notes that such work shall be completed in 2023;
Amendment 85 #
2022/2014(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. 1aa (new). Recalls that consumers of video games enjoy protections already under European consumer law, including under the existing Unfair Commercial Practices Directive; Welcomes the Commission's Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, which offers direction on the application of EU consumer law on in-game promotions and advertising, including to children, in- game purchases and the presence of paid random content;
Amendment 90 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member Statesgreater consistency between Member States in their enforcement of existing consumer law in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 101 #
2022/2014(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsrecalls that platform-level parental controls are not the only method used by parents to monitor and manage access to content by their children; notes, however, that parents may find it difficult to use such tools and encourages platforms to simplify steps needed to use those tools where parents wish to do so;
Amendment 107 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes; there are a variety of business models adopted in the video games sector; notes some video games operate on a free-to-play basis or with in- game purchases, including the option to obtain rewards through loot boxes; notes that games with an unfair pay-to-win model or which lock popular content behind paywalls have attracted negative reactions from gaming communities, leading to negative reviews and even changes to games prior or soon after their release;
Amendment 119 #
2022/2014(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly establishedthe decision on whether loot boxes may be considered gambling in Europe; notes, however, that several rests with national authorities, in line with the competences of the Member States; notes that one Member States have considers classified loot boxes to beas gambling aund have adopted regulatory measures to ban them; er their national legislation; recalls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so, to take the necessary steps to bring about a common European approachconclusions of the European Parliament study which recommended to consider paid random content as a consumer protection issue and the parallel activities of the European Commission in connection with the Unfair Commercial Practices Directive Guidance and other initiatives particularly aimed at the protection of children on the internet in general;
Amendment 127 #
2022/2014(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorschildren; welcomes therefore the Guidance of the European Commission which underlines that existing law already can be used to tackle misleading practices, including in relation to in-game promotion and in-game purchases, the requirement to display prices in real- world currencies and advertising directed at children;
Amendment 144 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have allenjoy rights concerning pre-contractual information, and should therefore be able to access the necessary information about an online video game before startprior to their initial purchase and ing to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and ohe course of any in- game purchases while they play the game; welcomes the additional information provided under the PEGI system which provides content descriptors and age advisory notices to improve ther information that may be considered to be of interestavailable to consumers at their time of purchase;
Amendment 158 #
2022/2014(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item has been obtained in a video game, it cannot typically be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; within normal gameplay; regrets that third-party stores seek to trade in in-game items, which is contrary to terms and conditions applied by video game publishers; recalls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particulfinding of the European Parliament study into loot boxes that regulators and the industry have been largely successful in tackling the issue of "skin gambling", while for other forms of illegal exchange, which run contrary through the implementao the terms and conditions of the ‘know your business customer’ obligationpublishers, legal actions are taken against third-party platforms who break those terms;
Amendment 166 #
2022/2014(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorcontinue to monitor enforcement of existing consumer rules and to work together with national consumer protection authorities and collectively in the CPC format to better protecting players, in particular children, from unfair commercial practices and other infringements of their consumer rights;
Amendment 175 #
2022/2014(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the importance of mental health, particularly that of minorschildren; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; recalls for action to be taken by game developers to avoid problems the positive role that online connectivity played in ensuring that Europeans could still communicate, interact and create together, including via online video games; reminds that gaming can provide also safe and interactive avenues for individuals who experience social disconnection or isolation in real-life environments; notes more generally the opportunities and new perspectives offered by access to crelated to addictionive expression and cultural content, in particular for younger people;
Amendment 182 #
2022/2014(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that adequate online connectivity is essential for equal access to cultural products and entertainment services across the single market; notes that citizens in many Member States report dissatisfaction with their connectivity and that a disparity remains between rural and urban populations in the connectivity that is available to them; calls on the European Commission to continue to act to improve Europe's digital infrastructure, which supports not only the creative industries developing high-quality content, but the access of European citizens to those culturally significant titles;
Amendment 187 #
2022/2014(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressesBelieves there is a risk that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, twhile research also shows that video ngame but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescents may have a positive impact, thus emphasising the need to strike a healthy balance, as with all types of consumption; underlines the need for national authorities to support parents implement their own rules or to use parental control tools in order to agree and manage, with their child, their child's consumption of digital content, including video games;
Amendment 198 #
2022/2014(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. StressNotes that video game addiction, also known as ‘gaming disorder’, is a problem for somea small proportion players; notes that the World Health Organisation has classified ‘gaming disorder’ as a form of addiction;
Amendment 207 #
2022/2014(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls for further collaborative work among video games developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies, publishers, platforms and the wider stakeholder community, including national authorities and the European Commission, to help mitigate the risk of ‘gaming disorders’;
Amendment 209 #
2022/2014(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 219 #
2022/2014(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certainmany games are specifically designed for children's educational purposes; points out that video games are also used to develop critical thinking and stimulate creativity, to provoke debate about societal issues or to deepen understanding of historical or cultural events, among others; recalls that video games feature on national educational curricula; points out that video games are also used to develop critical thinking and stimulate creativity; stresses too that video games have continuing applications later in life, where they may offer mental stimulation and opportunities for connectivity for older persons;
Amendment 223 #
2022/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficiaperforms well in providing information on the recommended minimum age and protecting minors from inappropriate game cage for playing a game, helping parents to select appropriate game content for their children; underlines that the rating system forms one part of the overall PEGI Code of Conduct, which collectively aims at ensuring a safe environtment for gamers; welcomes the functionupdated approach by PEGI which now informs consumers if a game includes paid random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU lawcontent; underlines that the presence of in-game paid content, including paid random content, does not preclude parents from managing access to that type of content, while permitting a child to access the base game that they judge to be age-appropriate; notes that some countries have made the PEGI system legally enforceable in relation to the purchase of games, while others recommend its use recognising its position as the industry standard in this area;
Amendment 230 #
2022/2014(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Encourages industry, independent expert partners, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to remain responsive to adapt the rating system in response to developments in video games and their in- game content, to continue to facilitate parental choice;
Amendment 237 #
2022/2014(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to assess how PEGI systems are being implemented in the different types of games available on the market and across the Union and to propose concrete actions to ensure they are being used effectivelyEncourages wider adoption of the PEGI system by those industry players who do not currently use it, in particular where information provided on their platforms to parents is less detailed than is offered under the PEGI system;
Amendment 239 #
2022/2014(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the PEGI system offers a recommendation to consumers, in particular parents, prior to purchase of the video game and does not establish a legal minimum age for access to that cultural good, even in countries where the PEGI system is incorporated into domestic law; cautions strongly against any such system of age verification related to access to content, in particular due to concerns relating to user privacy and discriminatory treatment compared to other forms of entertainment which may also have an age recommendation;
Amendment 242 #
2022/2014(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 248 #
2022/2014(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 251 #
2022/2014(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 254 #
2022/2014(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Draws attention to the fact that, in addition to illegal content, harmful content can also be disseminated in video games through in-game communication features; stresses that the video games industry must adopt appropriate measures and tools to protect all users from harmful content, in line with applicablerecalls that evidence suggests this is a less frequent occurrence than on other types of platforms but nevertheless notes that platforms should adopt appropriate measures in order to comply with relevant national and EU legislation which addresses this risk;
Amendment 30 #
2022/2006(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the crisis caused by the COVID-19 pandemic and the subsequent lockdowns led to an increase in social, territorial, and economic and gender- based inequalities;
Amendment 50 #
2022/2006(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas unprecedented levels of public debt may represent a drag on the recovery, pose greater risk of a fiscal crisis and lead to large tax hikes;
Amendment 53 #
2022/2006(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the fiscal consolidation with the clear intention of lowering the deficit and public debt must remain a priority of the Member States;
Amendment 56 #
2022/2006(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc whereas full and unambiguous enforcement of the fiscal rules by the Commission is necessary for their successful implementation by the Member States;
Amendment 57 #
2022/2006(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas the EU's low productivity and global competitiveness require urgent structural, growth enhancing reforms, well targeted investments in future proof infrastructure and the return to fiscal discipline;
Amendment 62 #
2022/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European economy is recovering faster than expected from the devastating impact of the global pandemicCOVID- 19 pandemic and the subsequent lockdowns; underlines the crucial importance that timely policy interventions have played and will continue to play in mitigating the impact of the pandemic on the European economy;
Amendment 71 #
2022/2006(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concernedremains vigilant about emerging new variants, and localised pandemic lockdowns,; is deeply concerned about increased energy prices, inflationary pressure, supply-side disruptions and emerging labour shortages; notes that these risks could hamper economic growth prospects in the coming months and delay the transition to a more sustainable and future-proof economy;
Amendment 116 #
2022/2006(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned about the current public debt levels in the Member States and the macro-economic risks these debt levels entail; points out that these debt levels can only be sustained by sufficient economic growth and fiscal discipline;
Amendment 119 #
2022/2006(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. BelievePoints out that the current fiscal framework has proven to provide flexibility in times of crisis; believes nonetheless that thea review of the EU’s economic governance framework is necessary; agrees withcould be beneficial, in order to improve the enforcement of the rules as well as lowering the public debt levels in the Member States; takes note of the position of the European Fiscal Board on the importance of having a clear pathway towards a reviewed fiscal framework, preferably prior to the deactivation of the general escape clause;
Amendment 167 #
2022/2006(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that it is crucial to coordinate national reform anhat Member States implement structural reforms, pursue targeted investment efforts and the exchange of best practices in order to increase the convergence and resilience of our economies, promote sustainable and inclusive growth, and improve institutional frameworks;
Amendment 174 #
2022/2006(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Remains concerned about the low productivity growth in the EU;
Amendment 177 #
2022/2006(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Recalls that growth-friendly structural reforms do not require fiscal space, but rather political, legislative and administrative efforts aimed at strengthening efficiency of the public sector, market forces and private sector initiatives;
Amendment 218 #
2022/2006(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that many Member States are having to contend with old and new structural challenges that are hindering their growth potential; highlights, therefore, that tackling structural challenges is crucial for a sustainable recovery and continued growth; takes the view that implementing growth enhancing reforms to address old and new structural vulnerabilities is key not only to improving the ability to withstand and cope with existing challenges, but also to accomplishing the twin transitions in a sustainable, fair and inclusive manner and to reducing social inequalities; points to the lack of national ownership as one of the main weaknesses in enacting reforms aimed at addressing structural deficiencies;
Amendment 246 #
2022/2006(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Asks for the necessary respect for the principles of subsidiarity and proportionality; stresses that in line with the Treaties, Member States must continue to have sufficient flexibility in implementing an appropriate social policy and remain sovereign over their tax policy;
Amendment 14 #
2022/0365(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The technical requirements for the type-approval of motor vehicles, engines and replacement parts with regard to emissions (‘emission type-approval’) are currently set out in two Regulations that apply to emission type-approval for light- duty and heavy-duty vehicles respectively, i.e. Regulation (EC) No 715/2007 of the European Parliament and of the Council (‘Euro 6’)44 and Regulation (EC) No 595/2009 of the European Parliament and of the Council (‘Euro VI’)45 . The reason for having two Regulations was that the emissions of heavy-duty vehicles were checked based on engine testing, while for light-duty vehicles the basis was whole vehicle testing. Since then, methodologies have been developed that allow testing of both light- and heavy-duty vehicles on the road. It is therefore no longer necessary to base type-approval on engine testing. __________________ 44 Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1). 45 Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1).
Amendment 16 #
2022/0365(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Incorporating the requirements laid down in Regulation (EC) No 715/2007 and Regulation (EC) No 595/2009 into a single Regulation should ensure internal coherence of the system of emission type- approvals for both light and heavy-duty vehicles, while allowing for different emission limits and testing parameters for such vehicles.
Amendment 21 #
2022/0365(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The rising cost of living is the most pressing worry for 93% of European citizens according to the results of the European Parliament’s Autumn 2022 Eurobarometer1a. It is therefore vitally important to ensure affordable new vehicle prices for consumers and businesses as they provide essential mobility, and often represent the primary mode of transportation due to limited public transportation options, particularly in suburban and rural areas. In this context, the Commission's estimates of additional direct costs for vehicle categories appear incomplete, as they neglect to account for the indirect costs to consumers and the increased manufacturing expenditure associated with battery-electric vehicles, particularly battery durability. According to industry analysis, the actual average incremental direct costs of Euro 7, primarily driven by equipment and investment expenditures, significantly exceed the figures presented in the impact assessment. These higher estimates range from €2,000 per passenger car/light-duty vehicle to €12,000 per heavy-duty vehicle, representing a four to tenfold increase compared to the Commission's projections
Amendment 22 #
2022/0365(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) The Commission's impact assessment also overlooks the high indirect costs to consumers resulting from increased fuel consumption, especially for heavy-duty vehicles. These unaccounted outgoings could exceed the total costs reported in the Commission evaluation. Experts in the industry note that meeting the proposed Euro 7 requirements may lead to higher fuel consumption, including additional fuel required to warm up the catalytic converter during cold starts. This results in substantial additional indirect costs for consumers and logistics companies. For example, a heavy-duty vehicle with a mileage of around 1 million kilometres and a fuel consumption rate of 25 litres per 100 kilometres, with diesel priced at €2 per litre, would incur an extra cost of €17,500 over its lifetime due to a 3.5%-point fuel increase. Similarly, the fuel cost increase for passenger cars and light commercial vehicles under Euro 7 would amount to approximately €700 per vehicle1a. Moreover, the impact assessment fails to account for other factors that could escalate costs for consumers, such as new requirements related to reducing tyre abrasion emissions, higher charges associated with battery-electric vehicles, and potential limitations in entry-level vehicle choices for consumers.
Amendment 26 #
2022/0365(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that the exhaust emissions for both light and heavy -duty vehicles are limited in real life, testing vehicles in real conditions of use with a minimumacross a statistically representative, non-biased set of restrictions, boundaries and other driving requirements and not only in the laboratory is required.
Amendment 29 #
2022/0365(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 31 #
2022/0365(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) There are now technologies available and used widely worldwide that limit evaporative emissions of volatile organic compounds during the use, parking and refuelling of a vehicle with petrol fuel. It is therefore appropriate to set the emission limits for such volatile organic compounds at a lower level and introduce emission limits for the refuelling phase. for new vehicles and Member States may adopt other measures at the national level to ensure that Stage II refuelling controls at petrol stations, in accordance with Commission Directive 2014/99/EU, maintain their efficacy in controlling refuelling of all petrol-run vehicles.
Amendment 33 #
2022/0365(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Non-exhaust emissions consist of particles emitted by tyres and brakes of vehicles. Emissions from tyres is estimated to be the largest source of microplastics to the environment. As shown in the Impact Assessment, it is expected that by 2050, non-exhaust emissions will constitute up to 90% of all particles emitted by road transport, because exhaust particles will diminish due to vehicle electrification. Those non-exhaust emissions should therefore be measured and limited. The Commission should prepare a report on tyre abrasion by the end of 2024 to review the measurement methods and state-of-the- art in order to proposdeveloped in the UN WP29 common GRBP/GRPE Task Force on Tyre Abrasion with the view of ensuring consistency in the definition of tyre abrasion limits. Additionally, the report should comprehensively evaluate the impact of the tyre abrasion rate limits and requirements, which will address deficiencies identified in the impact assessment of this Regulation.
Amendment 38 #
2022/0365(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Tampering of vehicles to remove or deactivate parts of the pollution control systems is a well-known problem. Such practice leads to uncontrolled emissions and should be prevented through action to deter the advertising, sale and installation of tampering devices. Tampering of the odometer, leads to false mileage and hampers the proper in-service control of a vehicle. It is, therefore of the utmost importance to guarantee the highest possible security protection of those systems, complete with security certificates and appropriate anti- tampering protection to ensure that neither pollution control systems nor the vehicle odometer can be tampered withall Member States should introduce vehicle mileage recording when a vehicle is serviced or during a periodic technical inspection. Accordingly, it is important that new vehicles are designed with appropriate security protection of those systems.
Amendment 40 #
2022/0365(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Sensors and other sophisticated strategies installed on vehicles are already used today to detect anomalies on emissions and trigger related repairs through the on-board diagnostic (OBD) system. The OBD system currently in use, however, does not detect accurately or timely the malfunctions and neither does it sufficiently and timely force repairs. As a result, ienhance their functionality in order to detect anomalies on exhaust emissions, store data and trigger the need for related repairs through the on-board diagnostic (OBD) system and the dashboard Malfunction Indicator (MI). It is possible that vehicles emit much more than they are allowed to do. The sensors used up to now for OBD can also be used to moni depending on how promptly drivers or operators and control the emission behaviour of the vehicles on a continuous basis via an on-board monitoring (OBM) system. The OBM will also warn the user to perform repairs of the engine or the pollution control systems when these are needed. It isddress the warning signalled by the MI. In some cases, sensors that have been ordinarily used for OBD can also serve the purpose of monitoring the exhaust emission behaviour of vehicles, thereby enhancing ther efore appropriate to require that such a system is installed and to regulate its technical requirementsficiency and functionality of OBD.
Amendment 41 #
2022/0365(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 45 #
2022/0365(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In case the Commission makes a proposal for registering after 2035 new light-dutyorder to align with the provisions of Regulation (EU) 2023/851, it is recommended that the Commission propose a measure for registering new vehicles runningthat exclusively run on CO2 neutral fuels after 2035, outside the scope of the CO2 fleet standards, and in conformitympliance with Union law and the Union’'s climate neutrality objective. Consequently, this Regulation will need to be amended to include the possibility to type approve such vehicles.
Amendment 48 #
2022/0365(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in relation to obligations of manufacturers as part of type-approval and procedures, test and methodologies to be applied for declaration of conformity, conformity of production check, and in-service conformity-check and environmental vehicle passport (EVP); options and designations of vehicles; requirements, tests, methods and corrective measures related to durability of vehicles, systems, components and separate technical units, as well as registration and communication capabilities of OBM systems, including for the purpose of periodic technical inspections and roadworthiness checks; requirements and information to be provided by manufacturers of multistage vehicles as well as procedures to determine the CO2 value for these multistage vehicles; technical elements, administrative and documentation requirements for emission type-approval, checks and inspections and market surveillance checks, as well as reporting obligations, in-service conformity and conformity of production checks; methods and tests to (i) measure exhaust emissions in the lab and on the road, including random and worst-case RDE test cycles, the use of portable emissions measurement systems for verifying real driving emissions, and idle emissions, (ii) determine the CO2 emissions, fuel and energy consumption, the electric range and engine power of a motor vehicle, (iii) provide specifications for gear shift indicator (GSI) (iv) determine the impact of O3, O4 trailers on the CO2 , fuel and energy consumption, electric range and engine power of a motor vehicle, (iv) measure crankcase emissions, evaporative emissions, and brake emissions in conformity with the UN WP29, (v) evaluate compliance with minimum performance requirements of battery durability in conformity with the UN WP29, (vi) assess the in-service conformity of engines and vehicles; compliance thresholds and performance requirements, as well as (vii) test and methods to ensure the monitoring performance of sensors (OBD and OBM); (viii) methods to ensure and assess security measures; specification and characteristics of driver warning systems and inducement methods and to assess their correct operation; (ix) methods to assess the correct operation, effectiveness, regeneration and durability of original and replacement pollution control systems; (x) methods to ensure and assess security measures including vulnerability analysis and tampering protection; (xi) methods to assess the correct functioning of types approved under specific EURO7 designations; (xii) criteria for emission type-approvals for small and ultra-small volume manufacturers; (xiii) checks and test procedures for multistage vehicles; (xiv) performance requirements for test equipment; (xv) specification of reference fuels; and (xvi) methods for assessing the absence of defeat devices and defeat strategies; (xvii) to measure tyre abrasion, as well as (xviii) EVP format, data and method of communication of the EVP data in conformity with UN WP29, as well as (xviii) measures to clarify the application of tests which manufacturers, Member States, third parties/Commission should exercise for initial type approval, conformity of production, in-service conformity and market surveillance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 50 . __________________ 50 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 49 #
2022/0365(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to amend or supplement, as appropriate, 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 test conditions based on data collected when testing Euro 7 vehicles, brakes or tyres; the application of test requirements, in particular taking into account technical progress and data collected when testing Euro 7 vehicles; introducing vehicle options and designations based on innovative technologies for manufacturers but also, but only to reduce procedural complexity; setting out brake particle emission limits and abrasion limits for tyre types as well as minimum perf, in accormdance requirements of batteries and durability multipliers baswith the test method and limits developed oin data collected when testing Euro 7 vehicles and setting out definitions and special rules for small volume manufacturers for vehiclethe UN WP29, as well as minimum performance requirements of cbattegories M2, M3, N2, N3,. 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-Making51 . In particular, in order 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. __________________ 51 OJ L 123, 12.5.2016, p. 1.
Amendment 51 #
2022/0365(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) It is important to grant Member States, national type-approval authorities and economic operators enough time to prepare for the application of the new rules introduced by this Regulation. The date of application should therefore be deferred. While for light duty vehicles the date of application should be as soon as technically possiblefor new types should be 36 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, for heavy -duty vehicles and trailers the date of application may be further delayed by two yearsfor new types should be 48 months from the adoption of all corresponding implementing and delegated acts enacted in accordance with this Regulation, since the transition to zero and low-emission vehicles will be longera major technological challenge requiring additional lead time for heavy -duty vehicles.
Amendment 55 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes common technical requirements and administrative provisions for the emission type-approval and market surveillance of motor vehicles, systems, components and separate technical units, with regard to their CO2 and pollutant emissions, fuel and electric energy consumption and battery durability.
Amendment 56 #
2022/0365(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. For the purposes of emission type- approval and market surveillance of newly manufactured tyres, the technical requirements and administrative provisions laid down in this Regulation must be taken into account in conjunction with the tyre technical requirements and administrative provisions of the General Safety Regulation (EU) 2019/2144.
Amendment 58 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 2
Article 3 – paragraph 2 – point 2
(2) ‘initial emission type approval’ or ‘IETA’ means the first phase of an emission type approval procedure before the emission type approval certificate is granted by the authorities and vehicles, separate technical units or components are put into production;
Amendment 59 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 4
Article 3 – paragraph 2 – point 4
(4) ‘in-service conformity’ or ‘ISC’ means the activities carried out on vehicles separate technical units or components in circulation with the purpose of verifying the durability requirements set out in this Regulation;
Amendment 60 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 5
Article 3 – paragraph 2 – point 5
(5) ‘engine’ means the propulsion source of an internal combustion engine vehicle (ICEV);
Amendment 62 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 9
Article 3 – paragraph 2 – point 9
(9) ‘CO2 emissions’ or ‘CO2’ means the emission of carbon dioxide from the tailpipe of the motor vehicle or engine;
Amendment 63 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 10
Article 3 – paragraph 2 – point 10
(10) ‘nitrogen oxides’ or ‘NOx’ means the sum of the oxides of nitrogenNO and NO2 emitted from the tailpipe;
Amendment 64 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) ‘particulate matter’ or ‘PM’ means any material emitted from the tailpipe or the brakes and collected on a filter media in accordance with the procedure prescribed in this Regulation; ;
Amendment 65 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 14
Article 3 – paragraph 2 – point 14
(14) ‘10 nm particle number above 10 nm’ or ‘PN10’ means the total number of solid particles emitted from the tailpipe or the brakes that have a diameter larger or equal than, measured according to the provisions of this Regulation, with a nominal cut-off size at 10 nm;
Amendment 67 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 24
Article 3 – paragraph 2 – point 24
(24) ‘vehicle energy consumption calculation tool’ or ‘VECTO’ means a simulation tool used for determining CO2 emissions, fuel consumption, electric energy consumption and the electric range from heavy -duty vehicles; ‘energy consumption’ means the consumption of electric energy from each and all propulsion sources within a vehicle;
Amendment 68 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 29
Article 3 – paragraph 2 – point 29
Amendment 71 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 34
Article 3 – paragraph 2 – point 34
(34) ‘original pollution control systems’ means a pollution control system or an assembly of such systems covered by the type-approval granted for the vehicle concerned and installed on the vehicle at the time of its initial registration;
Amendment 74 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 36
Article 3 – paragraph 2 – point 36
Amendment 75 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37
Article 3 – paragraph 2 – point 37
(37) ‘on-board diagnostic system’ or ‘OBD’ means a system that can generate vehicle on-board diagnostic (OBD) information, as defined in Article 3, point 49, of Regulation (EU) 2018/858 and is capable of communicating that information via the OBD port and ovin the context of this Regulation, a system on-board the vehicle that can detect malfunctions in the monitored emission control systems, identify the probable cause of the malfunction using fault codes stored in the computer memory, and illuminate the Malfunction Indicator (MI) to alert the aivehicle operator;
Amendment 76 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 37 a (new)
Article 3 – paragraph 2 – point 37 a (new)
(37 a) ‘vehicle on-board diagnostic (OBD) information’ means the information generated by a system that is on-board a vehicle or that is connected to an engine, and that is capable of detecting a malfunction, and, where applicable, is capable of signalling its occurrence by means of an alert system, it can also identify the probable cause of the malfunction by means of information stored in a computer memory, and is capable of communicating that information optionally off-board;
Amendment 78 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 38
Article 3 – paragraph 2 – point 38
(38) ‘on-board monitoring system’ or ‘OBM’ means a system on board a vehicle that is capable of detecting either emission exceedances or when a vehicle is in zero emission mode if applicable, and capable of indicating the occurrence of such exceedances by means of information stored in the vehicle, and of communicating thatmonitoring emissions while taking into account the tolerance of OBM measurements and delivering information via the OBD port and, optionally, over the air;
Amendment 79 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 40
Article 3 – paragraph 2 – point 40
(40) ‘defeat device’ means any software or hardware that senses temperature, vehicle speed, engine speed , transmission gear, manifold vacuum or any other parameter to activate, mod design component that allows a vehicle to appear compliant during testing but not during normal driving conditions, or manipulate,s delay or deactivata related the operation of any part of the pollution control system, with the purpose of reduco sensors, fuel/energy consumption, electric range, or battery durability, resulting in the effectiveness of the pollution control system when the vehicle is drivenvehicle not meeting regulatory requirements when driven outside of testing conditions;
Amendment 83 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 44
Article 3 – paragraph 2 – point 44
(44) ‘tampering’ means the inactivatreal driving emission,s’ or modification by the economic operators or independent operators, of the engine, vehicle pollution control device and system, propulsion system, traction battery, odometer, OBFCM or OBD/OBM, including any software or other logical control elements of those systems and their data;‘RDE’ means the emissions of a vehicle under normal driving conditions and maximum one of the extended conditions at the same time as specified in Tables 1 and 2 of Annex III and Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011
Amendment 84 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 57 a (new)
Article 3 – paragraph 2 – point 57 a (new)
(57 a) (57a) ‘CO2 neutral fuel’ means a renewable and/or synthetic fuels as defined in Directive (EU) 2018/2001, which include biofuels, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin (RFNBO), or Recycled Carbon Fuel (RCF). Such fuels have net-zero CO2 emissions during use, indicating that the CO2 equivalent of the carbon contained in the fuel's chemical composition is biogenic in origin or has been prevented from being released into the atmosphere. Any other renewable and/or synthetic fuels that satisfy the above conditions and the sustainability criteria of Directive (EU) 2018/2001 and associated delegated acts may also fulfil this definition.
Amendment 85 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 57 b (new)
Article 3 – paragraph 2 – point 57 b (new)
(57 b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 neutral fuels;
Amendment 87 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 67
Article 3 – paragraph 2 – point 67
(67) ‘zero-emission range’ means the maximum distance a zero-emission vehicle can travelvehicle can travel in zero-emission mode when driving the appropriate cycle in this Regulation until the traction battery or fuel tank is depleted, which for PEVs corresponds to the electric range;
Amendment 90 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 71
Article 3 – paragraph 2 – point 71
Amendment 92 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 77
Article 3 – paragraph 2 – point 77
Amendment 94 #
2022/0365(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 78
Article 3 – paragraph 2 – point 78
Amendment 95 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Manufacturers shall ensure that the new vehicles they manufacture, which are sold, registered or put into service in the Union, are type approved in accordance with this Regulation. MFrom the specific application dates described in this Regulation, manufacturers shall ensure that the new components or separate technical units, including engines, traction batteries, brake emission systems and replacement pollution control systems requiring type- approval which they manufacture and which are sold or put into service in the Union are type approved in accordance with this Regulation .
Amendment 100 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
When verifying compliance with the exhaust emission limits, where the testing is performed in maximum one of the extended driving conditions at the same time, the emissions shall be divided by the extended driving divider set out in Annex III, Article 4 of Regulation (EC) 595/2009 and Annex II of Regulation (EU) 582/2011.
Amendment 111 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point g
Article 4 – paragraph 6 – point g
(g) devices communicating vehicle generated data together with the approval number and type approval variant used for compliance with this regulation and OBFCM data, for the purpose of periodic roadworthiness tests and technical roadside inspection over the air, optionally, and for the purposes of communicating with recharging infrastructure and stationary power systems capable of supporting smart and bidirectional charging functionalities. and also for the provision of third-party services to the vehicle user in order to improve vehicle usage, reduce energy consumption and emissions, or extend the lifespan of its battery during use.
Amendment 117 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The manufacturer shall take measures to prevent the possibility of exploiting vulnerabilities referred to in paragraph 7. When such a vulnerability is found, the manufacturer shall remove the vulnerability, by software update or any other appropriate means to the fullest extent possible based on the best available knowledge at the time of type approval.
Amendment 119 #
2022/0365(COD)
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 125 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Manufacturers may designate vehicles of category M1 and N1 as “Euro 7G vehicle” where those vehicles are equipped with internal combustion engines with geofencing technologies. The manufacturer shall install a driver warning system on those vehicles to inform the user when the traction batteries are nearly empty and to stop the vehicle if not charged within 5 km from the first warning while on zero- emission mode. The application of such geofencing technologies may be verified during the lifetime of the vehicle.
Amendment 126 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Manufacturers shall have the option to designate vehicles as "Euro 7 NF vehicles" if they are powered by CO2- neutral fuels, as defined in Article 3. This applies to vehicles that run solely on CO2- neutral fuels or a blend of conventional and CO2-neutral fuels, throughout their lifetime. If a vehicle exclusively uses CO2- neutral fuels, the CO2 emissions will be deemed as zero for the purposes of Regulation (EU) 2023/851 and the pending Regulation on CO2 emission standards for heavy duty vehicles.
Amendment 127 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 131 #
2022/0365(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 132 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 134 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Manufacturers shall ensure thate design and functionality of OBFCM, OBD and OBM devices and anti- tampering measures installed in these vehicles comply with the provisions of this Regulationremain unaltered as long as the vehicle is in use.
Amendment 144 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
Amendment 151 #
2022/0365(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 157 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 161 #
2022/0365(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 163 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 165 #
2022/0365(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 171 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M1, N1 vehicles, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 173 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. With effect from 1 July 202548 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M1, N1 vehicles which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 176 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4 a. With effect from 48 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, national approval authorities shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption or battery durability, in the case of new types of M2, M3, N2, N3 vehicles and new O3, O4 trailers, refuse to grant EU emission type-approval or national emission type-approval which do not comply with this Regulation.
Amendment 179 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. With effect from 1 July 202760 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, national authorities shall, in the case of new M2, M3, N2, N3 vehicles and new O3, O4 trailers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into servrefuse to grant EU emission type-approval or national type-approval, with respect to new engine or vehicle of such vehiclesr trailer types, which do not comply with this Regulation.
Amendment 184 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. With effect from 1 July 20315, national authorities shall, in the case of new M2, M3, N2, N3 vehicles constructed by small volume manufacturers, which do not comply with this Regulation consider certificates of conformity to be no longer valid for the purposes of registration and shall, on grounds relating to CO2 and pollutant emissions, fuel and electric energy consumption, energy efficiency or battery durability, prohibit the registration, sale or entry into service of such vehicles.
Amendment 185 #
2022/0365(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 186 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 202536 months after the entry into force of all implementing or delegated acts relevant to the vehicle category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M1, N1 vehicle approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not of type approved in compliance with this Regulation.
Amendment 188 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. With effect from 1 July 202748 months after the entry into force of all implementing or delegated acts relevant to the engine, vehicle or trailer category in question, and according to the specific provisions for systems, components, and separate technical units, the sale or installation of a system, component or separate technical unit intended to be fitted on an M2, M3, N2, N3 vehicle and O3, O4 trailers approved under this Regulation, shall be prohibited if the system, component and separate technical unit is not type approved in compliance with this Regulation.
Amendment 191 #
2022/0365(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. National approval authorities may continue to grant extensions, to EU emissionWith effect from 24 months after adoption of the delegated act on the approval of C1 tyres as regards abrasion emissions aligning with the limits established in UN WP29, national authorities shall refuse, to grant component/separate technical unit type- approvals of replacement pollution control systems granted before in respect of new types of tyre that do not comply with this rRegulation applies under the terms which applind its implementing and delegated acts. With effect from 36 months after adoption of the delegated act on the time of the initial emission type-approval. National authorities shall prohibit the sale or installation on a vehicle of such replacement pollution control systems unless they are type approvedapproval of C1 tyres as regards abrasion emissions aligning with those established in UN WP29, national authorities shall refuse to grant type approval or national EC type approval in respect of new C1 tyres which do not comply with this Regulation and its implementing and delegated acts. C1 tyres that were manufactured prior to the dates set out in this paragraph and which do not comply with the requirements of this Regulation may be sold for a period not exceeding 24 months from those dates. The UN will subsequently develop an appropriate test method and limits for tyre abrasion performance to be applied to C2 and C3 tyres, which shall be incorporated into this Regulation by means of delegated acts in accordance with Article 16.
Amendment 194 #
2022/0365(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. National authorities shall, during in-service conformity or market surveillance checks, verify whether manufacturers of vehicles have correctly installed excess exhaust emissions driver warning systems, verify the quality of the reagent, low-reagent driver warning systems and whether vehicles can be tampered.
Amendment 221 #
2022/0365(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1 – point t
Article 14 – paragraph 4 – subparagraph 1 – point t
Amendment 227 #
2022/0365(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated actsFollowing completion of the work on tyre abrasion in the common GRBP/GRPE Task Force on Tyre Abrasion conducted under the authority of the UN WP29, the Commission shall be empowered to adopt delegated acts, no later than 18 months following the date of receipt of the UN WP29 limits, including a comprehensive scrutiny process, to supplement this Regulation in accordance with Article 16 in order to take into account technical progress by:
Amendment 229 #
2022/0365(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By 1 September 2031No later than 60 months after the entry into force of this regulation, on the basis of the information supplied in accordance with paragraph 1, the Commission shall submit to the European Parliament and to the Council an evaluation report on the application of this Regulation.
Amendment 231 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Regulation (EC) 715/2007 is repealed with effect from 1 July 2025.35
Amendment 232 #
2022/0365(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Regulation (EC) 595/2009 is repealed with effect from 1 July 202735.
Amendment 236 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
It shall apply from 1 July 20325 for M1, N1 vehicles and components and separate technical units for those vehicles and from 1 July 2027 for M2, M3, N2, N3 vehicles and components and separate technical units for those vehicles and O3, O4 trailers.
Amendment 242 #
2022/0365(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
It shall apply from 1 July 20302 for M1, N1 vehicles constructed by small volume manufacturers.
Amendment 248 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 1 – Row 1
Annex II – Table 1 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 80% 70% PEV 80% 70%
Amendment 250 #
2022/0365(COD)
Proposal for a regulation
Annex II – Table 2 – Row 1
Annex II – Table 2 – Row 1
Battery energy Start of life to 5 Vehicles more Start of life to 8 Vehicles up to based MPR years or 100 000 than 5 years or 160 000 additional km whichever 100 000 km, and lifetime* comes first up to whichever comes first of 8 years or 160 000 km km whichever lifetime* comes first OVC-HEV 75% 65% PEV 75% 65%
Amendment 8 #
2022/0337(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to monitor the progress of each individual emergency and recovery operation supported by the EUSF, including total expenditures, amount of financial assistance already spent and photos of the state before its commencement and after its finalisation, on a dedicated website available to general public;
Amendment 69 #
2022/0302(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order not to hamper innovation, liability for defective products should not apply to damage arising from free and open-source software, standalone software and to new innovative software.
Amendment 95 #
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 of data, such as content deleted from a hard drive, should also be compensated, including the cost of recovering or restoring the data. As a result, tThe 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 of data. Nevertheless, c. 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 Council43 and 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 is not affected by this Directive.
Amendment 97 #
2022/0302(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 104 #
2022/0302(COD)
Proposal for a directive
Recital 18
Recital 18
(18) While Member States should provide full and proper compensation for all material losses resulting from death, or personal injury, or damage to or destruction of property and data loss or corruption, 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 136 #
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 sometimes undermine the fair apportionment of risk, in particular in cases involving technical or scientific complexity.
Amendment 140 #
2022/0302(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In respect of trade secrets within the meaning of Directive (EU) 2016/943 of the European Parliament and of the Council48, national courts should be empowered to take specific measures to ensure the confidentiality of trade secrets during and after the proceedings, while achieving a fair and proportionate balance between the interest of the trade-secret holder to secrecy and the interest of the injured person. This should include at least measures to restrict access to documents containing trade secrets or alleged trade secrets and access to hearings to a limited number of people, or allowing access to redacted documents or transcripts of hearings. When deciding on such measures, national courts should take into account: (i) the need to ensure the right to an effective remedy and to a fair trial; (ii) the legitimate interests, including the amount of damage, of the parties and, where appropriate, of third parties; and (iii) any highly potential serious harm for either of the parties, and, where appropriate, for third parties, resulting from the granting or rejection of such measures. _________________ 48 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 145 #
2022/0302(COD)
Proposal for a directive
Recital 33
Recital 33
(33) It is also necessary to alleviate the claimant’s burden of proof provided that certain conditions are fulfilled. Rebuttable presumptions of fact are a common mechanism for alleviating a claimant’s evidential difficulties, and allow a court to base the existence of defectiveness or causal link on the presence of another fact that has been proven, while preserving the rights of the defendant. In order to provide an incentive to comply with the obligation to disclose information, national courts should presume the defectiveness of a product where a defendant fails to comply with such an obligation. Many legislative and mandatory safety requirements have been adopted in order to protect consumers and the public from the risk of harm. In order to reinforce the close relationship between product safety rules and liability rules, non-compliance with such requirements should also result in a presumption of defectiveness. This includes cases in which a product is not equipped with the means to log information about the operation of the product as required under Union or national law. The same should apply in the case of obvious malfunction, such as a glass bottle that explodes in the course of normal use, since it is unnecessarily burdensome to require a claimant to prove defectiveness when the circumstances are such that its existence is undisputed.
Amendment 150 #
2022/0302(COD)
Proposal for a directive
Recital 34
Recital 34
(34) National courts should also presume the defectiveness of a product or the causal link between the damage and the defectiveness, or both, where, notwithstanding the defendant’s disclosure of information, it would be excessively difficult for the claimant, in light of the technical or scientific complexity of the case, to prove its defectiveness or the causal link, or both. In such cases, requiring proof would undermine the effectiveness of the right to compensation. Therefore, gGiven that manufacturers have expert knowledge and are better informed than the injured person, it should be for them to rebut the presumption. Technical or scientific complexity should be determined by national courts on a case- by-case basis, taking into account various factors. Those factors should include the complex nature of the product, such as an innovative medical device; the complex nature of the technology used, such as machine learning; the complex nature of the information and data to be analysed by the claimant; and the complex nature of the causal link, such as a link between a pharmaceutical or food product and the onset of a health condition, or a link that, in order to be proven, would require the claimant to explain the inner workings of an AI system. The assessment of excessive difficulties should also be made by national courts on a case-by-case basis. While a claimant should provide arguments to demonstrate excessive difficulties, proof of such difficulties should not be required. For example, in a claim concerning an AI system, the claimant should, for the court to decide that excessive difficulties exist, neither be required to explain the AI system’s specific characteristics nor how these characteristics make it harder to establish the causal link. The defendant should have the possibility to contest the existence of excessive difficulties.
Amendment 154 #
2022/0302(COD)
Proposal for a directive
Recital 35
Recital 35
(35) In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should nevertheless, in order to benefit from the presumption, be required to demonstrate, on the basis of sufficiently relevant evidence, that it is likely that, where the claimant’s difficulties relate to proving defectiveness, the product was defective, or that, where the claimant’s difficulties relate to proving the causal link, its defectiveness is a very likely cause of the damage.
Amendment 168 #
2022/0302(COD)
Proposal for a directive
Recital 42
Recital 42
Amendment 173 #
2022/0302(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Since substantially modified products are essentially new products,may be in some cases considered new products, in such cases the limitation period should restart after a product has been substantially modified, for example as a result of remanufacturing, that modify a product in such a way that its compliance with the applicable safety requirements may be affected. The product should be considered substantially modified in case it is labelled as such.
Amendment 183 #
2022/0302(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to products placed on the market or put into service after [OP, please insert the date: 124 months after entry into force].
Amendment 187 #
2022/0302(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall not apply to damage arising from standalone software and free and open-source software developed or supplied outside the course of a commercial activity.
Amendment 197 #
2022/0302(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Where another Union act governing specific product contains rules on the liability for damage caused by defective products, only the rules of that Union act shall apply to those specific products, unless provided otherwise in that act. In that case, this Directive shall not apply.
Amendment 198 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘product’ means all movables, even if integrated into another movable or into an immovable. ‘Product’ includes electricity, digital manufacturing files and softwareany software embedded into the product, open-source software developed or supplied outside the course of a commercial activity shall not be considered as product;
Amendment 202 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
(1a) ‘Software’ means the part of an electronic information system which consists of computer code which is a part of other product, excluding open-source software, application programming interfaces and software development kits;
Amendment 205 #
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 including embedded software or software intended as a safety component of a product, or any related service, that is integrated into, or inter-connected with, a product by the manufacturer of that product or within that manufacturer’s control;
Amendment 210 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3a) ‘safety component of a product’ means a component of a product which fulfils a safety function for that product or the failure or malfunctioning of which endangers the health and safety of persons or property;
Amendment 214 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) ‘related service’ means a digital service that is integrated into, or inter- connected with, a product in such a way that its absence would prevent the product from performing one or more of its core functions;
Amendment 218 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘manufacturer’s control’ means that the manufacturer of a product explicitly authorises a) the integration, inter- connection or supply by a third party of a component including the specific software updates or upgrades, or b) the modification of the product;
Amendment 223 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a
Article 4 – paragraph 1 – point 6 – point a
(a) death or personal injury, including medically recognised harm to psychological health;
Amendment 226 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point a
Article 4 – paragraph 1 – point 6 – point a
(a) death or personal injury, includingwith the exception of medically recognised harm to psychological health;
Amendment 227 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point b – introductory part
Article 4 – paragraph 1 – point 6 – point b – introductory part
(b) harmdamage to, or destruction of, any property with a lower threshold of 500 EUR, except:
Amendment 230 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – point c
Article 4 – paragraph 1 – point 6 – point c
Amendment 237 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6 a (new)
Article 4 – paragraph 1 – point 6 a (new)
Amendment 245 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(11) ‘manufacturer’ means any natural or legal person who deveplopys, manufactures or produces a product or has a product designed or manufactured, or who markets that product under its name or trademark or who deveplopys, manufactures or produces a product for its own use;
Amendment 247 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 11 a (new)
Article 4 – paragraph 1 – point 11 a (new)
(11a) “software deployer” – is a natural or legal person taking a decision to deploy the software with a concrete functionality and characteristics and puts it into use;
Amendment 255 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
Article 4 – paragraph 1 – point 17 a (new)
(17a) ‘trade secret’ means trade secret as defined in Article 2, point (1), of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure;
Amendment 260 #
2022/0302(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)
Article 4 – paragraph 1 – point 17 b (new)
(17b) ‘obvious malfunction’ means a self-evident, indisputable and easily recognisable failure to operate or function in the normal or correct manner :
Amendment 277 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the reasonably foreseeable use and misuse ofintended use the product;
Amendment 282 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the effect on the product of any ability to continue to learn after deploymentits placement on the market or service;
Amendment 283 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 287 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 293 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
Amendment 301 #
2022/0302(COD)
1a. A product shall be considered defective when it does not comply with mandatory safety-relevant cybersecurity requirements under EU or national law.
Amendment 303 #
2022/0302(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A product or related service shall not be considered defective if: (a) an integrated software contains bugs, glitches or flaws of a type that the public at large should expect; or (b) software updates or upgrades are issued for the product or related service.
Amendment 314 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 321 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Any natural or legal person that modifies a product that has already been placed on the market or put into service shall be considered a manufacturer of the product for the purposes of paragraph 1, where the modification is considered substantial under relevant Union or national rules on product safety and is undertaken outside the original manufacturer’s control or not carried out on behalf of the manufacturer and where the product is labelled as substantially modified by any person that modifies a product.
Amendment 327 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. Member States shall ensure that where a manufacturer under paragraph 1 cannot be identified or, where the manufacturer is established outside the Union, an economic operator under paragraph 2 or 3 cannot be identified, each distributor of the product can be held liable where:
Amendment 334 #
2022/0302(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Paragraph 5 shall also apply to any fulfilment service provider and to any provider of an online platform that allows consumers to conclude distance contracts with traders and that is not a manufacturer, importer or distributor , provided that the conditions of Article 6(3) set out in Regulation (EU)…/… of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act)55are fulfilled. _________________ 55 +OP: Please insert in the text the number of the Directive contained in document PE-CONS 30/22 (2020/0361(COD)) and insert the number, date, title and OJ reference of that Directive in the footnote 2022/2065 are fulfilled and it has failed to comply with Article 20(5) of Regulation (EU) …… the General Product Safety Regulation.
Amendment 338 #
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 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, to order the defendant to disclose relevant non-confidential evidence that is at its disposal in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality. The Member States shall ensure that the defendant shall not disclose source code.
Amendment 347 #
2022/0302(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. When determining whether the disclosure is proportionate, national courts shall consider the legitimate interests of all parties, including third parties concerned, in particular in relation to the protection of confidential information and trade secrets within the meaning of Article 2, point 1, of Directive (EU) 2016/943 , the extent to which the claim or defence is supported by available facts and evidence; (b) the scope and cost of disclosure. The Member State shall ensure preventing non-specific searches for information which is unlikely to be of relevance for the parties in the Claim.
Amendment 352 #
2022/0302(COD)
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Member States shall ensure that those from whom disclosure is sought are provided with an opportunity to be heard before disclosure.
Amendment 361 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 369 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) the claimant establishes that the damage was caused by an obvious malfunction of the product during normalintended use or under ordinary circumstances.
Amendment 371 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The defectiveness of the product shall not be presumed if the defendant demonstrates that sufficient evidence and expertise is accessible for the claimant to prove the defectiveness of the product, the causal link between the defectiveness and the damage, or both.
Amendment 379 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Where a national court judges that the claimant faces excessive difficulties, due to demonstrably technical or scientific complexity, to prove the defectiveness of the product or the causal link between its defectiveness and the damage, or both, in case of substantially high damage and the particularly vulnerable situation of the claimant, the defectiveness of the product or causal link between its defectiveness and the damage, or both, shall be presumed where the claimant has demonstrated, on the basis of sufficiently relevant evidence, that:
Amendment 384 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) the product contributed to the severe damage; and
Amendment 388 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) it is very likely that the product was defective or that its defectiveness is a very likely cause of the damage, or both.
Amendment 391 #
2022/0302(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Article 9(4) shall only apply to high-risk AI-systems under the [Directive (EU) …../….. AI Act].
Amendment 404 #
2022/0302(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g a (new)
Article 10 – paragraph 1 – point g a (new)
(ga) the defectiveness of the product was caused by the user not installing a software update or an upgrade supplied by the manufacturer.
Amendment 412 #
2022/0302(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article10a Manifestly unfounded cases Member States shall ensure that courts or administrative authorities are able to dismiss manifestly unfounded cases at the earliest possible stage of the proceedings in accordance with national law and that the claimant of manifestly unfounded cases could be held liable for damages including the reputational risks associated with dissemination of unfounded information.
Amendment 426 #
2022/0302(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. With the exception of claims relating to software update or upgrade and related services which does not amount to a substantial modification, 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 10 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 433 #
2022/0302(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By way of exception from paragraph 2, where an injured person has with all due care not been able to initiate proceedings within 10 years due to the latency of a personal injury, the rights conferred upon the injured person pursuant to this Directive shall be extinguished upon the expiry of a limitation period of 15 years.
Amendment 435 #
2022/0302(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Any Member State may provide that a producer's total liability for damage resulting from a death or personal injury and caused by identical items with the same defect shall be limited to an amount which may not be less than 70 million EUR.
Amendment 437 #
2022/0302(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall publish, in an easily accessible, anonymised and electronic format, any final judgment delivered by their national courts in relation to proceedings launched pursuant to this Directive as well as other relevant final judgments on product liability. The publication shall be made without delay upon notification of the full written judgment to the parties.
Amendment 443 #
2022/0302(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
The Commission shall by [OP, please insert the date: 68 years after the date of entry into force of this Directive], and every 5 years thereafter, review the application of this Directive and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee, including information about a) the total number or qualified estimation of claims, divided into categories: number of successful, settled and dismissed successful or qualified estimation; b) the total number or qualified estimation of economic operators claimed for defective products divided by their type or qualified estimation ; c) average costs of the claims for different types of economic operators, including persons performing remanufacturing, refurbishment and report to the European Parliament, to the Council and to the European Economic and Social Committee. air; d) the costs of this Directive for economic operators as a percentage of operation costs; e) net benefit of this Directive or its qualified estimation for consumers; f) impact of this Directive on the insurance premiums; g) availability of insurance and other products to cover risks of economic operators in relation to this Directive; h) whether the requirements set out in Articles 8 remain appropriate to pursue the objectives of this Directive and to protect legitimate interests of economic operators; i) comparison of the protection given by this directive with other OECD countries / world leading economies.
Amendment 445 #
2022/0302(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall clearly specify each methodology used for calculation of any used qualified estimation. The Commission shall gather information for this report without broadening reporting obligation for economic operators using information from all relevant and reliable sources, including European institutions, national competent authorities or internationally recognised bodies and organisations.
Amendment 446 #
2022/0302(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Directive 85/374/EEC is repealed with effect from [OP, please insert the date: 124 months after the date of entry into force of this Directive]. However, it shall continue to apply with regard to products placed on the market or put into service before that date.
Amendment 447 #
2022/0302(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP, please insert the date: 124 months after entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 276 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal (The proposal is inconsistent with the principles of subsidiarity and proportionality.)
Amendment 284 #
2022/0196(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty requires a high level of protection of human health and of the environment to be ensured in the definition and the implementation of all Union policies and activities and provides that Union policy on the environment is to aim at a high level of protection. The precautionary principle is set out in Article 191 of the Treaty, acknowledging that is already taken into account in of the authorisation procedure.
Amendment 319 #
2022/0196(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Commission Communication entitled ‘the European Green Deal’47 set out a roadmap of key measures, including legislative, to significantly reduce the use and risk of chemical pesticides. In the Farm to Fork Strategy48 , EU Biodiversity Strategy for 203049 and the Zero Pollution Action Plan50 , the Commission committed to take action to reduce by 50% the overall use and risk from chemical pesticides by 2030 and reduce by 50% the use of more hazardous pesticides (plant protection products containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council51 and listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/201152 , or containing one or more active substances listed in the Annex to Commission Implementing Regulation (EU) 2015/40853 ) by 2030. The sustainable use of plant protection products is also complementary to the promotion of organic farming and achieving the Farm to Fork Strategy target of at least 25% of the Union’s agricultural land under organic farming by 2030. It supports the objectives of the EU strategic framework on health and safety at work54 and thereby contributes to the implementation of principle 10 of the European Pillar of Social Rights on a healthy, safe and well- adapted work environment. As plant breeding and seed production contribute to the overall reduction targets, through the marketing of resistant varieties and the supply of healthy seeds to the market, the above mentioned activities are exempt from the overall reduction targets. __________________ 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM/2019/640 final. 48 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM/2020/381 final. 49 Communication from the Commission to the European Parliament the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final. 50 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil', COM(2021) 400 final. 51 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 52 Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1). 53 Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ L 67, 12.3.2015, p. 18). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategic framework on health and safety at work 2021-2027 Occupational safety and health in a changing world of work, COM/2021/323 final.
Amendment 338 #
2022/0196(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 342 #
2022/0196(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In their latest advice about the ECI “Save bees and farmers”, the EESC points out that many legislative acts are being prepared or have already been adopted by the Commission in favour of bees, pollinators, biodiversity, the sustainable use of pesticides, and support for farmers in the agro-ecological transition. It recognises, however, that these measures have not fully achieved their objectives. It therefore calls on the Commission to take additional measures to achieve its ambitious objectives more effectively in practice. For example, it recommends stronger support for precision agriculture, digital agriculture, biological control, and robotics, as well as agro-ecology. The EESC stresses the need to take into account all three pillars of sustainability (environmental, social and economic), without neglecting the economic situation, which is often overlooked, in an essential context of systemic sustainability and food sovereignty The EESC also calls on the Commission to carry out impact assessments before taking any decision, in order to assess, in particular, the costs of the initiative for agricultural production and the economy, compared to the financial cost of biodiversity loss for farmers.
Amendment 356 #
2022/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are a sustainable controlis one type of alternative to the use of chemical products, to combine with other solutions like agronomic practices, genetics, innovative agricultural equipment, etc. for the control of harmful organisms. As noted in Council Decision (EU) 2021/110257 , biological control agents have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and both organic, high-technological and conventional farming. Access to biological controls would facilitates moving away from chemical plant protection products and apply them as a last resort following the Integrated Pest Management (IPM) principles, including reduced use through precision farming techniques. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. It is therefore appropriate to define the concept of biological control as a basis for Member States to set indicative targets to increase the percentage of crops on which biological control agents are used. __________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
Amendment 379 #
2022/0196(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the European Commission presented the Green Deal, including the Farm to Fork Strategy in May 2020, numerous impact assessments have been conducted in order to measure the impact of the Commission proposals on European agriculture and food security in the Union. One of these studies, conducted by Wageningen University and Research, found that the proposed targets could lead to an average production decline of up to 20%12a. __________________ 12a https://www.wur.nl/en/research- results/research-institutes/economic- research/show-wecr/green-deal-probably- leads-to-lower-agricultural-yields.htm
Amendment 380 #
2022/0196(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
Amendment 384 #
2022/0196(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibilityadaptation to farm realities in their National Strategic Plans when setting their own binguiding national targetreduction ambitions (“national 2030 reduction targets”). Intensity of use isand risk should best measured by dividing the total quantity of active substances placedthrough a scientifically justified formula, taking into account the particular conditions onf the mfarket, and therefore used, in the form of plant protems (e.g., technical and mechanical solutions to reduce risk should be taken into account; for closed farming systems, the impacti on products in a particular Member State by the surface area over which the active substances wethe environment is much lower and not related to sales, etc.) and the Member States (e.g., geography, climate, production methods, IPM measures applied. Intensity in th jointly with the possible use of csynthemtical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sust when needed) and developing comparable usage indicators that would not rely on adaptation of sales data but on usage per unit of harvested product. Intensity in the use of synthetic and/or hazardous pesticides may depend on the avainlable farming pracility of alternaticves. It is therefore appropriate to allow Member States to take their lower intensity of or low-risk products and tools to be used instead. Availability of suitable alternatives allows farmers to use of csynthemtical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use of cas a last recourse following IPM principles. It is therefore appropriate to allow Member States to consider both the availability in the market of synthemtical pesticides than the Union average into account in sett, low-risk and non-synthetic tools for plant protection when designing their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of csynthemtical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity and risk of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. TMember States territories, including the EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high expo, should be allowed to take into account the specific needs of their different regions as regards the use of plant protection products and measures to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and cropailored to specific climatic conditions and crops. In some particular regions, tailored- measures should be further developed to cope with problems derived from remoteness, insularity and/or high exposure to climate change. This should allow a case-by-case decision-making process regarding the level of pesticide reduction targets in both EU continental and outermost regions. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of csynthemtical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 403 #
2022/0196(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In its Staff Working Document on the Drivers of Food Security, the European Commission acknowledges that “Soil, water, biodiversity, and air are basic requirements for food production” and confirms how availability and access to food for consumers at reasonable prices are objectives that cannot be taken for granted.
Amendment 473 #
2022/0196(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) An approach to pest control that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest control mechanisms and uses chemical control only when all other control means are exhausted. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection products should only be used when there are no viable alternatives or all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors. These records are also required for aerial applications.
Amendment 505 #
2022/0196(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) UImproper use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 , such as parks or urban areas and sports and leisure facilities, urban areas covered by a watercourse or water feature, to be defined at a case-by-case basis considering the particular conditions of each Member State. If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 3 metres of such areas, should therefore be prohibited. Derogations from the prohibition should only be allowed under certain conditions and on a case-by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliaor 1 meter when efficient drift control nozzles are used, should therefore be prohibited. If a physical buffer zone is already present, no addition buffer zones are needed. Exemptions and derogations from the prohibition should be foreseen for cases where the use of PPPs contributes to the achievement and of the Council of 30 November 2009overall objectives onf the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 68 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)is Regulation, e.g. the use of PPPs in plant breeding and seed production to assure the supply of healthy commercial seed for farmers and growers compliant with EU Regulation 2016/2031 and specific standards laid down in the EU seed marketing legislation.
Amendment 584 #
2022/0196(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Statistical data on plant protection products collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 should be used in calculating these harmonised risk indicators based on real use of pesticides and progress towards achieving binguiding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuationt least a ten year timespan should be considered to see the real usage trends in use of pesticides. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 2030 reduction targets is 2015–, therefore, 2011 – 20173, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategyin order to fully reflect and respect the achievements already made by European farmers. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 598 #
2022/0196(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plantThe EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors such as decrease in livestock proteduction granted under Regulation (EC) No 1107/2009. Those statistics are used inor a deviation from the principles of the calirculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 2030 reduction targets and national 2030 reduction targets bar economy, driven by the incorrect or redundant use of plant protection products. It is therefore essential to ensure that plant protection products are used oin the Farm to Fork Strategy. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquantify the risks arising from authorisations for emergency situations in plant protectionc environment and sensitive areas.
Amendment 654 #
2022/0196(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The implementation of this Regulation by Member States will result in new and enhanced obligations for farmers and other pesticides users. Some of them constitute statutory management requirements and standards of good agricultural and environmental conditions of land as listed in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council78 , which, in accordance with that Regulation, farmers must comply with to receive CAP payments, whereas other requirements, which go beyond the baseline of mandatory requirements, may be rewarded with additional payments under voluntary regimes like eco-schemes pursuant to Article 31 of Regulation (EU) 2021/2115. Article 31(5), points (a) and (b), and Article 70(3), points (a) and (b), of Regulation (EU) 2021/2115 provide that the CAP funding is only available for practices implemented under an eco- scheme or agri-environmental-climate commitment which go beyond the relevant statutory management requirements and the standards of good agricultural and environmental conditions of land established under that Regulation and the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law. Since farmers and other users need to be financially supported in theirThe transition towards a more sustainable use of pesticides, Regulation (EU) 2021/2115 needs to be amended to allow the financing of requirements imposed in accordance with this Regulation during a transitional period. This exceptionallant protection products, at EU and Member State level must be financed through the Just Transition Fund. This will guarantee an adequate transition in an appropriate time span, allowing for medium- and long-term alternatives to be developed and deployed. No CAP funding should be used in this context. The option for Member States to provide additional funding for measures taken in implementing this Regulation should apply to any obligation for farmers and other users resulting from the application of this Regulation, including compulsory farming practices imposed by the crop-specific rules for integrated pest management. Further, pursuant to Article 73(5) of Regulation (EU) 2021/2115, investments by farmers to comply with new requirements imposed by Union law may be supported for a maximum of 24 months from the date on which they become mandatory for the holding. Similarly, aA longer transition period should be set out for investments complying with requirements imposed on farmers in accordance with this Regugoing beyond the provisions set in the current legislation. and Regulation (EU) 2021/2115 should therefore be amended accordingly. __________________ 78 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1.
Amendment 2142 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 2150 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
Amendment 2153 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
Amendment 2162 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2164 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2175 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2183 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2190 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2288 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 2432 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2446 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) precision farming techniques, including use of seed treatments, space data and services;
Amendment 2548 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) use the central electronic register to receive and process third party entries regarding ownership, transfer of ownership, sale, withdrawal from use and return to use of application equipment in professional use, for recording and tracking purposes;
Amendment 2558 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
Where the designated competent authority does not carry out the inspection of application equipment in professional use, it shall designate one or more bodies to carry out such inspections, or develop a certification system to which inspection services must comply.
Amendment 2575 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The competent authority referred to in Article 30 or a body designated by it shall inspect application equipment in professional use every three years, starting from the date of first purchase. The competent authority shall ensure that there is sufficient staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycle. The competent authority may develop a certification system enabling a fast implementation of inspections by service organisations compliant with the certification.
Amendment 2594 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 2628 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point h
Article 33 – paragraph 2 – point h
(h) the nozzle type(s) present on the application equipment at the time of inspection, as well as any type of drift reduction equipment;
Amendment 2646 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targetcontributions and the two national 2030 reduction targets until and including 2030 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 2652 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targetcontributions annually until and including 2030 and publish those results on the website referred to in Article 7.
Amendment 2661 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 192 #
2022/0195(COD)
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2), Article 191 and Article 192(12b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0208/2022), (Justification - legal basis:1. This REGULATION proposal is in accordance with Article 192(2b) of TFEU, because measures of the proposal are affecting: town and country planning, quantitative management of water, resources, or affecting, directly or indirectly, the availability of those resource, agriculture land use and forestry matters. The form of DIRECTIVE (instead of Regulation) would better reflect existing the MSs’ national legislation and avoid unnecessary administrative burden. As DIRECTIVE proposal is in accordance with Article 192(1) of the Treaty on the Functioning of the European Union (TFEU). The proposal is not compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (for example: national forestry, and water plans, management, etc). 2. The proposal is NOT compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (f.e. national forestry and water plans, management, sources).)Or. en
Amendment 195 #
2022/0195(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(11 and Article 192(2b) thereof,
Amendment 319 #
2022/0195(COD)
(33) It is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, until the favourable reference areaconservation status for each habitat type is reached and, on at least 930 % at Member State level of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation statusby 2030, on at least 60 % by 2040, and for all Natura 2000 framework ecosystems by 2050.
Amendment 521 #
2022/0195(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the group of habitats, to update the information on the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the list of marine species tois to be done through a proper consultation of the relevant national experts, and in accordance with the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries 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-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 543 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of degraded ecosystems;
Amendment 550 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptationsustainable development, as well as food and energy security;
Amendment 579 #
2022/0195(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay,long-term effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
Amendment 593 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘ecosystem’ means a dynamic complex of plant, animal, and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populationsfunctional system of living and non-living components of the environment that are interconnected by the exchange of substances, the flow of energy and the transfer of information and that dynamically interact and evolve over space and time;
Amendment 594 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'degraded ecosystem' means an ecosystem that is significantly negatively affected by anthropogenic or non- anthtropogenic changes such as climate change, land use, nitrogen deposition, pollution and invasive alien species and others;
Amendment 600 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient qualitactions based on the science and the best available techniques taken to protect and sustainably mand quantity, or of species populations to satisfactory levelage natural or degraded ecosystems, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 620 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristicswhen: - population dynamics data on the species concerned indicate that it is maintaining itself ofn an ecosystem, namely its physical, chemical, compositional, structural and functional s long-term basis as a viable component of its natural habitates, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its- the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and - there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long- term maintenancebasis;
Amendment 639 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long- term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type;
Amendment 646 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
Amendment 652 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-contributes to a long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
Amendment 658 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘pollinator’ means a wildn animal whichthat transportsfer pollen from the anther of a plant to the stigma of a plant, enablingmale to the female parts of flowers, thus allowing plants to fertilisatione and the reproduction of seedse;
Amendment 719 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionfavourable status areas of habitat types listed in Annex I which are not in good conditionfavourable status. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good conditionfavourable status, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050 inside the Natura 2000 network.
Amendment 726 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 754 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved at favourable status.
Amendment 771 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account the all functions of ecosystems and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition and cost effectiveness.
Amendment 774 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 790 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the speciefavourable status is reached. Member States shall ensure that areas subject to restoration measures according to paragraphs 1 in which favourable status has been reached, do not deteriorate excluding force majeure.
Amendment 811 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur inside Natura 2000 do not deteriorate.
Amendment 893 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – point a
Article 4 – paragraph 9 – point a
(a) force majeure; including natural disasters;
Amendment 924 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 9 – subparagraph 2 (new)
Article 4 – paragraph 9 – subparagraph 2 (new)
Member States shall ensure that there is: (a) an increase of habitat area in favourable status for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; (b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.
Amendment 948 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionFollowing the development of a revised Union-wide methodology for the assessment of habitat types and species protected under Directive 92/43/EEC and Directive 2009/147/EC, Member States shall put in place appropriate and reasonable restoration measures inside the Natura 2000 network to improve favourable status areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30 % of the total area of each group ofthe habitat types listed in Annex II that isare not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050. .
Amendment 971 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. After the data on habitat types referred to in Article 19(8) has been made available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types, provided that re- establishment is possible under present climatic conditions, also provided that adequate and sufficient areas for re- establishment are available. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat typesof habitat types listed in Annex II, as quantified in the national restoration plan referred to in Article 12, by 20305, at least 60 % of that surface by 20405, and 1090 % of that surface by 20505.
Amendment 990 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall put in place the restoration measures inside Natura 2000 network for the marine habitats of species listed in Annex III and where deemed required for species in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are necessary in order to improve the quality and quantity of those habitats, including by re- establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achievedto reach favourable status.
Amendment 999 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account all functions of ecosystems, and the latest scientific evidence of the condition of the habitat types listed in Annex II, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3. Areas where the habitat types listed in Annex II are in unknown condition shall be considered as not being in good condition of this Article. Cost- effectiveness must also be taken into account when prioritising and allocating restoration measures.
Amendment 1009 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.
Amendment 1016 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 32 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. Member States shall ensure that a. Member States shall ensure that areas inside Natura 2000 areas subject to restoration measureas in which good condition has been reachedaccordance with paragraphs 1 and 2 in which the sufficient quality of the habitats of the speciesgood condition has been reached, do not deteriorate.
Amendment 1032 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex II occur inside Nature 2000 do not deteriorate.
Amendment 1065 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
(b) unavoidable habitat transformations which are or other relevant circumstances which are directly and indirectly caused by climate change; or
Amendment 1072 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis, to be defined in the national restoration plan.
Amendment 1080 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c a (new)
Article 5 – paragraph 8 – point c a (new)
(ca) A project in the interest of public health and public safety, including food and energy supply, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.
Amendment 1084 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 – point c b (new)
Article 5 – paragraph 8 – point c b (new)
(cb) Measures to maintain food security and production of food and renewable resources;
Amendment 1106 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point a
Article 5 – paragraph 9 – point a
(a) force majeure, including natural disasters;
Amendment 1118 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point b
Article 5 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directly caused by climate change:or other relevant circumstances ; or
Amendment 1119 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 – point b a (new)
Article 5 – paragraph 9 – point b a (new)
(ba) measures to maintain food security and production of food and renewable resources;
Amendment 1138 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point a
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached, providing that habitats types requirements for good conditions as well as favourable reference areas are not negatively competing;
Amendment 1148 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point b
Article 5 – paragraph 10 – point b
(b) a positive trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC., providing that habitats types or species requirements for good conditions as well as favourable reference areas are not negatively competing;
Amendment 1151 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point b a (new)
Article 5 – paragraph 10 – point b a (new)
(ba) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, have lost their production capacity, ability to produce important ecosystem services.
Amendment 1156 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 – point b b (new)
Article 5 – paragraph 10 – point b b (new)
(bb) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, risk significantly worsening the effects of natural disasters such as floods, storms, fires and natural pests.
Amendment 1200 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 1205 #
2022/0195(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and, renewals, restoration, and de-sealing, in all cities and in towns and suburbs.
Amendment 1233 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and, taking into account their socio-economic functions, identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 20305, without prejudice to Directive 2000/60/EC, in particular Aarticles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.
Amendment 1254 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified based on the inventory under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection, or other uses.
Amendment 1268 #
2022/0195(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall complemenmay support the removal of the barriers referred to in paragraph 2 by the measures necessaryadequate to improveing the natural functions of the related floodplains.
Amendment 1284 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall reverse the decline ofcontribute to pollinator populationsabundance by 2030, and achieve thereafter an increasimprove pollinator diversity by 2035, in order to maintaing trend of pollinator populations, measured ehe functionality of the pollination ecosystem service overy three years after 2030,ime. The improvement shall be continuous until satisfactory levels are reachieved, as set out in accordance with Article 11 (3). This shall be done while taking into account impacts on agricultural production and factors such as climate change.
Amendment 1301 #
2022/0195(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance, food supply and diversity of pollinator species and for assessing pollinator population trends.
Amendment 1308 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessaryappropriate and reasonable to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), taking into account social and economic aspects, Common Agricultural Policy (CAP), including SMEs, and ensure the food security in the EU.
Amendment 1328 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieveim for an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threfive years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1331 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1342 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1355 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) sShare of agricultural land with high- diversity landscape features according to the CAP Strategic plan.
Amendment 1384 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1396 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Amendment 1409 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
Amendment 1423 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1439 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
Amendment 1454 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
Amendment 1458 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 20%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
Amendment 1465 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Article 9 – paragraph 4 – subparagraph 3 a (new)
Member States shall take measures to prevent cover-up and shrub encroachment, forestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in mountain areas.
Amendment 1466 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 b (new)
Article 9 – paragraph 4 – subparagraph 3 b (new)
The non-fulfilment of the obligation set out in paragraph xx is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
Amendment 1477 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity of forest ecosystems, taking into account social and economic and requirements, the restoration measures in degraded forest ecosystems to enhance productivity, long-term resilience and biodiversity, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).
Amendment 1500 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1512 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) lying and standing deadwood;
Amendment 1519 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) share of forests with uneven-aged structurenumber of veteran trees at regional level;
Amendment 1526 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) forest connectivitygrowing stock;
Amendment 1537 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1565 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Long term projected resilience
Amendment 1567 #
2022/0195(COD)
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The non-fulfilment of the obligation set out in paragraph 2 is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
Amendment 1585 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence, practices and local conditions, cost-effective allocation and prioritisation of restoration measures, while involving relevant stakeholders, such as owners and managers at every stage of the process.
Amendment 1600 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member states shall quantify the area that needs to be restored to reach the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Articles 4(1), 4(2), 5(1) and 5(2) and, as required for the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based, amongst others, on the following information:
Amendment 1604 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point i
Article 11 – paragraph 2 – point a – point i
(i) (i) the total habitat area and a map of its current distribution, including outside of the Member State territory;
Amendment 1612 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 yearsf habitats surface since the Habitats Directive came into force and the projected changes to environmental conditions due to climate change;
Amendment 1625 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change, cost- effectiveness of resource use and existing land uses;
Amendment 1633 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate changes well the real available areas taking into account competing needs of habitats and species as well as existing land uses.
Amendment 1644 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9), local conditions, economic viability of agriculture and forestry, and subject to food security concerns. During the process, all relevant stakeholders such as landowners and land managers, shall be consulted.
Amendment 1664 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forestvelop a methodology to identify and map areas in need of restoration, in particular those areas thatwhich, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activity are in need of enhanced connectivity and landscape diversity. The type of restoration measures recommended in these areas, and how restrictions of use and property disadvantages are compensated, shall be determined in agreement with the landowner of the area concerned. The mapping and identification exercises should include an informed process for any landowners and land managers whose land is being identified.
Amendment 1678 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. Member States shall identify synergies with climate cfoster policy coherence for sustainable development and enhangce mitigation, climate change adaptation andpositive synergies and tackle trade offs with other policy areas, including disaster prevention, and prioritise restoration measures accordingly. Member States shall also take into account:
Amendment 1681 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
(a) their integrated national energy and climate plannational forest programmes, or equivalent, food strategies referred to in Article 3 of Regulation (EU) 2018/1999;
Amendment 1686 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 1728 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. national plans and/or strategies;
Amendment 1729 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 7 b (new)
Article 11 – paragraph 7 b (new)
7b. prior and informed consent principles as laid out in the Charter of Fundamental Rights.
Amendment 1740 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. Member States shall, when preparing the national restoration plans, aim at optimisbalancing the ecological, economic and social functions of ecosystems while fully respecting ownership rights, as well as their contribution to the sustainable development of the relevant regions and local communities.
Amendment 1760 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration plan is open, inclusive and effectivensure cooperation and active engagement of private land owners, in compliance with the principle of prior and informed consent and that the public is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1768 #
2022/0195(COD)
Proposal for a regulation
Article 11 – paragraph 11 a (new)
Article 11 – paragraph 11 a (new)
Amendment 1788 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified.
Amendment 1789 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
Article 12 – paragraph 2 – point a b (new)
Amendment 1831 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigationsustainable development associated with the restoration measures over time, as well as wider socio-economic benefits of those measures;
Amendment 1837 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include thea description of the support to stakeholders, such as landowners and land managers affected by restoration measures or other new obligations arising from this Regulation, compensation for possible property disadvantages and yield losses of the landowners concerned, and the means of intended financing, public or private funding, including (co-) financing with Union funding instruments, including through a dedicated EU Fund for Restoration;
Amendment 1861 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of those with a legitimate interest, local communities and stakeholders have been taken considered and how property rights have been respected;
Amendment 1865 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o
Article 12 – paragraph 2 – point o
Amendment 1870 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) An explanation of how to ensure that the implementation of the restoration plans does not lead to a decrease of agricultural and forestry production within the Union or a shift to third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1875 #
2022/0195(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified. A supplementary impact assessment on the expected agricultural, horticulture, and food and forestry production sectors from the proposed measures concerning Article 4 to 10.
Amendment 1904 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1949 #
2022/0195(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate changetechniques and local conditions.
Amendment 1979 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or, that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1985 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 2044 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, theand lying deadwood, the share of forests with uneven-aged structure, the forest connectivitygrowing stock/ annual increment and the stock of organic carbon, shall be carried out at least every threfive years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2061 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Amendment 2067 #
2022/0195(COD)
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point c
Article 17 – paragraph 9 – subparagraph 1 – point c
Amendment 2076 #
2022/0195(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10 and the barriers referred to in Article 7 that have been removed, on an annual basisbasis of three years according to reporting systems of Habitats and Birds Directive starting from [OP please insert the date = the date of entry into force of this Regulation].
Amendment 2102 #
2022/0195(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission shall, as from 2029, report to the European Parliament and to the Council every threfive years on the implementation of this Regulation.
Amendment 2118 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat typesIf new scientific knowledge suggest the need for amending the annexes of this regulation the commission can adopt implementing acts to do this in accordance with the examination procedure referred to in Article 21(2).
Amendment 2123 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2128 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2136 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2146 #
2022/0195(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2 #
2022/0179(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas reference values of 3 % for the ratio of the government deficit to GDP and 60 % for the ratio of government debt to GDP are enshrined in the Protocol No 12 on the excessive deficit procedure annexed to the TFEU;
Amendment 3 #
2022/0179(NLE)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas adoption of euro as a national currency, after meeting the convergence criteria, shall be a sovereign decision of each Member State;
Amendment 4 #
2022/0179(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas, based on common practice and as has been done several times in the past, for the purpose of assessing the price stability criterion, the Commission excludes from the best-performing countries those whose inflation rates could not be seen as a meaningful benchmark for other Member States, and has therefore excluded two Member States as the best performers from the assessment; whereas data observations from all euro area Member States shall be included in the assessment analysis as they represent data of proper members of the monetary union;
Amendment 11 #
2022/0179(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that, notwithstanding the difficult economic situation generated by the health crisis and the most recent increase in energy prices, Croatia’s introduction of the euro and the fulfilment of the necessary criteria represent a strong political signal of the viability and attractiveness of the single currency of the Union; notes that Croatian ratio of government debt to GDP has exceeded 60 % since 2011; welcomes therefore the sustained efforts undertaken by the Croatian Government in this regard; encourages Croatia to continue along a path of comprehensive fiscal consolidation;
Amendment 13 #
2022/0179(NLE)
5a. Is concerned that academical research suggests that many euro area members would have been better off in terms of their economic development had they not adopted euro 1a 1b 1c; regrets in this regard the poor enforcement of the EU fiscal rules before the COVID-19 pandemic which were designed to encourage sound public finances and limit the fiscal misconduct within euro area; ___________________ 1aGabriel, Ricardo Duque and Pessoa, Ana Sofia, University of Bonn, Adopting the Euro: A Synthetic Control Approach (December 1, 2020). 1bVerstegen, L., van Groezen, B., & Meijdam, L. (2017), Tilburg University. Benefits of EMU Participation: Estimates using the Synthetic Control Method. 1c Alessandro Gasparotti and Matthias Kullas (2019), cep: 20 Years of the Euro: Winners and Losers.
Amendment 14 #
2022/0179(NLE)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that any intended reform of fiscal framework requires unambiguous enforcement of fiscal rules by the Commission to ensure successful implementation by the Member States;
Amendment 15 #
2022/0179(NLE)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Asks the ECB to develop a complex impact assessment on the expected consequences of the euro adoption benefits, costs, risks and challenges for every Member State outside of euro area with quantifiable and comparable indicators;
Amendment 15 #
2022/0147(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer welfare and confidence in distance selling.
Amendment 19 #
2022/0147(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Digitalisation has contributed to market developments that were not foreseen at the time of the adoption of Directive 2002/65/EC. In fact, the rapid technological developments since then have brought significant changes to the financial services market. Although many sector specific acts have been adopted on the Union level, financial services offered to consumers have evolved and diversified considerably. New products have appeared, in particular in the online environment, and their use continues to develop, often in a fast and unpredicted manner. In this regard, the horizontal application of Directive 2002/65/EC remains relevant. The application of Directive 2002/65/EC to consumer financial services not regulated by sector specific Union legislation has meant that, a set of harmonised rules apply to the benefit of consumers and traders. This ‘safety net’ feature, contributes to ensuring a highn adequate level of consumer protection while ensuring a level playing field among traders.
Amendment 20 #
2022/0147(COD)
Proposal for a directive
Recital 10
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, on enforcement and penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
Amendment 21 #
2022/0147(COD)
Proposal for a directive
Recital 11
Recital 11
(11) A dedicated chapter in Directive 2011/83/EU should contain the still relevant and necessary rules of Directive 2002/65/EC, in particular concerning the right to pre-contractual information and the right to withdrawal, and rules ensuring online fairness when financial service contracts are concluded at a distance.
Amendment 22 #
2022/0147(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provide the consumer with the possibility to request human intervention when he or she interacts with the trader through online interfaces, such as a chatbox or similar tools. The trader should be prohibited to deploy measures in his or her online, roboadvice, interface that could distort or impair the consumers’ ability to make a free, autonomous and informed decision or choicetive or similar tools.
Amendment 24 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty and avoid duplication of the obligations, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. For instance, when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council applies, it should be up to the Member State to decide whether to apply either a reflection period or a right of withdrawal to consumer mortgage credit agreements and so the rules on the right of withdrawal laid down in this Directive do not apply. When Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract. Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. __________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 27 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 30 #
2022/0147(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The information requirements should be modernised and updated to include, for example, the email address of the trader or other safe electronic means of communication and the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
Amendment 31 #
2022/0147(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 34 #
2022/0147(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shcould provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use. In order to avoid the unintended use of the withdrawal button by the consumer, the confirmation should be preceded by f.e. the control warning or be accompanied by other safeguard.
Amendment 34 #
2022/0147(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2002/65/EC of the European Parliament and of the Council17 laysid down rules at Union level concerning the distance marketing of consumer financial services. At the same time Directive 2011/83/EU of the European Parliament and of the Council18 lays down, amongst other, rules applicable to distance contracts for the sale of goods and provision of services concluded between a trader and a consumer. _________________ 17 Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16). 18 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC (OJ L 304, 22.11.2011, p. 64).
Amendment 36 #
2022/0147(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer welfare and confidence in distance selling.
Amendment 39 #
2022/0147(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders should provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to obtain human intervention on behalf of the trader. The human intervention could be limited, for example, to the opening hours of the trader.
Amendment 40 #
2022/0147(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Digitalisation has contributed to market developments that were not foreseen at the time of the adoption of Directive 2002/65/EC. In fact, the rapid technological developments since then have brought significant changes to the financial services market. Although many sector specific acts have been adopted on the Union level, financial services offered to consumers have evolved and diversified considerably. New products have appeared, in particular in the online environment, and their use continues to develop, often in a fast and unpredicted manner. In this regard, the horizontal application of Directive 2002/65/EC remains relevant. The application of Directive 2002/65/EC to consumer financial services not regulated by sector specific Union legislation has meant that, a set of harmonised rules apply to the benefit of consumers and traders. This ‘safety net’ feature, contributes to ensuring a highn adequate level of consumer protection while ensuring a level playing field among traders.
Amendment 41 #
2022/0147(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 45 #
2022/0147(COD)
Proposal for a directive
Recital 10
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, on enforcement and certain provisions on penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
Amendment 48 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘(1b) ‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (42) and Articles 25, 26 and 2630a shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 48 #
2022/0147(COD)
Proposal for a directive
Recital 11
Recital 11
(11) A dedicated chapter in Directive 2011/83/EU should contain the still relevant and necessary rules of Directive 2002/65/EC, in particular concerning the right to pre-contractual information and the right to withdrawal, and rules ensuring online fairness when financial service contracts are concluded at a distance.
Amendment 49 #
2022/0147(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provideon whether the consumer withhas or does not have the possibility to request human intervention when he or she interacts with the trader, including when they interact through online interfaces, such as a chatbox, roboadvice, interactive or similar tools. The trader should be prohibited to deploy measures in his or her online interface that couldaim to distort or impair the consumers’ ability to make a free, autonomous and informed decision or choice.
Amendment 51 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 2 a (new)
Article 3 – paragraph 1b – subparagraph 2 a (new)
In case there is no initial service agreement but the successive operations or the separate operations of the same nature performed over time are performed between the same contractual parties, Article 16a applies only when the first operation is performed. Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and, accordingly, Articles 16a shall apply.
Amendment 55 #
2022/0147(COD)
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty and avoid duplicated obligations, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. This Directive does not aim to amend or modify an existing sectoral legislation. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 58 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number, ands well as email address or other mean of safe electronic communication; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficientmmunicate with the trader effectively; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
Amendment 59 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day befin good time priore to the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 64 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point g
Article 16a – paragraph 1 – point g
(g) the total price to be paid by the consumer to the trader for the financial service, including all known related fees, charges and expenses, and all taxes paid via the trader or, when an exact price cannot be indicated, the basis for the calculation of the price enabling the consumer to verify it; the total price to be paid does not include the sanctions and enforcement, judicial and other fees in case of breach of the contract by the consumer;
Amendment 66 #
2022/0147(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The information requirements should be modernised and updated to include, for example, the email address of the trader or other safe electronic means of communication and the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
Amendment 67 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point h
Article 16a – paragraph 1 – point h
(h) where applicable the information, that the price was personalised on the basis of automated decision-making;
Amendment 69 #
2022/0147(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 72 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point o
Article 16a – paragraph 1 – point o
Amendment 74 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(p) the existence or absence of a right of withdrawal and, where the right of withdrawal exists, its duration and the conditions for exercising it including information on the amountdescription of fees and sanctions which the consumer may be required to pay, as well as the consequences of non-exercise of that right;
Amendment 75 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point s
Article 16a – paragraph 1 – point s
(s) practical instructions for exercising the right of withdrawal indicating, inter alia, the address or email address to which the notification of a withdrawal should be sent and for financial contracts concluded by electronic means,or information about the existence and placement of the withdrawal button, referred to in Article 16d;
Amendment 75 #
2022/0147(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shouldmay provide the consumer with the possibility to use simple electronic means such as a withdrawal button. In order forto ensure the effective uexercise of the right of withdrawal button, the trader should ensure that it isthe information on the withdrawal right is clear, simple and visible and, when the consumer uses the button, the trader should adequately document its use. In order to avoid the unintended use of the right of withdrawal by the consumer, the trader may consider use of safeguards such as the prior control warning or identification.
Amendment 79 #
2022/0147(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders should provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be ableThe trader should inform the consumer about whether there is a possibility to obtain human intervention on behalf of the trader or not.
Amendment 80 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1a (new)
Article 16a – paragraph 1a (new)
1a. Information referred to in paragraph 1, points (a), (f), (g), and (p) shall be displayed on the first page in a prominent way.
Amendment 84 #
2022/0147(COD)
Proposal for a directive
Recital 27
Recital 27
(27) When concluding financial services contracts at a distance, traders should be prohibited to use the structure, design, function or manner of operation of their online interface in a way that couldaims to distort or impair consumers’ ability to make a free, autonomous and informed decision or choice.
Amendment 85 #
2022/0147(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
Amendment 91 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one day before the consumer is bound by any distance contract.
Amendment 92 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
Amendment 93 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4)2), and Articles 25, 26 and 2630a shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.
Amendment 94 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 2a (new)
Article 3 – paragraph 1b – subparagraph 2a (new)
In case there is no initial service agreement, but the successive operations or the separate operations of the same nature performed over time are performed between the same contractual parties, Article 16a applies only when the first operation is performed. Where, however, no operation of the same nature is performed for more than one year, the next operation will be deemed to be the first in a new series of operations and, accordingly, Article 16a shall apply.
Amendment 105 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 a (new)
Article 16b – paragraph 1 a (new)
1a. The right of withdrawal shall in any event lapse one year and 14 calendar days after the conclusion of the distance contract for financial services.
Amendment 106 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number, ands well as email address or other means of safe electronic communication; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficientmmunicate with trader effectively; where applicable, the trader shall also provide the geographical address identity and relevandt identity ofnformation about the trader on whose behalf he is acting;
Amendment 108 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point b
Article 16b – paragraph 2 – point b
(b) travel and baggage insurance policies or similaother short-term insurance policies of less than onetwo month's' s duration;
Amendment 109 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point c a (new)
Article 16b – paragraph 2 – point c a (new)
(ca) short-term contract of duration less than 1 month.
Amendment 110 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5
Article 16b – paragraph 5
Amendment 111 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 1
Article 16b – paragraph 5 – subparagraph 1
Member States shall ensuremay encourage the traders that, for distance contracts concluded by electronic means, beside other means to withdraw from the distance contract, the trader provides also a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. The validation of the withdrawal by using the withdrawal button shall be safeguarded, for example by the prior warning that another validation leads to final withdrawal of the contract.
Amendment 113 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point n
Article 16a – paragraph 1 – point n
Amendment 114 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point o
Article 16a – paragraph 1 – point o
Amendment 116 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point p
Article 16a – paragraph 1 – point p
(p) the existence or absence of a right of withdrawal and, where the right of withdrawal exists, its duration and the conditions for exercising it including information on the amountdescription of fees and sanctions which the consumer may be required to pay, as well as the consequences of non-exercise of that right;
Amendment 117 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point s
Article 16a – paragraph 1 – point s
(s) practical instructions for exercising the right of withdrawal indicating, inter alia, the address or email address to which the notification of a withdrawal should be sent and for financial contracts concluded by electronic means, information about the existence and placementor other means of communication to which the notification of thea withdrawal button, referred to in Article 16dshould be sent;
Amendment 119 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
Amendment 119 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – subparagraph 2 (new)
Article 16a – paragraph 1 – subparagraph 2 (new)
Information referred to in points (a), (f), (g), and (p) shall be displayed on the first page in a prominent way.
Amendment 126 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16c – paragraph 1 – introductory part
Article 16c – paragraph 1 – introductory part
1. Where the consumer exercises the right of withdrawal under Article 16b, the consumer may only be required to pay, without any undue delayin accordance with paragraph 4, for the service actually provided by the trader in accordance with the distance contract. The amount payable shall not:
Amendment 126 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of distance communications, including telephone communicnversations, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversmmunication with the consumer.
Amendment 132 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 2
Article 16d – paragraph 2
Amendment 136 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 3
Article 16d – paragraph 3
3. Member States shall ensurecourage traders that, in case the trader uses online tools, the consumer shallmay have a right to request and obtain human intervention.
Amendment 137 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Additional protection regarding online Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free, autonomous and informed decision or choice. __________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).rticle 16e deleted interfaces
Amendment 139 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one dayin good time before the consumer is bound by any distance contract.
Amendment 141 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 2
Article 16a – paragraph 3 – subparagraph 2
Amendment 148 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/83/EU
Article 30
Article 30
Amendment 148 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Amendment 151 #
2022/0147(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [the date after 2436 months from adoption].
Amendment 158 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2a (new)
Article 16b – paragraph 1 – subparagraph 2a (new)
The right of withdrawal shall in any event lapse one year after the conclusion of the distance contract for financial services.
Amendment 168 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point b
Article 16b – paragraph 2 – point b
(b) travel and baggage insurance policies or similaother short-term insurance policies of less than onetwo month's' duration;
Amendment 169 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point c
Article 16b – paragraph 2 – point c
(c) contracts whose performance has been fully completed by both parties at the consumer's express request before the consumer exercises his right of withdrawal.
Amendment 170 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point ca (new)
Article 16b – paragraph 2 – point ca (new)
(c a) short-term contracts of duration less than one month.
Amendment 171 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 3
Article 16b – paragraph 3
3. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent or the withdrawal button referred to in paragraph 5 is activated by the consumer before that period has expired.
Amendment 178 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 1
Article 16b – paragraph 5 – subparagraph 1
Amendment 179 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
The withdrawal buttoninformation on withdrawal and its exercise shall be placed in a prominent manner and permanently available during the entire withdrawal period, preferably, on the same electronic interface as the one used to conclude the distance contract. In addiThe obligation, the trader may also provide the withdrawal button through another channelo have the information on withdrawal available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract shall not apply when the trader changes a platform or the rights and obligations of the trader are ceased to another entity.
Amendment 181 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activationexercise of the withdrawal buttonright results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.
Amendment 185 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 2
Article 16d – paragraph 2
Amendment 187 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 3
Article 16d – paragraph 3
3. Member States shall ensurcourage that, in case the trader uses online tools, the consumer shall have a rightmay have a right to request and obtain human intervention. The trader shall inform the consumer in a clear and simple way whether there is a possibility to request and obtain human intervention.
Amendment 191 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Amendment 196 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or mannerthe trader shall not design, organise ofr operation ofe their online interface in a way that coulddeceives or manipulates the consumer or in a way that otherwise materially distorts or impair consumers’ abilitys the ability of the consumer to make a free, autonomous and informed decision or choices. _________________ 24 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 199 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e – subparagraph 1b (new)
Article 16e – subparagraph 1b (new)
The Commission shall annually publish the list of national measures in force adopted by the Member States in relation to this Article, starting from [30 months from the adoption of this Directive].
Amendment 200 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e – subparagraph 1c (new)
Article 16e – subparagraph 1c (new)
In cooperation with relevant stakeholders, including consumers and traders and no later than 12 months after entry into force of this Directive, the Commission shall prepare the guidelines on how paragraph 1 applies to specific practices, notably: (a) giving more prominence to certain choices when asking the consumer for a decision; (b) repeatedly requesting that the consumer make a choice where that choice has already been made, especially by presenting pop-ups that interfere with the consumer´s experience; (c) making the procedure for terminating a contract more difficult than concluding it.
Amendment 206 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 30a (new)
Article 30a (new)
Amendment 211 #
2022/0147(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [the date after 2436 months from adoption].
Amendment 34 #
2022/0140(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Natural persons should be further empowered to exchange and to provide access to personal electronic health data to the health professionals of their choice, going beyond the right to data portability as established in Article 20 of Regulation (EU) 2016/679. This is necessary to tackle objective difficulties and obstacles in the current state of play. Under Regulation (EU) 2016/679, portability is limited only to data processed based on consent or contract, which excludes data processed under other legal bases, such as when the processing is based on law, for example when their processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. It only concerns data provided by the data subject to a controller, excluding many inferred or indirect data, such as diagnoses, or tests. Finally, under Regulation (EU) 2016/679, the natural person has the right to have the personal data transmitted directly from one controller to another only where technically feasible. That Regulation, however, does not impose an obligation to make this direct transmission technically feasible. All these elements limit the data portability and may limit its benefits for provision of high-quality, safe and efficient healthcare services to the natural person. Portability should give consumers more choice in the selection of healthcare provider, resulting in reduced healthcare costs, faster diagnosis and treatment time and overall better health outcomes.
Amendment 35 #
2022/0140(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Timely and full access of health professionals to the medical records of patients is fundamental for ensuring continuity of care and avoiding duplications and errors. However, due to a lack of interoperability, in many cases, health professionals cannot access the complete medical records of their patients and cannot make optimal medical decisions for their diagnosis and treatment, which adds considerable costs for both health systems and natural persons and may lead to worse health outcomes for natural persons. Such costs and health outcomes should be regularly assessed and quantified in order to measure the results of improved interoperability. Electronic health data made available in interoperable format, which can be transmitted between healthcare providers can also reduce the administrative burden on health professionals of manually entering or copying health data between electronic systems. Cost reduction should be periodically reviewed and compared between Member States in order to identify best practices and deliver results in the whole internal market without potential fragmentation. Therefore, health professionals should be provided with appropriate electronic means, such as health professional portals, to use personal electronic health data for the exercise of their duties. Moreover, the access to personal health records should be transparent to the natural persons and natural persons should be able to exercise full control over such access, including by limiting access to all or part of the personal electronic health data in their records. Health professionals should refrain from hindering the implementation of the rights of natural persons, such as refusing to take into account electronic health data originating from another Member State and provided in the interoperable and reliable European electronic health record exchange format.
Amendment 38 #
2022/0140(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) Implementation of an interoperable European electronic health record exchange format should build on the existing investments and solutions already made in Member States. Existing health data infrastructures should be leveraged to allow continuity and build on existing expertise.
Amendment 39 #
2022/0140(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The level of availability of personal health and genetic data in an electronic format varies between Member States. The EHDS should make it easier for natural persons to have those data available in electronic format. This would also contribute to the achievement of the target of 100% of Union citizens having access to their electronic health records by 2030, as referred to in the Policy Programme “Path to the Digital Decade”. The EHDS should also contribute to other requirements, mainly to apply the once-only principle, where possible. In order to make electronic health data accesible and transmissible, such data should be accessed and transmitted in an interoperable common European electronic health record exchange format, at least for certain categories of electronic health data, such as patient summaries, electronic prescriptions and dispensations, medical images and image reports, laboratory results and discharge reports, subject to transition periods. Where personal electronic health data is made available to a healthcare provider or a pharmacy by a natural person, or is transmitted by another data controller in the European electronic health record exchange format, the electronic health data should be read and accepted for the provision of healthcare or for dispensation of a medicinal product, thus supporting the provision of the health care services or the dispensation of the electronic prescription. Commission Recommendation (EU) 2019/24345provides the foundations for such a common European electronic health record exchange format. The use of European electronic health record exchange format should become more generalised at EU and national level. While the eHealth Network under Article 14 of Directive 2011/24/EU of the European Parliament and of the Council46recommended Member States to use the European electronic health record exchange format in procurements, in order to improve interoperability, uptake was limited in practice, resulting in fragmented landscape and uneven access to and portability of electronic health data. _________________ 45 Commission Recommendation (EU) 2019/243 of 6 February 2019 on a European Electronic Health Record exchange format (OJ L 39, 11.2.2019, p. 18). 46 Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
Amendment 41 #
2022/0140(COD)
(19 a) The once-only principle means that natural or legal persons provide data only once to public sector or EHDS including EHR systems under the primary use regime, while public sector bodies take the necessary steps to use such data for secondary use, while respecting data protection rules. It would avoid duplication and unnecessary burdens to healthcare professionals and providers, to provide data again.
Amendment 42 #
2022/0140(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Digital health authorities should have sufficient technical skills, possibly bringing together experts from different organisations. The activities of digital health authorities should be well-planned and monitored in order to ensure their efficiency. Digital health authorities should take necessary measures to ensuring rights of natural persons by setting up national, regional, and local technical solutions such as national EHR, patient portals, data intermediation systems. When doing so, they should apply common standards and specifications in such solutions, promote the application of the standards and specifications in procurements and use other innovative means including reimbursement of solutions that are compliant with interoperability and security requirements of the EHDS. To carry out their tasks, the digital health authorities should cooperate and exchange best practices at national and Union level with other entities, including with insurance bodies, healthcare providers, manufacturers of EHR systems and wellness applications, as well as stakeholders from health or information technology sector, entities handling reimbursement schemes, health technology assessment bodies, medicinal products regulatory authorities and agencies, medical devices authorities, procurers and cybersecurity or e-ID authorities.
Amendment 44 #
2022/0140(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Access to and transmission of electronic health data is relevant in cross- border healthcare situations, as it may support continuity of healthcare when natural persons travel to other Member States or change their place of residence. Continuity of care and rapid access to personal electronic health data is even more important for residents in border regions, crossing the border frequently to get health care. In many border regions, some specialised health care services may be available closer across the border rather than in the same Member State. An infrastructure is needed for the transmission of personal electronic health data across borders, in situations where a natural person is using services of a healthcare provider established in another Member State. A voluntary infrastructure for that purpose, MyHealth@EU, has been established as part of the actions provided for in Article 14 of Directive 2011/24/EU. Through MyHealth@EU, Member States started to provide natural persons with the possibility to share their personal electronic health data with healthcare providers when travelling abroad. To further support such possibilities, the participation of Member States in the digital infrastructure MyHealth@EU should become mandatory. Making interoperability mandatory would overcome the market coordination failure. Introducing interoperability standards at EU level is likely to be more effective than at national level. All Member States should join the infrastructure and connect healthcare providers and pharmacies to it, as this is necessary for the implementation of the rights of natural persons to access and make use of their personal electronic health data regardless of the Member State. The infrastructure should be gradually expanded to support further categories of electronic health data.
Amendment 46 #
2022/0140(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) EHDS as a whole is a federated structure that can accommodate centralisation or decentralisation based on the Commission and Member States preferences in order to deliver resilient, secure and interoperable infrastructure. The structure should be chosen based on the in-depth analysis for each part of the Regulation.
Amendment 47 #
2022/0140(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Software or module(s) of software which falls within the definition of a medical device or high-risk artificial intelligence (AI) system should be certified in accordance with Regulation (EU) 2017/745 of the European Parliament and of the Council49and Regulation […] of the European Parliament and of the Council [AI Act COM/2021/206 final], as applicable. The essential requirements on interoperability of this Regulation should only apply to the extent that the manufacturer of a medical device or high- risk AI system, which is providing electronic health data to be processed as part of the EHR system, claims interoperability with such EHR system. In such case, the provisions on international standards andcommon specifications for EHR systems should be applicable to those medical devices and high-risk AI systems. _________________ 49 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
Amendment 48 #
2022/0140(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Compliance with essential requirements on interoperability and security should be demonstrated by the manufacturers of EHR systems through the implementation of common specifications. To that endinternational standards or common specifications, if duly justified where the international standard is not available. Applying common specifications may lead to the risk of using outdated data formats that are e.g., no longer secure and therefore restrictive, hampering patient safety, innovation and introducing additional barriers for European companies operating globally. To that end, in exceptional situation, implementing powers should be conferred on the Commission to determine such common specifications regarding datasets, coding systems, technical specifications, including standards, specifications and profiles for data exchange, as well as requirements and principles related to security, confidentiality, integrity, patient safety and protection of personal data as well as specifications and requirements related to identification management and the use of electronic identification. Digital health authorities should contribute to the development of such common specifications.
Amendment 49 #
2022/0140(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) European or Interoperability standards should be aligned to the extent possible with best practices and existing technical solutions. The Commission should identify and analyse those best practices and commonly used existing technical solutions in Member States in order to avoid the burden of implementing additional regulatory requirements.
Amendment 56 #
2022/0140(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) As the resources of health data access bodies are limited, they can apply prioritisation rules, for instthe Commission should issue guidance on prioritising public institutions before private entitiation criteria. In general, the request with potential overall highes,t but they should not make any discrimination between the national or from organisations from other Member States within the same category of prioritiesenefit for the citizens and Union should be prioritised, for example research and development of technologies and innovations in the healthcare sector. The common criteria should avoid fragmentation of the single market. The data user should be able to extend the duration of the data permit in order, for example, to allow access to the datasets to reviewers of scientific publication or to enable additional analysis of the dataset based on the initial findings. This would require an amendment of the data permit and may be subject to an additonal fee. However, in all the cases, the data permit should reflect theses additionals uses of the dataset. Preferably, the data user should mention them in their initial request for the issuance of the data permit. In order to ensure a harmonised approach between health data access bodies, the Commission should support the harmonisation of data permit.
Amendment 63 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Directive 2013/87/EC
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall be without prejudice to other Union legal acts regarding access to, sharing of or secondary use of electronic health data, or requirements related to the processing of data in relation to electronic health data, in particular Regulations (EU) 2016/679, (EU) 2018/1725, […] [Data Governance Act COM/2020/767 final], Directive (EU) 2016/943 and […] [Data Act COM/2022/68 final].
Amendment 69 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
Directive 2013/87/EC
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) ‘EHR system’ (electronic health record system) means any appliance or software primarily intended by the manufacturer to be used for storing, intermediating, importing, exporting, converting, editing or viewconsolidate, share and retaing electronic health records;
Amendment 73 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Directive 2013/87/EC
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
(o) ‘wellness application’ means any appliance or software intended by the manufacturer to be used by a natural person for processing electronic health data for other purposes than healthcare, but related to healthcare, such as well-being and pursuing healthy life-styles;
Amendment 76 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 – point a Directive 2013/87/EC
Article 3 – paragraph 5 – subparagraph 1 – point a Directive 2013/87/EC
(a) establish one or more electronic health data access services at national, regional or local level, using centralised or decentralised structure, enabling the exercise of rights referred to in paragraphs 1 and 2;
Amendment 78 #
2022/0140(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall, by means of implementing acts, lay down the technical specifications for the priority categories of personal electronic health data referred to in Article 5, setting out the European electronic health record exchange format. When setting out the European electronic health record exchange format, the Commission shall primarily consider the existing international standards and the formats already used in the Member States. The format shall include the following elements:
Amendment 81 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall establish a central platform for digital health to provide services to support and facilitate the exchange of electronic health data between national contact points for digital health of the Member States. The platform shall not enable the storage of electronic health data on the platform.
Amendment 82 #
2022/0140(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. TNo later than 12 months after the entry into force of the Regulation, the Commission shall, by means of implementing acts, adopt the necessary measures for the technical development of MyHealth@EU, detailed rules concerning the security, confidentiality and protection of electronic health data and the conditions and compliance checks necessary to join and remain connected to MyHealth@EU and conditions for temporary or definitive exclusion from MyHealth@EU. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 68(2).
Amendment 84 #
2022/0140(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. No later than 12 months after the entry into force of this Regulation, the Commission shall issue guidance to clarify requirement of the manufacturers to conduct conformity assessments under different Union legislation, such as Medical Device Regulations, Artificial Intelligence Act or EHDS. The guidance shall also clarify which rules apply to products that are covered by more regulated categories.
Amendment 86 #
2022/0140(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Once only principle Natural or legal persons shall provide data to public sector bodies or EHR providers under the primary use regime only once, while public sector bodies may use such data for secondary purposes.
Amendment 131 #
2022/0140(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Amendment 132 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph -1 (new)
Article 23 – paragraph -1 (new)
-1. The Commission shall promote European or international standards in respect of the essential requirements set out in Annex II. The Commission shall identify and analyse existing best practices in terms of interoperability or analyse the option to request development of European or internationally recognised standards, where appropriate.
Amendment 134 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Amendment 135 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point f
Article 23 – paragraph 2 – point f
(f) explanatory part, including any relevant implementation guidelines and justification why the use of international standard was not applicable or preferable.
Amendment 136 #
2022/0140(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. EHR systems, medical devices and high risk AI systems referred to in Article 14 that are in conformity with the international standards or common specifications referred to in paragraphs -1 or 1 shall be considered to be in conformity with the essential requirements covered by those specifications or parts thereof, set out in Annex II covered by those common specifications or the relevant parts of those common specifications.
Amendment 161 #
2022/0140(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission may consider the format and content of the label by use of European or international standards. In exceptional situations, if no international standard is fit for purpose, the Commission may, by means of implementing acts, determine the format and content of the label. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 68(2).
Amendment 162 #
2022/0140(COD)
6. If the wellness application is embedded in a device, the accompanying label shallmay be placed on the device. 2D barcodes may also be used to display the label.
Amendment 169 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point a a (new)
Article 34 – paragraph 1 – point a a (new)
(a a) activities for reasons of public interest in cases of serious public health threats.
Amendment 170 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f
Article 34 – paragraph 1 – point f
(f) development and innovation activities for products or services contributing to public health or social security, or ensuring high levels of quality and safety of health care, of medicinal products or of medical devices, including supporting operational efficiency, improving the patient pathway and post- market monitoring to identify side effects and adverse events;
Amendment 171 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(f a) development and innovation activities for products or services, including health economics and health outcomes research studies;
Amendment 172 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
Seeking access to and processing electronic health data obtained via a data permit issued pursuant to Article 46 for the following purposes shall be prohibited on case-by-case basis, if there is harm to patients or consumers from such use:
Amendment 173 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Health data access bodies shallmay carry out the following tasks:
Amendment 175 #
2022/0140(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point p
Article 37 – paragraph 1 – point p
Amendment 177 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 179 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 180 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 181 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Any fees charged to data users pursuant to this Article by the health data access bodies or data holders shall be transparent and proportionate to the cost of collecting and making electronic health data available for secondary use, objectively justified and shall not restrict competition. The support received by the data holder from donations, public national or Union funds, to set up, develop or update tat dataset shall be excluded from this calculation. The specific interests and needs of SMEs, public bodies, Union institutions, bodies, offices and agencies involved in research, health policy or analysis, educational institutions and healthcare providers shall be taken into account when setting the fees, by reducing those fees proportionately to their size or budget.
Amendment 182 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 183 #
2022/0140(COD)
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. TNo later than 12 months after the entry into force of the Regulation, the Commission mayshall, by means of implementing acts, lay down principles and rules for the fee policies and fee structures. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 68(2). The fee structure shall maximise the data- driven network effects. The Commission may consider different solutions, including steep data access fees and provisions to remunerate the data provider, as a one-size-fits-all solution is not effective.
Amendment 184 #
2022/0140(COD)
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3 a. The Commission shall, by means of implementing act, set out rules for risk- based anonymisation methodology, taking into consideration risk factors such as type of use, the safeguards in place, probability of re-identification of patients, sensitivity of type of data.
Amendment 187 #
2022/0140(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Where an applicant requests access to electronic health data only from a single data holder in a single Member State, by way of derogation from Article 45(1), that applicant may file a data access application or a data request directly to the data holder. The applicant may file a data access application or a data request also by other means of sharing health data using existing infrastructures and registries that have established data flows, technical architectures, governance models and data access. The Regulation shall not impede existing data sharing initiatives already in place in Union and Member States in order to enhance the interoperability and data exchange in the internal market. The data access application shall comply with the requirements set out in Article 45 and the data request shall comply with requirements in Article 47. Multi-country requests and requests requiring a combination of datasets from several data holders shallmay be adressed to health data access bodies.
Amendment 189 #
2022/0140(COD)
Proposal for a regulation
Article 52 – paragraph 8
Article 52 – paragraph 8
8. The Member States and the Commission shall set up HealthData@EU to support and facilitate the cross-border access to electronic health data for secondary use, connecting the national contact points for secondary use of electronic health data of all Member States and authorised participants in that infrastructure. The Commission shall use a decentralised structure to facilitate the cross-border access to electronic health data for secondary use.
Amendment 201 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. After 5 years from the entry into force of this Regulation, the Commission shall carry out a targeted evaluation of this Regulation especially with regards to Chapter III, and submit a report on its main findings to the European Parliament and to the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied, where appropriate, by a proposal for its amendment. The evaluation shall include an assessment of a) the self-certification of EHR systems and reflect on the need to introduce a conformity assessment procedure performed by notified bodies. ; b) impacts of EHR systems on health outcomes for patients, including impact on standardised preventable and treatable mortality rate, life expectancy and patients’ healthcare utilisation (number of visits); c) impacts of EHR systems on healthcare economic performance; d) the data portability rights, including the impact on portability transaction costs and impact on selection of health service providers, healthcare costs, diagnosis and treatment speed; e) resilience and flexibility of the EHR systems and secondary data sharing framework in order to assess the readiness for potential future crisis; f) the implementation of technological innovations in the healthcare sector, including the development of new drugs and medical procedures; g) interoperability model in place in Member States, including best practices analysis concerning the cost-benefit results, transparency, decentralisation level; h) the analysis of market coordination failure before and after implementation and related monetary benefit from reducing information asymmetries between medical service providers per Member State; i) impact on information asymmetry between patients and health care providers per Member State; j) contribution to additional investments in the Union and related net impact on productivity and economic growth; k) quality and coverage of access of health professionals to the medical records of patients per Member State, including impact on reduction of duplications and errors and reduction of administration time and costs; l) overlaps and incoherences with other Union and national legislation, including the quantification of related extra costs of overlaps and related regulatory uncertainty. Inter alia, the assessment shall analyse alignment with the General Data Protection Regulation, Data Governance Act, Data Act, AI Act and Regulations on cybersecurity.
Amendment 204 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
Amendment 206 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 3
Article 70 – paragraph 3
3. Member States shall provide the Commission with the information necessary for the preparation of that report. and shall report to the Commission on the common indicators.
Amendment 207 #
2022/0140(COD)
Proposal for a regulation
Article 70 – paragraph 3 a (new)
Article 70 – paragraph 3 a (new)
3 a. The Commission shall be empowered to adopt, by 12 months after the entry into force of this Regulation, delegated acts to supplement this Regulation in order to: (a) set out the common result and impact oriented indicators to be used for reporting on the progress and for the purpose of monitoring and evaluation of this Regulation; (b) measure the costs, benefits and other health and economic results including trends per Member State in order to compare the effectiveness of implementation of this Regulation;and (c) define a methodology for reporting by Member States. The Commission shall regularly revise and, if necessary, update the common indicators.
Amendment 30 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industryvaluate the industry competitiveness and to structural changes due to fast innovation cycles and the need for sustainability of supply and production. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 34 #
2022/0032(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain. Given the lack of the impact assessment accompanying the Commission proposal and proposed untested method of subsidizing production, the Commission should regularly and carefully publish and deliver relevant information and assessments about the impact of this regulation on internal market, competitiveness and the EU and national budgets.
Amendment 59 #
2022/0032(COD)
Proposal for a regulation
–
–
The Committee on Internal Market and Consumer Protection calls on the Committee on Industry, Research and Energy, as the committee responsible, to propose rejection of the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework of measures for strengthening Europe's semiconductor ecosystem (Chips Act).
Amendment 60 #
2022/0032(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) ‘semiconductor crisis’ means a serious disruption to the supply of semiconductors, leading to significant long-term or structural shortages of semiconductors, which poses a serious threat to the functioning of critical sectors;
Amendment 64 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industryvaluate the industry competitiveness and to structural changes due to fast innovation cycles and the need for sustainability of supply and production. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 66 #
2022/0032(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The resilience of the Internal market should be built up on Union's key strengths in the global semiconductor ecosystem and cutting red tape for businesses active in the semiconductor supply chain, rather than by selecting a Union's semiconductor winners. The regulation cannot isolate European businesses, but help them establish business relationships with other global participants in the semiconductor ecosystem.
Amendment 67 #
2022/0032(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) The internal market's resilience should also consider other factors, such as the demand side of the semiconductor market, long-term sustainability of production, and the resilience price premium. The Commission should analyse the key drivers of resilience and assess the optimal level of resilience effectively delivering the added value for consumers and businesses.
Amendment 69 #
2022/0032(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain. Given the lack of the impact assessment accompanying the Commission proposal and proposed untested method of subsidizing production, the Commission should regularly and carefully publish and deliver relevant information and assessments about the impact of this regulation on internal market, competitiveness and the EU and national budgets.
Amendment 70 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 72 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 77 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, tThe Commission, in consultation with the European Semiconductor Board, should prepar and relevant stakeholders, should assess and evaluate the grounneed for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification. The added value of the Union certification should be quantified, accompanied with the cost-benefit analysis and confirmed by the independent assessment which should be published.
Amendment 78 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, tThe Commission, in consultation with the European Semiconductor Board, should prepar and relevant stakeholders, should assess and evaluate the grounneed for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification. The added value of the Union certification should be quantified, accompanied with the cost-benefit analysis and confirmed by the independent assessment which should be published.
Amendment 82 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) When assessing and monitoring the market, the distinction should be made between the structural shortage and the short or long term shortage and the fact that the market is growing in cycles of oversupply and shortages. In light of the structural and long term deficiencies of the semiconductor supply chain and the resulting risk of future structural or long term shortages, this Regulation provides instruments for a coordinated approach to assessing, monitoring and effectively tackling possible market disruptions.
Amendment 87 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessarymight be helpful to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
Amendment 87 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission taking into account professional secrecy.
Amendment 90 #
2022/0032(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Member States should alert the Commission if relevant factors indicate a potential semiconductor crisis and, if feasible, evaluate and quantify the risk of the potential semiconductor crises and its impact on the Internal market. In order to ensure a coordinated response to address such crises, the Commission should upon the alert by a Member State or through other sources, including information from international partners, convene an extraordinary meeting of the European Semiconductor Board for assessing the need to activate the crisis stage and for discussing whether it may be appropriate, necessary and proportionate for Member States to carry out coordinated joint procurement. In case the joint procurement is considered, the Commission should evaluate and prepare a cost-benefit analysis of how the joint procurement measure helps in mitigating the risks and improving the resilience of the internal market. The Commission should engage in consultations and cooperation with relevant third countries with a view to addressing any disruptions in the international supply chain, in compliance with international obligations and without prejudice to procedural requirements under the Treaty on international agreements.
Amendment 90 #
2022/0032(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities inventory level of semiconductors in the critical sectors and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
Amendment 93 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission taking into account professional secrecy.
Amendment 94 #
2022/0032(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to prevent the disruption in market competitiveness, the Commission should analyse the long-term effects of the subsidies granted in relation to this Regulation on innovations as subsidies and other forms of support can encourage complacency at recipient firms, therefore acting against technological upgrading in the semiconductor industry. The analysis should be publicly available and updated at least every 3 years.
Amendment 95 #
2022/0032(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities inventory level of semiconductors in the critical sectors and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
Amendment 98 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators. based on available information cooperating with businesses on a voluntary basis. The indicators should be published and regularly reviewed.
Amendment 98 #
2022/0032(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission and the Member States and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage and should be evidence based with quantified or, in the absence of sufficient information, duly estimated impact on the internal market.
Amendment 102 #
2022/0032(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to prevent the disruption in market competitiveness, the Commission should analyse the long-term effects of the subsidies granted in relation to this Regulation on innovations as subsidies and other forms of support can encourage complacency at recipient firms, therefore acting against technological upgrading in the semiconductor industry. The analysis should be publicly available and updated at least every 3 years.
Amendment 104 #
2022/0032(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As part of the monitoring, Member States and the Commission could specifically consider the availability and integrity of the services and goods of key markets actors. Such issues could be brought to the attention of the European Semiconductor Board by the Member State concerned.
Amendment 109 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, quantified or, in the absence of sufficient information, duly estimated and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant long term structural shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant long term structural shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 110 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the Commission for monitoring the supply of semiconductors and crisis response to semiconductor shortages in the specific cases..
Amendment 114 #
2022/0032(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board and relevant market stakeholders. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board and relevant market stakeholders.
Amendment 115 #
2022/0032(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission and the Member States and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage and should be evidence based with quantified or, in the absence of sufficient information, duly estimated impact on the Internal market.
Amendment 117 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘critical entity’ means a critical entity as defined in Article 2(1) of Directive (EU) No 2022/…. on the resilience of critical entities];
Amendment 119 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. The Commission should also assess and quantify the effectiveness of other available measures in order to limit the threat to the functioning of the Internal market including critical entities. Where it intends to not follow the request, it should inform the concerned Member States and the Board and givepublish its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 125 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the Commission for monitoring the supply of semiconductors and crisis response to semiconductor shortages in the specific cases.
Amendment 126 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The general objective of the Initiative is to support large-scale technological capacity building and innovation throughout the Union to enable development and deployment of cutting- edge and next generation semiconductor and quantum technologies that will demonstrably and quantifiably prove the added value of the investment for the Union citizens, in sectors where no private alternative of funding exists, reinforce the Union advanced design, systems integration and chips production capabilities, as well as contribute to the achievement of the twin digital and green transition.
Amendment 127 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘critical entity’ means a critical entity as defined in Article 2(1) of Directive (EU) No 2022/…. on the resilience of critical entities];
Amendment 135 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
When Member States receive relevant and reliable information about warning indicators identified pursuant to Article 16, they shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 137 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry tovaluate the industry competitiveness and structural changes due to fast innovation cycles and the need for sustainability of supply and production. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies.
Amendment 138 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) monitorencourage relevant stakeholders to monitor and inform them about early warning indicators identified pursuant to Article 16;
Amendment 139 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) identify best practices for risk mitigation and crisis measures;
Amendment 139 #
2022/0032(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The resilience of the internal market should be built up on Union's key strengths in the global semiconductor ecosystem and cutting red tape for businesses active in the semiconductor supply chain, rather than by selecting a Union's semiconductor winners. The regulation cannot isolate European businesses, but help them establish business relationships with other global participants in the semiconductor ecosystem.
Amendment 140 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) assess the risks threatening the functioning of critical entities in relation semiconductors;
Amendment 141 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
(a c) compare and quantify the impacts of the available risk mitigation measures;
Amendment 141 #
2022/0032(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) The internal market's resilience should also consider other factors, such as the demand side of the semiconductor market, long-term sustainability of production, and the resilience price premium. The Commission should analyse the key drivers of resilience and assess the optimal level of resilience effectively delivering the added value for consumers and businesses.
Amendment 146 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Member States shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
Amendment 148 #
2022/0032(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The use of semiconductors is critical for multiple economic sectors and societal functions in the Union and therefore, a resilient supply is essential for the functioning of the internal market. Given the wide circulation of semiconductor products across borders, the resilience and security of supply of semiconductors can be best addressed through Union harmonising legislation based on Article 114 of the Treaty. With a view to enabling coordinated measures for building resilience, harmonised rules for facilitating the implementation of specific projects that contribute to the security of supply of semiconductors in the Union are necessary. The proposed monitoring and crisis response mechanism should be uniform to enable a coordinated approach to crisis preparedness for the cross-border semiconductor value chain. Given the lack of the impact assessment accompanying the Commission proposal and proposed untested method of subsidizing production, the Commission should regularly and carefully publish and deliver relevant information and assessments about the impact of this regulation on internal market, competitiveness and the Union budget and national budgets.
Amendment 149 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invitencourage the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updatesis information.
Amendment 153 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case wishall pay particular attention to SMEs to minimise administrative burden resulting from the request and wishall privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27. Provision of such information shall be voluntary.
Amendment 158 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potentially considerable semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediatelmay alert the Commission (‘early warning’).
Amendment 162 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point a – point 2
Article 15 – paragraph 5 – point a – point 2
(2) in case of threatening the functioning of critical entities, discussing whether it may be appropriate, necessary and proportionate for Member States to jointly purchase semiconductors, intermediate products or raw materials affected or at threat of being affected by a potential semiconductor crisis (‘coordinated procurement’);
Amendment 163 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) in case of threatening the functioning of critical entities, enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora. The Commission shall assess different measures and find a solution to address supply chain disruption risks threatening the functioning of critical entities not later than 4 months after obtaining such information.
Amendment 169 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, assess risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators and shall publish them until [6 months after entering into force of this Regulation]..
Amendment 175 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory and market development, the risk assessment and early warning indicators are effective, proportionate, evidence- based and sufficient to identify the risks. The early warning indicators shall also assess the optimal level of resilience considering the market effectiveness, the resilience price premium and the risk premium. Where appropriate, the Commission shall amend or terminate this article for that purpose, accompanied by impact assessment including quantified cost-benefit analysis and an external study.
Amendment 176 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. When monitoringassessing information about the semiconductor value chain pursuant to Article 15, Member States shall monitor the early warning indicators identified by the Commission.
Amendment 178 #
2022/0032(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Member States shall identify relevant critical entities relying on semiconductors and other key market actors along the semiconductor supply chains in their national territory, taking into account the following elements:
Amendment 183 #
2022/0032(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Monitoring and alerting of semiconductor crisis
Amendment 184 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
When Member States receive relevant and reliable information about warning indicators identified pursuant to Article 16, they shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 185 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board, assess whether the activation of the crisis stage should be prolonged. Where the assessment including quantified evidence and cost-benefit analysis concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duratiA special attention shall be paid to a possible distortion of market competition and avoiding unnecessary isolation of the EU market and businesses. The assessment shall be made publicly available, taking into account the professional or other relevant secrecy. The duration and reason of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate.
Amendment 185 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) monitorencourage relevant stakeholders to monitor and inform them about early warning indicators identified pursuant to Article 16;
Amendment 186 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) identify best practices for risk mitigation and crisis measures;
Amendment 187 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
Article 15 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) assess the risks threatening the functioning of critical entities in relation semiconductors;
Amendment 188 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
(a c) compare and quantify the impacts of the available risk mitigation measures;
Amendment 189 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Member States shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
Amendment 190 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invitencourage the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updatesis information.
Amendment 191 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. During theBefore and during the confirmed crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
Amendment 192 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case will pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27. Provision of such information shall be voluntary.
Amendment 195 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission shall review the Union risk assessment pursuant to Article 16(2) no later than six months after the expiry of the duration of the crisis stage. The result of such review shall be published.
Amendment 195 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potentially considerable semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediatelmay alert the Commission (‘early warning’).
Amendment 196 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
7. National competent authorities designated pursuant to Article 26(1) shallmay map undertakings operating along the semiconductor supply chain in their national territory, including non- confidential information on the services or goods, and contact information. They shallmay notify this list and any subsequent update to the Commission. The Commission may issue guidance, after consulting the European Semiconductor Board, to further specify the information to be gathered and define the technical specifications and formats.
Amendment 198 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In addition, the Commission may take thproportionate measures provided for in Article 21 or Article 22, or both,0 under the conditions laid down therein.
Amendment 198 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. 2 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory and market development, the risk assessment and early warning indicators are effective, proportionate, evidence-based and sufficient to identify the risks. The early warning indicators shall also assess the optimal level of resilience considering the market effectiveness, market flexibility, the resilience price premium and the risk premium. Where appropriate, the Commission shall amend or terminate this article for that purpose, accompanied by impact assessment including quantified cost-benefit analysis and an external study.
Amendment 201 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur when there are serious long-term or structural disruptions in the supply of semiconductors leading to significant shortages, which:threatening the functioning of critical sectors.
Amendment 202 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 203 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board,shall limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
Amendment 203 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 204 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
(a) assess and, quantify or, in the absence of sufficient information, duly estimate the impact of the possible imposition of protective measures, including in particular whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation 2015/479 and provide an opinion to the Commission;
Amendment 206 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. During theBefore and during the confirmed crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
Amendment 208 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board,shall limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
Amendment 209 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The use of the measures referred to in paragraph 1 shall be proportionate and restricted to what is necessary for addressing serious disruptions of critical entities or other vital societal functions or economic activities in the Union and must be in the best interest of the Union. The use of these measures shall avoid placing disproportionate administrative burden on SMEs.
Amendment 210 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons of its decision while taking into account the professional or other relevant secrecy.
Amendment 212 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain the reasons of its decision while taking into account the professional or other relevant secrecy.
Amendment 217 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The request for information shall be voluntary state its legal basis, be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
Amendment 220 #
2022/0032(COD)
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give and publish reasons for its refusal.
Amendment 220 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The owners of the undertakings or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution shallmay supply the information requested on behalf of the undertaking or the association of undertakings concerned. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shallmay remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 221 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 223 #
Amendment 226 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Commission shall carry out the procurement procedures and conclude the contracts with economic operators on behalf of the participating Member States not later than five months after receiving the request stated in paragraph 1 of this Article. The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures. The deployment and use of the purchased products shall remain the responsibility of the participating Member States.
Amendment 227 #
2022/0032(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 228 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory, technical and market development, it is appropriate, effective, proportionate and justified to establish Common purchasing tool, and, where appropriate, shall amend or terminate this article for that purpose, accompanied by an impact assessment including quantified cost-benefit analysis and an external study.
Amendment 231 #
2022/0032(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In light of this, tThe Commission, in consultation with the European Semiconductor Board, should prepar and relevant stakeholders, should assess and evaluate the grounneed for a certification of green, trusted and secure chips and embedded systems that rely on or make extensive use of semiconductor technologies. In particular, they should discuss and identify the relevant sectors and products in need of such certification. The added value of the Union certification should be quantified, accompanied with the cost-benefit analysis and confirmed by the independent assessment which should be published.
Amendment 231 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6 a. By [18 months after entering into force of this Regulation], the Commission shall assess whether, in view of regulatory, technical and market development, it is appropriate, effective, proportionate and justified to establish Common purchasing tool, and, where appropriate, shall amend or terminate this article for that purpose, accompanied by an impact assessment including quantified cost-benefit analysis and an external study.
Amendment 233 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission may, upon the request of two or more Member States, establish a mandate to act as a central purchasing body on behalf of the participating Member States (‘participating Member States’) for their public procurement of crisis-relevant products for certain critical sectors (‘common purchasing’). Common purchasing shall be exclusively used to adress supply chain shortages leading to the semiconductor crisis.
Amendment 234 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) When assessing and monitoring the market, the distinction should be made between the structural shortage and the short- or long-term shortage and the fact that the market is growing in cycles of oversupply and shortages. In light of the structural and long-term deficiencies of the semiconductor supply chain and the resulting risk of future structural or long- term shortages, this Regulation provides instruments for a coordinated approach to assessing, monitoring and effectively tackling possible market disruptions.
Amendment 235 #
2022/0032(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall notify the Commission of the designation of the national competent authority not later than 60 days after entering into force of this Regulation and, where applicable, the reasons for designating more than one national competent authority, and the national single point of contact, including their precise tasks and responsibilities under this Regulation, their contact information and any subsequent changes thereto.
Amendment 235 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and give and publish reasons for its refusal.
Amendment 236 #
2022/0032(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that national competent authorities, whenever appropriate, and in accordance with Union and national law, consult and cooperate with other relevant national authorities, as well as with relevant interested parties. The Commission shall facilitate the regular exchange of experience between national competent authorities.
Amendment 237 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Where the procurement of crisis- relevant products includes financing from the Union budget, specific conditions may be set out in specific agreements with economic operators. The contracts shall be publicly available.
Amendment 242 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessarymight be helpful to increase the ability to mitigate risks that may negatively affect the supply of semiconductors. Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
Amendment 243 #
2022/0032(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall notify the Commission of the designation of the national competent authority not later than 60 days after entering into force of this Regulation and, where applicable, the reasons for designating more than one national competent authority, and the national single point of contact, including their precise tasks and responsibilities under this Regulation, their contact information and any subsequent changes thereto.
Amendment 244 #
2022/0032(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that national competent authorities, whenever appropriate, and in accordance with Union and national law, consult and cooperate with other relevant national authorities, as well as with relevant interested parties. The Commission shall facilitate the regular exchange of experience between national competent authorities.
Amendment 251 #
2022/0032(COD)
(34) Member States should alert the Commission if relevant factors indicate a potential semiconductor crisis and, if feasible, evaluate and quantify the risk of the potential semiconductor crisis and its impact on the internal market. In order to ensure a coordinated response to address such crises, the Commission should upon the alert by a Member State or through other sources, including information from international partners, convene an extraordinary meeting of the European Semiconductor Board for assessing the need to activate the crisis stage and for discussing whether it may be appropriate, necessary and proportionate for Member States to carry out coordinated joint procurement. In case the joint procurement is considered, the Commission should evaluate and prepare a cost-benefit analysis of how the joint procurement measure helps in mitigating the risks and improving the resilience of the internal market. The Commission should engage in consultations and cooperation with relevant third countries with a view to addressing any disruptions in the international supply chain, in compliance with international obligations and without prejudice to procedural requirements under the Treaty on international agreements.
Amendment 253 #
2022/0032(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 254 #
2022/0032(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 255 #
2022/0032(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 257 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. The report shall quantify the impacts, it may consider the Total Net Present Social Value and Business Net Present Value. The report shall cover at least the following areas: (a) analysis of impacts on the foreign direct investments in the Union, including the analysis of countries structure and trends; (b) ex-ante and ex-post analysis of impact of this Regulation on the consumer welfare, including short-term and long term impacts; (c) ex-post and ex-ante cost-benefit analysis of this Regulation;Quantifiable measurable indicators that would confirm that the proposed regulation brings more benefit than costs; (d) ex-post review of the objetives stated in this Regulation, analysis of the deviations; (e) analysis of the subsudies measures in third countries, if applicable their impact on the consumer and internal market; (f) analysis of past semiconductor significant shortages and impacts of market or regulatory interventions leading to market balance.Analysis of market flexibility and market bariers in the semiconductor supply chain. (g) analysis of results and added value of investments under this Regulation
Amendment 258 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commission taking into account professional secrecy.
Amendment 258 #
2022/0032(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
This regulation shall expire by 31 December 2029.
Amendment 264 #
2022/0032(COD)
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities, inventory level of semiconductors in the critical sectors and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment.
Amendment 268 #
2022/0032(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to forecast and prepare for future disruptions of the different stages of the semiconductor value chain in the Union, the Commission should, assisted by the European Semiconductor Board, identify early warning indicators in the Union risk assessment. Such indicators could include the availability of raw materials, intermediate products and human capital needed for manufacturing semiconductors, or appropriate manufacturing equipment, the forecasted demand for semiconductors on the Union and global markets, price surges exceeding normal price fluctuation, the effect of accidents, attacks, natural disasters or other serious events, the effect of trade policies, tariffs, export restrictions, trade barriers and other trade related measures, and the effect of business closures, delocalisations or acquisitions of key market actors. Member States should monitor these early warning indicators based on available information cooperating with businesses on a voluntary basis. The indicators should be published and regularly reviewed.
Amendment 270 #
2022/0032(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In order to prevent the disruption in market competitiveness, the Commission should analyse the long-term effects of the subsidies granted in relation to this Regulation on innovations as subsidies and other forms of support can encourage complacency at recipient firms, therefore acting against technological upgrading in the semiconductor industry. The analysis should be publicly available and updated at least every 3 years.
Amendment 271 #
2022/0032(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As part of the monitoring, Member States and the Commission could specifically consider the availability and integrity of the services and goods of key markets actors. Such issues could be brought to the attention of the European Semiconductor Board by the Member State concerned.
Amendment 275 #
2022/0032(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The semiconductor crisis stage should be triggered in the presence of concrete, serious, quantified or, in the absence of sufficient information, duly estimated and reliable evidence of such a crisis. A semiconductor crisis occurs in case of serious disruptions to the supply of semiconductors leading to significant long- term structural shortages which entail significant delays and negative effects on one or more important economic sectors in the Union, either directly or through ripple effects of the shortage, given that the Union’s industrial sectors represent a strong user base of semiconductors. Alternatively or in addition, a semiconductor crisis also occurs when serious disruptions of the supply of semiconductors lead to significant long- term structural shortages which prevent the supply, repair and maintenance of essential products used by critical sectors, for instance medical and diagnostic equipment.
Amendment 279 #
2022/0032(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to ensure an agile and effective response to such a semiconductor crisis, the Commission should be empowered to activate the crisis stage by means of an implementing acts and for a predetermined duration period, taking into account the opinion of the European Semiconductor Board and relevant market stakeholders. The Commission should assess the need for prolongation and prolong the duration of the crisis stage for a predetermined period, should such a necessity be ascertained, taking into account the opinion of the European Semiconductor Board and relevant market stakeholders.
Amendment 281 #
2022/0032(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission and the Member States and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage and should be evidence-based with quantified or, in the absence of sufficient information, duly estimated impact on the internal market.
Amendment 313 #
2022/0032(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) When the crisis stage is activated, two or more Member States could mandate the Commission to aggregate demand and act on their behalf for their public procurement in the public interest, in accordance with existing Union rules and procedures, leveraging its purchasing power. The mandate could authorise the Commission to enter into agreements concerning the purchase of crisis-relevant products for certain critical sectors. The Commission should assess for each request the utility, necessity and proportionality in consultation with the Board. The Commission should also assess and quantify the effectiveness of other available measures in order to limit the threat to the functioning of the internal market, including critical entities. Where it intends to not follow the request, it should inform the concerned Member States and the Board and givepublish its reasons. Furthermore, the participating Member States should be entitled to appoint representatives to provide guidance and advice during the procurement procedures and in the negotiation of the purchasing agreements. The deployment and use of purchased products should remain within the remit of the participating Member States.
Amendment 340 #
2022/0032(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) setting up a coordination mechanism between the Member States and the Commission for monitoring the supply of semiconductors and crisis response to semiconductor shortages in specific cases.
Amendment 384 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and raw materials required to produce semiconductors or intermediate products, that are affected by the semiconductor crisis or of strategiccrucial importance to remedy the semiconductor crisis or economic effects thereof;
Amendment 385 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17 a) ‘semiconductor crisis’ means a serious disruption to the supply of semiconductors for critical entities leading to a significant secular structural shortage of products or services which leads to an extraordinary situation which poses a serious threat to the functioning, health, or security and defence of the infrastructure, economy, institutions, Member States or Union citizens; attention must be paid to the difference between the cyclical and secular shortage;
Amendment 488 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 496 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the Union’s semiconductor value chain with regard to ensur, has been assessed withing the security of supply and increasing qualified workforcState Aid balance test on the positive side;
Amendment 503 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 510 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 518 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 521 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) its establishment and operation have a clear positive impact on the EUnion’s semiconductor value chain with regard to ensuring the security of supply and increasing qualified workforce, taking into account in particular the extent to which it offers front-end or back-end, or both, production capacity to undertakings not related to the facility, if there is sufficient demand, has been assessed within the State Aid balance test on the positive side;
Amendment 534 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 543 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 552 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
Amendment 565 #
2022/0032(COD)
Amendment 594 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
When Member States receive relevant and reliable information about warning indicators identified pursuant to Article 16, they shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 598 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
(a) monitorencourage relevant stakeholders to monitor and inform them about early warning indicators identified pursuant to Article 16;
Amendment 600 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
Article 15 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) identify best practices for risk mitigation and crisis measures;
Amendment 601 #
2022/0032(COD)
(a b) assess the risks threatening the functioning of critical entities in relation to semiconductors;
Amendment 602 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
Article 15 – paragraph 1 – subparagraph 1 – point a c (new)
(a c) compare and quantify the impacts of the available risk mitigation measures;
Amendment 605 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Member States shall provide relevant findings to the European Semiconductor Board in the form of regular updates.
Amendment 610 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall invitencourage the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updatesis information.
Amendment 614 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. National competent authorities designated pursuant to Article 26(1) may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authorities in such case wishall pay particular attention to SMEs to minimise administrative burden resulting from the request and wishall privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27. Provision of such information shall be voluntary.
Amendment 619 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Where a Member State becomes aware of a potentially considerable semiconductor crisis, a significant fluctuation in demand or has concrete and reliable information of any other risk factor or event materialising, it shall immediately alert the Commission (‘early warning’).
Amendment 628 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, assess risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators and it shall publish those indicators and keep them publicly available until [6 months after the date of entry into force of this Regulation].
Amendment 632 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2 a. By [18 months after the date of entry into force of this Regulation], the Commission shall assess whether, in view of regulatory and market development, the risk assessment and early warning indicators are effective, proportionate, evidence-based and sufficient to identify the risks. The early warning indicators shall also assess the optimal level of resilience considering the market effectiveness, the resilience price premium and the risk premium. Where appropriate, the Commission shall amend or terminate this Article for that purpose, accompanied by impact assessment including quantified cost-benefit analysis and an external study.
Amendment 635 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. When monitoringassessing information about the semiconductor value chain pursuant to Article 15, Member States shall monitor the early warning indicators identified by the Commission.
Amendment 642 #
2022/0032(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
(d) the impact a disruption of supply of the service or good provided by the market actor may have on the Union’s semiconductor supply chain and dependent markets.
Amendment 657 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Before the expiry of the duration for which the crisis stage was activated, the Commission shall, after consulting the European Semiconductor Board, assess whether the activation of the crisis stage should be prolonged. Where the assessment, including quantified evidence and cost-benefit analysis, concludes that a prolongation is appropriate, the Commission may prolong the activation by means of implementing acts. The duratiSpecial attention shall be paid to a possible distortion of market competition and avoiding unneccessary isolation of the Union's market and businesses. The assessment shall be made publicly available, taking into account the professional or other relevant secrecy. The duration and reason of the prolongation shall be specified in the implementing acts adopted in accordance with Article 33(2). The Commission may repeatedly decide to prolong the activation of the crisis stage where this is appropriate.
Amendment 659 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. During theBefore and during the confirmed crisis stage, the Commission shall, upon request from a Member State or on its own initiative, convene extraordinary meetings of the European Semiconductor Board as necessary. Member States shall work closely with the Commission and coordinate any national measures taken with regard to the semiconductor supply chain within the European Semiconductor Board.
Amendment 663 #
2022/0032(COD)
5. Upon expiry of the duration for which the crisis stage is activated, the measures taken in accordance with Articles 20, 21 and 22 shall cease to apply. The Commission shall review the Union risk assessment pursuant to Article 16(2) no later than six months after the expiry of the duration of the crisis stage. The result of such review shall be published.
Amendment 665 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the crisis stage is activated and where appropriate in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In addition, the Commission may take thproportionate measures provided for in Article 21 or Article 22, or both,0 under the conditions laid down therein.
Amendment 675 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point a
Article 19 – paragraph 3 – point a
(a) assess and, quantify or, in the absence of sufficient information, duly estimate the impact of the possible imposition of protective measures, including in particular whether the market situation corresponds to a significant shortage of an essential product pursuant to Regulation 2015/479 and provide an opinion to the Commission;
Amendment 680 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall regularly inform the European Parliament and the Council of any measures taken in accordance with paragraph 1 and explain, explain and publish the reasons of its decision while taking into account the professional or other relevant secrecy requirements.
Amendment 699 #
Amendment 730 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall, in consultation with the European Semiconductor Board, assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the European Semiconductor Board and givpublish the reasons for its refusal.
Amendment 734 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Commission shall carry out the procurement procedures and conclude the contracts with economic operators on behalf of the participating Member States. not later than five months after receiving the request stated in paragraph 1 of this Article. The Commission shall invite the participating Member States to appoint representatives to take part in the preparation of the procurement procedures. The deployment and use of the purchased products shall remain the responsibility of the participating Member States.
Amendment 736 #
2022/0032(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. By [18 months after the date of entry into force of this Regulation], the Commission shall assess whether, in view of regulatory, technical and market development, it is appropriate, effective, proportionate and justified to establish a common purchasing tool, and, where appropriate, shall amend or terminate this Article for that purpose, accompanied by an impact assessment including quantified cost-benefit analysis and an external study.
Amendment 774 #
2022/0032(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall notify the Commission of the designation of the national competent authority not later than 60 days after the date of entry into force of this Regulation and, where applicable, the reasons for designating more than one national competent authority, and the national single point of contact, including their precise tasks and responsibilities under this Regulation, their contact information and any subsequent changes thereto.
Amendment 3 #
2021/2185(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that competition policy is vital to strengthening and ultimately completing the single market in that it provides a fair and level playing field for all market participants, enables the growth of innovative businesses and guarantees a high level of consumer protection and choice; stresses that consumer welfare must remain the ultimate goal of the competition policy;
Amendment 5 #
2021/2185(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the 2021OECD Recommendations on competitive neutrality, which are conceived to avoid undue regulatory and financial advantages granted to specific enterprises, be they private or state-owned, therefore ensuring competitive neutrality; calls on the Commission to maintain competitive neutrality in the regulatory environment of the internal market;
Amendment 8 #
2021/2185(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. [subtitle to be inserted before para 2] Improving competition in the services sector
Amendment 10 #
2021/2185(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that services, which account for 70% of the GDP and an equal share of its employment, represent the largest economic activity in the EU in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacles to the development of the single market for services, including through the enforcement of competition rules;
Amendment 14 #
2021/2185(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the new WTO agreement to cut red tape in services trade, so-called Joint Initiative on Services Domestic Regulation, which aims to simplify unnecessarily complicated regulations; calls on the Commission to monitor the progress and results achieved by the agreement;
Amendment 16 #
2021/2185(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Commission and Member States to effectively target the unnecessary restrictions and to diminish national protectionism in the services sector, as effective regulation is beneficial for both consumers and professionals and increases the positive impact on the productivity and competitiveness of the EU economy;
Amendment 18 #
2021/2185(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Welcomes the Commission´s effort to improve the enforcement of the single market rules of the Directive on a proportionality test for regulated professions1a by initiating the infringement procedures; calls on the Member States to properly implement the proportionality test when imposing national rules; stresses that the lack of proper implementation of the EU rules on proportionality test could ultimately disadvantage consumers in the form of excessive prices, undermine the development of innovative services or even lead to lower access to services; _________________ 1a Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions (OJ L 173, 9.7.2018, p. 25).
Amendment 19 #
2021/2185(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
Amendment 20 #
2021/2185(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Reminds that 71% of businesses considered different national services rules to be a significant or very significant obstacle to the single market according to Eurochambers 2019 survey;
Amendment 21 #
2021/2185(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Stresses that a fragmented services market hampers productivity growth in services; expresses regret over the period after the 2008-2009 crisis known as a ‘lost decade’ with respect to the EU’s productivity growth in services; recalls that since 2008, the EU’s productivity in services has grown much less than that of the US and is now half that of the US level; points out that the ‘lost decade’ has thereby fully eroded the catching up achieved before the crisis, according to the Copenhagen Economics study;
Amendment 22 #
2021/2185(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2 g. [subtitle to be inserted before para 3] Competition rules in digital markets
Amendment 23 #
2021/2185(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that ensuring the efficient regulation of digital markets constitutes a core responsibility of the Committee on the Internal Market and Consumer Protection (IMCO); highlights, in this context, the adoption of IMCO’s report on the Digital Markets Act (DMA) and notes that ex ante regulatory intervention aims to address the gaps in ex post competition law enforcement; believes that an evidence- based assessment should be used to identify firms with dominant market power and that the proportionate and targeted regime towards those companies and activities where the risk of harm is greatest would be a more effective and future-proof approach;
Amendment 30 #
2021/2185(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that current merger control rules are not fit for dealing with so- called ‘killer acquisitions’ by dominant players in digital markets; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the Commission in the framework of the DMA, as set out in IMCO’s report; agrees that optimal policy should take into account also its effect on innovation rates;
Amendment 37 #
2021/2185(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings might still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice; welcomes the Commission’s sector inquiry into the IoT and calls on the Commissioncalls on the Commission to prepare a thorough analysis of such potential impacts on the internal market, including a cost-benefit analysis of any regulatory intervention; welcomes the Commission’s sector inquiry into the IoT and calls on the Commission, where necessary and where the net benefits are proven by the impact assessment, to take further action regarding standards, data portability and access;
Amendment 41 #
2021/2185(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerns regarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual termnotes that a detailed impact assessment would be an important input for the revision discussions; calls ofn the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the marketCommission to quantify net present value of each option; _________________ 1 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 2 OJ C 130, 19.5.2010, p. 1.
Amendment 48 #
2021/2185(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomnotes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022, but highlights that these measures; stresses that the temporary framework might have already produced distortions of competition and negative effects on trade which will last in the medium and long-term, and therefore believes that it should remainstay in place until gross doonly for the time stric product and employment return to pre-tly necessary to address the immediate consequences of the pandemic levels;
Amendment 52 #
2021/2185(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to improve the transparency of the state aid evaluation process, which should include clear reasoning, state aid description, measurable indicators allowing the ex- post monitoring and evaluation; therefore highlights the need for the ex-post monitoring of the effective implementation of the adopted state aid cases; believes that also output of the consultation phase should be disclosed;
Amendment 61 #
2021/2185(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to adapt competition rules and ensure their enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global markets and to protect the securityresilience of energy supplies in the European Union, thus reducing price volatility and combating the unexpected rise in energy prices, which accounts for around half of the increase in the inflation rate; considers that potentially excessive and insufficiently evaluated investments in renewable energy linked with the negative attitude towards the carbon-free nuclear energy sources may also impact the price increase;
Amendment 66 #
2021/2185(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to create a level playing field for the different technologies and innovations in the energy sector; believes that this can be achieved, for example, by fees for negative externalities, rather than subsidies for selected solutions;
Amendment 68 #
2021/2185(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. [subtitle to be inserted before para 9] EU response to foreign subsidies
Amendment 71 #
2021/2185(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Highlights the importance of tackling foreign subsidies that are distorting the EU’s internal market and welcomnotes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised company intends to participate in EU public procurement procedures.
Amendment 73 #
2021/2185(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Expresses concern over retaliation measures against EU companies at global level, including the risk of the mirroring anti-subsidy principle directed at EU companies, for example in public procurement; stresses the key importance of creating transparent and measurable indicators and investigation procedures to establish clear framework for the assessment of the distortive effect of foreign subsidies;
Amendment 76 #
2021/2185(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Recalls that based on the OECD 2021 study, the empirical analysis there conducted finds that below-market finance may have been a contributor to excess capacity in a number of sectors, subsidies also appear to be negatively correlated with firm productivity; notes that the OECD findings also raised significant concerns about a lack of transparency in relation to below-market finance; believes that the EU should target these negative consequences of foreign subsidies on the internal market effectively, considering the potential negative effects of regulation, including the administrative and regulatory burden, retaliation measures and impact on investments and growth;
Amendment 77 #
2021/2185(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. [subtitle to be inserted] Review of competition policy and enforcement rules
Amendment 78 #
2021/2185(INI)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Notes the aim to improve competition rules and their enforcement; stresses the need to prepare in-depth analysis of the regulatory approaches in other developed markets, in order to compare their effectiveness, to avoid market failures and consumer welfare losses and to deliver the most efficient regulatory environment; notes the UK approach to target the companies with highest risk of harm, including by imposing remedies supported by fair and robust process in place to ensure that remedies are evidence-based, targeted, proportionate, and subject to appropriate legal safeguards;
Amendment 79 #
2021/2185(INI)
Draft opinion
Paragraph 9 e (new)
Paragraph 9 e (new)
9 e. Reminds the Court of Auditors recommendations1c, which state that the Commission should follow a more proactive approach by gathering and processing market relevant information in a consistent and cost-efficient manner and select cases for investigation based on clearly weighted criteria, for example by using a scoring system; highlights the need, in line with the Court of Auditors’ recommendations, for the new rules to improve the reporting of the results of the enforcement action, instead of focusing on reporting of activities; _________________ 1c 2020 Special Report; The Commission’s EU merger control and antitrust proceedings: a need to scale up market oversight
Amendment 80 #
2021/2185(INI)
Draft opinion
Paragraph 9 f (new)
Paragraph 9 f (new)
9 f. Recalls that profit-seeking behaviour should be accepted and should not be accused of being anti-competitive without objective and facts-based reason, reminds that anticompetitive behaviour is prohibited and hyper-competitive behaviour is not; reminds that particular offering attracting many consumers because of its convenience is not in itself sufficient ground for concern; calls on the Commission to distinguish those behaviours for antitrust enforcement;
Amendment 81 #
2021/2185(INI)
Draft opinion
Paragraph 9 g (new)
Paragraph 9 g (new)
9 g. Highlights the need to prepare any legislative proposal based on data, in- depth impact assessments, best practices and analyses in order to promote consumer welfare and to avoid unnecessary administrative or regulatory burden;
Amendment 82 #
2021/2185(INI)
Draft opinion
Paragraph 9 h (new)
Paragraph 9 h (new)
Amendment 83 #
2021/2185(INI)
Draft opinion
Paragraph 9 i (new)
Paragraph 9 i (new)
9 i. Reminds that in 1980, China accounted for 2,3 % of the global economy, the US 21,3 % and the current EU 27 almost 26%; notes however that in 2020, China reached 18,3 %, the US fell to 15,8 % and the EU to 15%; stresses that without economic growth, we can hardly improve healthcare, education, research or environmental protection on the internal market; calls on the Commission to analyse the key shortcomings in competition policy, including the impact of excessive administrative burden, impact of lack of legal certainty and protectionism measures at the EU and national levels;
Amendment 84 #
2021/2185(INI)
Draft opinion
Paragraph 9 j (new)
Paragraph 9 j (new)
9 j. Regrets that the number of EU unicorns is rather limited compared to other developed regions or countries; urges the Commission to analyse the regulatory environment in the most successful countries and to publish the best practices; further calls on the Commission to introduce changes to improve competition policy on the internal market to create a better suited environment for companies, including start-ups, entrepreneurs and innovators;
Amendment 85 #
2021/2185(INI)
Draft opinion
Paragraph 9 k (new)
Paragraph 9 k (new)
9 k. Agrees with the statement of Commissioner Vestager, highlighting that strong businesses would not emerge by shielding them from competition, but by exposing them to it; stresses that protectionism measures should be phased out; reminds that the right goal to improve the resilience of the internal market should not be considered as an excuse for new protectionism measures; calls on the Commission to provide analyses for each such measure in order to quantify its overall impact on the internal market and its openness;
Amendment 86 #
2021/2185(INI)
Draft opinion
Paragraph 9 l (new)
Paragraph 9 l (new)
9 l. Recalls the IMF 2021 report on Competition, Innovation, and Inclusive Growth, which states that competition and innovation-led growth are critical to drive productivity gains and support broad- based growth; notes that it also states that policies to support innovation could also improve business dynamism and reduce market power;
Amendment 87 #
2021/2185(INI)
Draft opinion
Paragraph 9 m (new)
Paragraph 9 m (new)
9 m. Urges the Commission to carry out an ex post evaluation of its enforcement decisions, including the impact of the fines and sanctions given for anti- competitive conduct in the internal market, whether they were effective and delivered intended results.
Amendment 26 #
2021/2061(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU’s low productivity and global competitiveness require urgent structural reforms and return to fiscal discipline in order to create conditions for stronger growth;
Amendment 36 #
2021/2061(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas economic growth before the pandemic relied to large degree upon unconventional and, in the long term, unsustainable monetary policy; whereas monetary policy has failed to create a momentum for productivity-enhancing reforms, a thus for sustainable growth;
Amendment 41 #
2021/2061(INI)
Motion for a resolution
Recital F
Recital F
Amendment 45 #
2021/2061(INI)
Fa. whereas in order to achieve stronger growth after pandemic the Member States need to carry out structural reforms in order to improve their competitiveness and attract growth- friendly investment;
Amendment 50 #
2021/2061(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas unprecedented levels of public debt represent a drag on the recovery, greater risk of a fiscal crisis, lower national savings and income and may lead to large tax hikes;
Amendment 66 #
2021/2061(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas principles of subsidiarity and proportionality must be respected in line with the Treaties, especially in implementing appropriate social policy and tax policy;
Amendment 90 #
2021/2061(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the RRF does not contain any common result indicators and EU level targets; recalls that according to European Court of Auditors, common result indicators would facilitate better monitoring, measurement, evaluation and audit of the implementation of the RRF at EU level, and guide Member States in using their resources more effectively1a; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/RW20_06/RW_Economic_respon se_to_Covid19_EN.pdf
Amendment 104 #
2021/2061(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that according to European Court of Auditors review growing divergences between Member States can also arise from large and persistent unemployment, investment gaps, and risks to financial stability if the economic impact spreads to the financial sector1a; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/RW20_06/RW_Economic_respon se_to_Covid19_EN.pdf
Amendment 112 #
2021/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotesIs concerned that the general escape clause of the Stability and Growth Pact will continue to be applied in 2022 and is expected to be deactivated as of 2023; stresses in this regard that fiscal rules and their proper and equal enforcement by the Commission are essential to increase fiscal discipline in the monetary union; notes, furthermore, that the decision to deactivate the general escape clause should be taken as an overall assessment of the state of the economy based on quantitative criteria, with the level of economic activity in the EU compared to pre-crisis levels as the key quantitative criterion; points out that country-specific situations will continue to be taken into account after the deactivation of the general escape clause;
Amendment 121 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that according to European Court of Auditors countries that entered the crisis with already high levels of public debt may face increased vulnerability1a; regrets the poor enforcement of the EU fiscal rules before the COVID-19 pandemic in this regard; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/RW20_05/RW_Financial_crisis_p revention_EN.pdf
Amendment 134 #
2021/2061(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the importance of decreasing public debts to lower levels; warns against higher debt financing costs once monetary accommodation is reduced;
Amendment 140 #
2021/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, should remain supportive in 2021 and 2022; calls on the Commission to share the best practices of fiscal consolidation efforts between Member States;
Amendment 155 #
2021/2061(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 157 #
2021/2061(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses European Parliament’s position that, in line with the EFB proposal, an expenditure rule with a ceiling on nominal public expenditure when a country’s public debt exceeds a certain threshold can provide more transparent fiscal rules within the EU1a; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0358_EN.html
Amendment 165 #
2021/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that Member States with high debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy; warns that boosting public investment should not be seen as an alternative to productivity-enhancing reforms; stresses the importance of the Member States using the potential of the RFRF to support the necessary structural changes and the transformation to more globally competitive, future-proof, agile industries; agrees that the growth of nationally financed current expenditure should be kept under control and be limited for Member States with high debt, allowing fiscal measures to maximise support to the recovery without pre-empting future fiscal trajectories and creating a permanent burden on public finances;
Amendment 195 #
2021/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights that the RRF is an unprecedented opportunity for all Member States to address key structural challenges and investment needs, while embracing the green and digital transitions; underlines the long-term responsibility of Member States to build their own fiscal capacities on national level in order to maintain stability and counter economic shocks;
Amendment 205 #
2021/2061(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises that public investments are limited as they represent scarce resources mostly funded by the taxpayers; underlines the need to prioritise the public investments according to their efficiency in order to support economic growth;
Amendment 207 #
2021/2061(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Stresses that principle of value for money should represent the cornerstone of all EU funded investments; points out that EU funding should be accompanied by measurable objectives and outputs including a quantifiable and comparable evaluation mechanism that will allow to compare and rank the efficiency of individual EU programmes; underlines the importance of accountability and transparency for bodies that receive EU funding;
Amendment 208 #
2021/2061(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Emphasises that attracting private investment requires a regulatory environment that allows for a return on investment; considers that predictable rules, a level playing field and reduced compliance costs are crucial factors for attracting investment;
Amendment 212 #
2021/2061(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for a focus on fiscal, growth- enhancing [growth-maximizing] structural reforms, including reforms enhancing efficient spending, and acknowledges that high-quality public finance resource management is crucial; underlines the need to define result-oriented performance indicators measuring efficiency of promoted public policies;
Amendment 219 #
2021/2061(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 222 #
2021/2061(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls that most growth-friendly structural reforms do not require fiscal space but rather legislative and administrative efforts aimed at strengthening market forces and private sector initiatives;
Amendment 224 #
2021/2061(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Reminds that high levels of taxation in Europe are a hindrance to investments and jobs;
Amendment 232 #
2021/2061(INI)
15a. Recalls the positive practice of transparency in several Member States in the form of mandatory disclosure of contracts concluded by the public sector which supports the efficiency of public finances and promotes economic growth;
Amendment 260 #
2021/2061(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that Member States, in their recovery and resilience plans, are required to effectively address all or a significant subset of challenges identified in the relevant CSRs, including the fiscal aspects thereof, and that beyond the scope of the RRF, those recommendations that are not addressed remain valid and will continue to be monitored under the European Semester framework; regrets low rate of full or substantial implementation of Semester’s relevant recommendations, which remains a challenge1a; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/RW20_05/RW_Financial_crisis_p revention_EN.pdf
Amendment 104 #
2021/0433(CNS)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) The proposal lacks a comprehensive impact assessment that shall be carried out before this directive enters into force; Impact assessment needs to take into account a scenario that USA and other major trading partners do not implement OECD Model Rules or implement them with a significant delay.
Amendment 105 #
2021/0433(CNS)
Proposal for a directive
Recital 24 b (new)
Recital 24 b (new)
(24 b) The growing importance of intangible assets in value creation highlights further flaws in the new international CIT rules.
Amendment 106 #
2021/0433(CNS)
Proposal for a directive
Recital 24 c (new)
Recital 24 c (new)
(24 c) It is of the utmost importance that the final version of the OECD Model Rules is transposed into this directive without any unnecessary additions which could render the Member States and EU companies not competitive with the rest of the world.
Amendment 107 #
2021/0433(CNS)
Proposal for a directive
Recital 24 d (new)
Recital 24 d (new)
(24 d) The directive shall be interpreted in line with the OECD Commentary to the GloBE Model Rules, provided that these are in compliance with EU law.
Amendment 121 #
2021/0433(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 18 – introductory part
Article 3 – paragraph 1 – point 18 – introductory part
(18) ‘controlling interest’ means an oOwnership iInterest in an eEntity wherebysuch that the interest holder is required, or would have been: (a) is required, to consolidate the assets, liabilities, income, expenses and cash flows of the eEntity on a line-by-line basis, in accordance with an aAcceptable fFinancial aAccounting standardStandard; or (b) would have been required to consolidate the assets, liabilities, income, expenses and cash flows of the Entity on a line-by-line basis if the interest holder had prepared Consolidated Financial Statements;
Amendment 122 #
2021/0433(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘ownership interest’ means any equity interest that carries rights to the profits, capital or reserves of an eEntity, or a pincluding the profits, capital or reserves of a Main Entity’s Permanent eEstablishment;
Amendment 125 #
2021/0433(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 25 – point a
Article 3 – paragraph 1 – point 25 – point a
(a) it is designed to pool assets which may be financial orand non-financial assets, from a number of mostly non-related investorsinvestors some of which are not connected;
Amendment 126 #
2021/0433(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 25 – point e
Article 3 – paragraph 1 – point 25 – point e
(e) its investors have a right to return from the assets of the fund or income earned on those assets, based on the contribution they mades made by those investors;
Amendment 128 #
2021/0433(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 32 – point a
Article 3 – paragraph 1 – point 32 – point a
(a) a refundable tax credit designed in such a way such that it is payable asmust be paid as cash payment oror available as cash equivalent to a constituent entitys within four years from the date when the cwhen a Constituent eEntity is entitled tosatisfies the conditions for receiveing the refundable tax credit under the laws of the jurisdiction granting the credit; or
Amendment 131 #
2021/0433(CNS)
Proposal for a directive
Article 3 – paragraph 1 – point 32 – point b
Article 3 – paragraph 1 – point 32 – point b
(b) if theA tax credit that is refundable in part, the portion of the r is a Qualified Refundable tTax cCredit that is payable aso the extent it must be paid as cash payment or aor available as cash equivalent to a cs within four years from when a Constituent eEntity withinsatisfies the conditions four years from the date when the constituent entity is entitled to receive the partial refundable tax credit;receiving the credit under the laws of the jurisdiction granting the credit. A Qualified Refundable Tax Credit does not include any amount of tax creditable or refundable pursuant to a Qualified Imputation Tax or a Disqualified Refundable Imputation Tax.
Amendment 139 #
2021/0433(CNS)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The IIR top-up tax due by a pA Parent eEntity in respect’s Allocable Share of the Top-up Tax of a lLow-tTaxed cConstituent eEntity pursuant to Articles 5, 6 and 7 shall beis an amount equal to the tTop-up tTax of the lLow-tTaxed cConstituent eEntity, as computed in accordance with Article 26, multiplied by the pParent eEntity’s allocable share in such top-up taxInclusion Ratio for the Low- Taxed Constituent Entity for the fFiscal yYear.
Amendment 140 #
2021/0433(CNS)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A pParent eEntity’s allocable share in the top-up tax with respect to a lInclusion Ratio for a Low-Taxed Constituent Entity for a Fiscal Year is the ratio of: (a) the GloBE Income of the Low-Taxed Constituent Entity for the Fiscal Year, reduced by the amount of such income attributable to Ownership Interests held by other owners, to (b) the GloBE Income of the Low-Taxed Constituent Entity for the Fiscal Year. The amount of GloBE Income attributable to Ownership Interests in a Low-Taxed Constituent Entity held by other owners is the amount that would have been treated as attributable to such owners under the principles of the Acceptable Financial Accounting Standard used in the Ultimate Parent Entity’s Consolidated Financial Statements if the Low-tTaxed cConstituent eEntity shall be the proportion of the parent entity’s interest in the income’s net income were equal to its GloBE Income and: (a) the Parent Entity had prepared Consolidated Financial Statements in accordance with that accounting standard (the hypothetical Consolidated Financial Statements); (b) the Parent Entity owned a Controlling Interest in the Low-Taxed Constituent Entity such that all of the income and expenses of the Low-Taxed Constituent Entity were consolidated on a line-by-line basis with those of the Parent Entity in the hypothetical Consolidated Financial Statements; (c) all of the lLow-tTaxed constituent entity. Constituent Entity’s GloBE Income were attributable to transactions with persons that are not Group Entities; and (d) all Ownership Interests not directly or indirectly held by the Parent Entity were held by persons other than Group Entities.
Amendment 145 #
2021/0433(CNS)
Proposal for a directive
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. The nNumber of eEmployees shall be the, for the purposes of the UTPR percentage, means the total number of employees on a full- time equivalent basis of all cthe Constituent eEntities locatedresident for tax purposes in the relevant tax jurisdiction, including. For this purpose, independent contractors provided that they participateing in the ordinary operating activities of the cConstituent eEntity are reported as employees.
Amendment 150 #
2021/0433(CNS)
Proposal for a directive
Article 15 – paragraph 1 – point a – point i
Article 15 – paragraph 1 – point a – point i
(i) cany Covered tTaxes accrued as an expense and any current and deferred Covered Taxes included in the income tax expense, including Covered Taxes on income that is excluded from the GloBE Income or Loss computation;
Amendment 151 #
2021/0433(CNS)
Proposal for a directive
Article 15 – paragraph 1 – point b – point i
Article 15 – paragraph 1 – point b – point i
(i) an odefined as Ownership iInterests in an eEntity of less than 10% (a “portfolio shareholding”) in respect of which a constituent entity is entitled to all or substantially all of the rights tothat are held by the MNE Group and that carry rights to less than 10% of the profits, capital or, reserves, irrespective of whether the constituent entity owns the legal ownership of such portfolio, for less than one yearor voting rights of that Entity at the date of the distribution or disposition; and
Amendment 205 #
2021/0433(CNS)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. A constituent entity that does not comply with the requirement to file a top- up tax information return pursuant to Article 42 for a tax year within the prescribed deadline or makes a false declaration shall be charged an administrative pecuniary penalty amounting to 5 % of its turnover in the relevant fiscal yearspecified by Member State in accordance with the national law. Administrative pecuniary penalties shall be effective, proportionate and dissuasive. This penalty shall only apply after the constituent entity has not provided the top-up tax information return pursuant to Article 42, following any reminder issued, within a period of 6 months.
Amendment 222 #
2021/0433(CNS)
Proposal for a directive
Article 47 – paragraph 4 – subparagraph 1
Article 47 – paragraph 4 – subparagraph 1
For MNE groups that are within the scope of this Directive when it enters into force, the five-year period referred to in paragraph 1 shall start on 1 January 20234.
Amendment 226 #
2021/0433(CNS)
Proposal for a directive
Article 47 – paragraph 4 – subparagraph 2
Article 47 – paragraph 4 – subparagraph 2
For MNE groups that are within the scope of this Directive when it enters into force, the five-year period referred to in paragraph 2 shall start on 1 January 20245.
Amendment 233 #
2021/0433(CNS)
Proposal for a directive
Article 50 – paragraph 2
Article 50 – paragraph 2
2. For large-scale domestic groups that are in scope of this Directive when it enters into force, the five-year period abovementioned shall start on 1 January 20234.
Amendment 235 #
2021/0433(CNS)
Proposal for a directive
Article 51 – paragraph 3 a (new)
Article 51 – paragraph 3 a (new)
3 a. Before 01.01.2027, and then every 4 years, the Commission shall present a report to the European Parliament and the Council on the application of this Directive. The report shall assess at least the following: (a) whether any adjustments are needed to the definitions set out in this Directive, to ensure that the GloBE Model Rules are implemented uniformly and consistently with G20 members; (b) the impact of this Directive on the competitiveness of European economy, particularly in comparison to those G20 members who do not implement GloBE Model Rules; (c) the effects of this Directive on national laws, regulations and administrative provisions governing penalties; (d) the application of the administrative penalties; (e) the appropriateness and impact of expanding the scope of this Directive to EU based companies; (f) the cooperation between national competent authorities and the cooperation with third countries national authorities; (g) the total volume of top-up tax collected by each and individual Member State; (h) the number and a character of disputes occurring in the EU and between the Member States and third countries in relation to this Directive; (i) the administrative and economic costs of this Directive for Member States as a percentage of their GDP; (j) types and trends of unforeseen and inappropriate behaviour occurring in relation to this Directive.
Amendment 251 #
2021/0433(CNS)
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 20223 provided that GloBE Model Rules were implemented by at least ten G20 members, including the USA.
Amendment 255 #
2021/0433(CNS)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
They shall apply those provisions from 1 Januaryin respect of the fiscal years beginning as from 31 December 2023.
Amendment 260 #
2021/0433(CNS)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
However, they shall apply the provisions necessary to comply with Articles 11, 12 and 13 from 1 Januaryin respect of the fiscal years beginning as from 31 December 2024.
Amendment 32 #
2021/0406(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The modern interconnected world economy creates an increased risk of, and opportunity for,enhances the nations to engage in a dialogue, increases global investment and competition, which creates a larger variety of choices for consumers but creates also a risk of economic coercion, as it provides countries with enhanced, including hybrid, means to deploy such coercion. It is desirable that the Union contribute to the creation, development and clarification of international frameworks for the prevention and elimination of situations of economic coercion. The use of economic coercion against the Union and the Member States has steadily increased relative to its diminishing share of the global economy. Economic and productivity growth needs to remain a priority as an efficient tool for the prevention of economic coercion.
Amendment 35 #
2021/0406(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its Member States. This is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment may include not only actions taken on, and having effects within, the territory of the third country, but also actions taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to economic activities in the Union. In order to effectively address the harm to economic activities, the Union needs to quantify or at least estimate the value of the impact on economic activities in the Union.
Amendment 40 #
2021/0406(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. In order to avoid using this Regulation incorrectly, such as to protect the Union´s industries from foreign competition, it is essential to clearly define the conditions for activation of this instrument as well as clear criteria for triggering specific actions under the mechanism.
Amendment 43 #
2021/0406(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In accordance with the principle of proportionality, it is necessary and appropriate, for creating an effective and comprehensivetransparent framework for Union action against economic coercion, to lay down rules on the examination, determination and counteraction with regard to third countries’ measures of economic coercion. In particular, the Union’s response measures should be preceded by an examination of the facts, a determination of the existence of economic coercion and quantification of its impact on the Union, and, wherever possible, efforts to find a solution in cooperation with the third country concerned. Any measures imposed by the Union should be commensurate with the injury caused by the third countries’ measures of economic coercion. The objective criteria for defining the Union response measures should take into account in particular the need to avoid or minimise collateral effects, administrative burdens and costs imposed on Union economic operators as well as the Union’s interest. Therefore, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.
Amendment 44 #
2021/0406(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty, when the coercion reaches a certain qualitative orand quantitative threshold, depending on both the ends pursued and the means deployed. The Commission should examine the third- country action on the basis of qualitative and quantitative criteria that help in determining whether the third country interferes in the legitimate sovereign choices of the Union or a Member State and whether its action constitutes economic coercion which requires a Union response.
Amendment 46 #
2021/0406(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Union should only impose countermeasures when other means such as negotiations, mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the Union or its Member States, and where action is necessary to protect the interests and rights of the Union and its Member States and it is in the Union’s interest. It is appropriate that the Regulation sets out the applicable rules and procedures for the imposition and application of Union response measures and permits expeditious action where necessary to preserve the effectiveness of any Union response measures. Such applicable rules and published guidelines should ensure that the Regulation avoids advocating protectionism in order to promote open and rules-based trade.
Amendment 49 #
2021/0406(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected, calculated and designed on the basis of objective criteria, including: the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
Amendment 50 #
2021/0406(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In pursuing the objective of obtaining the cessation of the measure of economic coercion, Union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of Union response measures and in particular to prevent their avoidance. The decision to impose any such restrictions will be quantified and duly justified in implementing acts adopted pursuant to this Regulation in the light of the criteria specified in this Regulation.
Amendment 54 #
2021/0406(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to allow the update of the range of Union response measures under this Regulation and the adjustment of the rules of origin or of other technical rules, 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 to amend the list of Union responses set out in Annex I and technical rules necessary for the application of the Regulation, including rules of origin laid down in Annex II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making.12 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 12 OJ L 123, 12.5.2016, p. 1.
Amendment 56 #
2021/0406(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should thoroughly evaluate measures adopted under this Regulation as to their effectiveness, impact, cost-benefit ratio and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation. This review should cover the scope, functioning, efficiency, impact and effectiveness of this Regulation. The Commission should report regularly on its assessment to the European Parliament and the Council,
Amendment 62 #
2021/0406(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) the extent to which a third country's coercion is a reaction to an action of a Member State, and whether Member State consulted the Commission or other Member States about potential consequences of such action;
Amendment 63 #
2021/0406(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a b (new)
Article 2 – paragraph 2 – point a b (new)
(a b) whether the third country concluded the trade agreement or other trade partnership with the Union;
Amendment 66 #
2021/0406(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. By 30 June 2023, the Commission shall adopt guidelines with a clarification on the application of each criteria set out in paragraph 2, the methodology to quantify the economic coercion, the criteria for the establishment of measures of economic coercion together with examples and clarification on applying the Union response measures in Annex I to facilitate application of this Regulation. Those guidelines shall clearly differentiate measures stipulated in this Regulation from other forms of the EU trade defense instruments. Those guidelines shall be regularly updated.
Amendment 68 #
2021/0406(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may carry out the examination referred to in paragraph 1 on its own initiative or following information received from any source. The Commission shall carry out the examination referred to in paragraph 1 following information received from at least 4 Member States. The Commission shall ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
Amendment 71 #
2021/0406(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Commission mayshall seek information about the impact of the measures of the third country concerned. The Commission shall quantify and publish the impact of the measures or provide the best estimate of the impact, where applicable.
Amendment 75 #
2021/0406(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Following an examination carried out in accordance with Article 3, and endorsement of the examination results by the Member States, the Commission shall adopt a decision determining whether the measure of the third country concerned meets the conditions set out in Article 2(1). The Commission shall act expeditiously.
Amendment 77 #
2021/0406(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Prior to adopting its decision, the Commission mayshall invite the third country concerned to submit its observations.
Amendment 84 #
2021/0406(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
The Commission shall remain open to engage with the third country concerned after the adoption of Union response measures pursuant to Article 7. The Commission may pursue these efforts, as the case may be, in conjunction with a suspension, pursuant to Article 10(2), of any Union response measures.
Amendment 89 #
2021/0406(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments. Such measures shall not violate international law.
Amendment 95 #
2021/0406(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable quantified damage to the Union or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months.
Amendment 96 #
2021/0406(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 100 #
2021/0406(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The Commission shall select and design an appropriate response measure taking into account the determination made pursuant to Article 4, the criteria set out in Article 2(2) and the Union’s interest, on the basis of available information, including as collected pursuant to Article 11, and the following objective criteria:
Amendment 103 #
2021/0406(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. By 30 June 2023, the Commission shall adopt guidelines to clarify application of each criteria set out in paragraph 2, criteria establishing calculation, selection and design of response measures together with examples and the minimum thresholds to trigger response measures for the injury to the Union or a Member State due to the third country’s measures of economic coercion. Those guidelines shall be regularly updated.
Amendment 104 #
2021/0406(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Any decision to apply restrictions with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union shall be duly justified and impacts of those restrictions shall be quantified in the implementing act referred to in paragraph 1 of Article 7 in light of the above criteria.
Amendment 106 #
2021/0406(COD)
When at least four Member States inform the Commission that they consider the decision unsatisfactory, they shall inform the Commission thereof with a detailed explanation within 30 days after its adoption and the Commission shall, after consulting the committee responsible, decide to maintain, to maintain with restriction or to withdraw that decision.
Amendment 110 #
2021/0406(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where it is necessary to make adjustments to Union response measures taking into account the conditions and criteria laid down in Articles 2 and 9(2), analysis of the effectiveness of the Union response measures or further developments, including the third country’s reaction, the Commission may, as appropriate, amend Union response measures adopted in accordance with Article 7, by means of an implementing act, in accordance with the examination procedure referred to in Article 15(2).
Amendment 118 #
2021/0406(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point a a (new)
Article 11 – paragraph 4 – point a a (new)
(a a) the impact of such measures on consumer welfare in the Union, economic and productivity growth of Union and Member States and impact on businesses;
Amendment 119 #
2021/0406(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
(b a) the interaction of such measures with the measures of third countries also affected by the economic coercion, including consideration of third countries best practices;
Amendment 122 #
2021/0406(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Prior to the adoption of an implementing act in accordance with Article 7(6) or Article 10(5), the Commission shall seek information and views from relevant stakeholders in a targeted manner, unless the imperative grounds of urgency are such that information seeking and consultations are not possible or not needed for objective reasons, for instance to ensure compliance with international obligations of the Unionare not possible or for instance to ensure compliance with international obligations of the Union. The implementing act shall include the detailed explanation in case no consultation in accordance with this article took place.
Amendment 123 #
2021/0406(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Paragraph 2 shall not preclude the Commission to disclose general information in a summary form, which does not contain information allowing to identify the supplier of the information. The Commission shall consult the summary form with the supplier of information prior to the disclosure. Such disclosure shall take into account the legitimate interest of the parties concerned in not having confidential information disclosed.
Amendment 124 #
2021/0406(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 7(7) and 13(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force].
Amendment 125 #
2021/0406(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The delegation of power referred to in Articles 7(7) and 13(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 126 #
2021/0406(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
A delegated act adopted pursuant to Articles 7(7) and 13(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 130 #
2021/0406(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. No later than three years after the adoption of the first implementing act under this Regulation orEvery six years and for the first time six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report to the European Parliament and the Council.
Amendment 132 #
2021/0406(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
Amendment 134 #
2021/0406(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
This Regulation shall expire on 31 December 2032.
Amendment 125 #
2021/0376(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 132 #
2021/0376(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 150 #
2021/0376(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Long-term, illiquid loans held by AIF may create liquidity mismatches if the AIFs open-ended structure allows investors to redeem their fund units or shares on a frequent basis. It is therefore necessary tTo mitigate risks related to maturity transformation by imposing a closed-ended structure for AIFMs originating loans because close-ended funds would not be vulnerable to redemption demands and could hold originshould demonstrate to their home Member State competent authority they have appropriated loans to maturityiquidity risk management measures in place.
Amendment 180 #
2021/0376(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
Amendment 182 #
2021/0376(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The requirements for third-country entities with access to the internal market should be aligned to the standards laid down in the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes43 and Directive (EU) 2015/849 of the European Parliament and of the Council.44 In addition, non-EU AIFs or non-EU AIFMs that are subject to national rules and that are active in individual Member States should satisfy the requirement that they are not located in a third country that is deemed un-cooperative in tax matters at the time of the notification to the competent authorities of the AIFM home Member State. __________________ 43 OJ C 64, 27.2.2020, p.8. 44 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
Amendment 186 #
2021/0376(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 191 #
2021/0376(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 202 #
2021/0376(COD)
Proposal for a directive
Recital 48
Recital 48
Amendment 229 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2011/61/EU
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) the following information on arrangements made for the delegation and sub-delegation to third parties of functions as referred to in Article 20 and a detailedthird parties of functions: a. the legal name and, where available, legal entity identifier (LEI) of the AIFM; b. the legal name and, where available, LEI of the AIF and its investment strategy; c. the legal name and, where available, LEI of each delegate, its jurisdiction of establishment and, where relevant, its supervisory authority; d. a brief description of the delegated risk management functions, including whether each such delegation amounts to a partial or full delegation; e. a brief description of the delegated portfolio management functions, by investment strategy and relevant geographies, including whether each such delegation amounts to a partial or full delegation; f. a brief description of other functions listed in Annex I which the AIFM additionally performs; and a description of the human and technical resources to be used by the AIFM for monitoring and controlling the delegate.;
Amendment 232 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2011/61/EU
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 246 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2011/61/EU
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 250 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2011/61/EU
Article 7 – paragraph 9
Article 7 – paragraph 9
9. By 30 June 2027 and then every 6 years, ESMA shall provide the European Parliament, the Council and the Commission with regular reports, at least every two yearports, analysing market practices regarding delegation to entities located in third countries and compliance with Articles 7 and 20.;
Amendment 263 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2011/61/EU
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
(d) for loan granoriginating activities, other than in respect of shareholder loans or venture capital convertible loans where such loans do not exceed in aggregate 150% of the capital of the AIF, implement effective policies, procedures and processes for the granting of credit, for assessing the credit risk and for administering and monitoring their credit portfolio, keep those policies, procedures and processes up to date and effective and review them regularly and at least once a year.;
Amendment 271 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
(c a) an entity within the same group as defined in Article 2(11) of Directive 2013/34/EU, except where that entity is a financial undertaking that only finances borrowers not stipulated in points (a) to (c a) of this paragraph.
Amendment 273 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2011/61/EU
Article 15 – paragraph 4e
Article 15 – paragraph 4e
Amendment 280 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2a – subparagraph 1
Article 16 – paragraph 2a – subparagraph 1
An AIFM shall ensure that the AIF it manages is closed-ended if the notional value of its originated loans exceeds 60 % of its net asset valueAIFM is not able to demonstrate sound liquidity risk management.
Amendment 290 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2d
Article 16 – paragraph 2d
2d. An AIFM shall, without delay, notify the competent authorities of its home Member State when activating or deactivating a liquidity management tool mentioned in 2bset out in points 1 to 4 in Annex V.
Amendment 293 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 298 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2g
Article 16 – paragraph 2g
2g. ESMA shall develop draft regulatory technical standards on criteria for the selection and use of suitable liquidity management tools by the AIFMs for liquidity risk management, includingguidelines on appropriate disclosures to investors, taking into account the capability of suchliquidity management tools to reduce undue advantages for investors that redeem their investments first, and to mitigate financial stability risks. The AIFMD shall be primarily responsible for liquidity risk management.
Amendment 299 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/61/EU
Article 16 – paragraph 2h
Article 16 – paragraph 2h
Amendment 330 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a – point ii
Article 1 – paragraph 1 – point 9 – point a – point ii
Directive 2011/61/EU
Article 23 – paragraph 1 – point i a
Article 23 – paragraph 1 – point i a
Amendment 333 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2011/61/EU
Article 23 – paragraph 4 – point e
Article 23 – paragraph 4 – point e
(e) on a quarterlyn annual basis, all direct and indirect fees and charges that were directly or indirectly charged or allocated to the AIF or to any of its investmentsto the AIF;
Amendment 334 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2011/61/EU
Article 23 – paragraph 4 – point f
Article 23 – paragraph 4 – point f
(f) on a quarterlyn annual basis, any parent company, subsidiary or special purpose entity established in relation to the AIF’s investments by the AIFM, the staff of the AIFM or the AIFM’s direct or indirect affiliates.;
Amendment 339 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b a (new)
Article 1 – paragraph 1 – point 10 – point b a (new)
Directive 2011/61/EU
Article 24 – paragraph 2 – point e a (new)
Article 24 – paragraph 2 – point e a (new)
(b a) in paragraph 2, the following point is added: (e a ) the leverage employed by the AIF, calculated as a percentage of the capital of the AIF using the commitment approach;
Amendment 340 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b b (new)
Article 1 – paragraph 1 – point 10 – point b b (new)
Directive 2011/61/EU
Article 24 – paragraph 2 – point e b (new)
Article 24 – paragraph 2 – point e b (new)
(e b) any modification on the arrangements of the delegation and sub- delegation to third parties provided at the time of authorisation;
Amendment 346 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point c
Article 1 – paragraph 1 – point 10 – point c
Directive 2011/61/EU
Article 24 – paragraph 6 – subparagraph 1
Article 24 – paragraph 6 – subparagraph 1
ESMA shall develop draft regulatory technical standards specifying the details to be reported according to paragraphs 1 and 2. Regulatory technical standards shall set out the appropriate level of standardisation of the information to be reported without broadening existing or introducing additional reporting elements not stipulated in this Directive. To avoid reporting duplication, ESMA shall take into account other reporting requirements to which the AIFMs are subject and the report issued in accordance with paragraph 2 of Article 69b.
Amendment 358 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2011/61/EU
Article 35 – paragraph 2 – point c
Article 35 – paragraph 2 – point c
(c) the third country where the non-EU AIF is established has signed an agreement with the home Member State of the authorised AIFM and with each other Member State in which the units or shares of the non-EU AIF are intended to be marketed, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements, and, at the time of the notification to the competent authorities of the AIFM home Member State, the third country is not mentioned in Annex I to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes54 .; __________________ 54 OJ C 64, 27.2.2020, p. 8.
Amendment 364 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/61/EU
Article 37 – paragraph 7 – point e
Article 37 – paragraph 7 – point e
(e) the third country where the non-EU AIFM is established is not identified as a high-risk third country pursuant to Article 9(2) of Directive (EU) 2015/849 at the time of the notification to the competent authorities of the AIFM home Member State;
Amendment 366 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
(f) the third country where the non-EU AIFM is established has signed an agreement with the Member State of reference, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements and the third country is not mentioned in Annex I to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes at the time of the notification to the competent authorities of the AIFM home Member State.;
Amendment 373 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2011/61/EU
Article 38a – paragraph 1
Article 38a – paragraph 1
1. ESMA shall, on a regular basis and at leastBy 30 June 2027 and then every two6 years, ESMA shall conduct a peer review analysis of the supervisory activities of the competent authorities in relation to the application of Article 20. That peer review analysis shall focus on the measures taken to prevent that AIFMs, which delegate performance of portfolio management or risk management to third parties located in third countries, become letter-box entities.
Amendment 374 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/61/EU
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) the third country where the non-EU AIF is established is not identified as a high-risk third country pursuant to Article 9(2) of Directive (EU) 2015/849 at the time of the notification to the competent authorities of the AIFM home Member State and;
Amendment 376 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/61/EU
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) the third country where the non-EU AIF is established has signed an agreement with the Member State of reference and with each other Member State in which the units or shares of the non-EU AIF are intended to be marketed which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters including any multilateral tax agreements, and the third country is not mentioned in Annex I to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes at the time of the notification to the competent authorities of the AIFM home Member State.;
Amendment 380 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2011/61/EU
Article 42 – paragraph 1 – point d
Article 42 – paragraph 1 – point d
(d) the third country where the non-EU AIF or non-EU AIFM is established has signed an agreement with the Member State in which the units or shares of the non-EU AIF are intended to be marketed, which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention on Income and on Capital and ensures an effective exchange of information in tax matters, including any multilateral tax agreements, and that third country is not mentioned in Annex I to the Council conclusions of 2020 on the revised EU list on non-cooperative jurisdictions for tax purposes at the time of the notification to the competent authorities of the AIFM home Member State.;
Amendment 385 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2011/61/EU
Article 46 – paragraph 2 – point j
Article 46 – paragraph 2 – point j
(j) in the interest of investors or of the public, in exceptional circumstances and after proper consultation with the AIFM, require AIFMs to activate or deactivate a liquidity management tool referred to in point 1 or 2 of Annex V or selected by the AIFM in accordance with Article 16(2b), whichever is more suitable considering the type of open-ended AIF or group of open- ended AIFs concerned and reasonable and balanced investor protection or financial stability risks that necessitate this requirement.;
Amendment 389 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2011/61/EU
Article 47 – paragraph 4 – point d
Article 47 – paragraph 4 – point d
Amendment 405 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Directive 2011/61/EU
Article 50 – paragraph 7 – subparagraph 1
Article 50 – paragraph 7 – subparagraph 1
ESMA shall develop draft regulatory technical standards indicating in which situations the competent authorities may exercise the powers set out in Article 46(2), point (j) and in which situations they may put forward the requests referred to in paragraphs 5b and 5f. When developing those standards, ESMA shall consider the potential implications of such supervisory intervention for reasonable and efficient investor protection and the financial stability in another Member State or in the Union. The AIFM shall be primary responsible for liquidity risk management and such intervention by the competent authorities is a last resort.
Amendment 413 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 1 – introductory part
Article 69b – paragraph 1 – introductory part
1. By [Please insert date = 60 months after the entry into force... [7 years after the day of the transposition of this Directive] and following the peer reviews by ESMA referred to in Article 38a and reports produced by ESMA in accordance with Article 7(9), the Commission shall initiate a review of the functioning of the rules laid down in this Directive and the experience acquired in applying them. That review shall include an assessment of the following aspects:
Amendment 417 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 2 – introductory part
Article 69b – paragraph 2 – introductory part
2. By [Please insert date = 24 month... [5 years after the entry into force of this Directive], ESMA shall submit to the Commission a report for the development of an integrated supervisory data collection, which shall focus on how to:
Amendment 418 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4
Article 69b – paragraph 4
4. FBy 30 June 2030 and then every 7 years, following the review referred to in paragraph 1, and after consulting ESMA, the Commission shall submit a report to the European Parliament and to the Council presenting the conclusions of that review.;
Amendment 419 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4 – subparagraph 1 a (new) – introductory part (new)
Article 69b – paragraph 4 – subparagraph 1 a (new) – introductory part (new)
That report shall further include information on:
Amendment 420 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4 – subparagraph 1 a (new) – points a to c (new)
Article 69b – paragraph 4 – subparagraph 1 a (new) – points a to c (new)
(a) cooperation and data exchange about AIFs and AIFMs between various monitoring and supervisory authorities both, on the Union and national level and possible weaknesses in information sharing; (b) the quality of funds supervision and level of enforcement in each Member state; (c) the benefits of the delegation rules in terms of competitiveness and Union investor access to a global and pool of investment opportunities;
Amendment 421 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4 – subparagraph 1 a (new) – points d to f (new)
Article 69b – paragraph 4 – subparagraph 1 a (new) – points d to f (new)
(d) the functioning of the market for AIFs in the Union, including market and regulatory development and trends, taking into account supervisory experience; (e) information about the number of AIFs registered per year and their market share, as well as the impact of this Directive on the Union market share in comparison to the global AIFs market share; (f) the necessity and proportionality of subjecting AIFs to reporting obligation according to this Directive;
Amendment 422 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4 – subparagraph 1 a (new) – points g and h (new)
Article 69b – paragraph 4 – subparagraph 1 a (new) – points g and h (new)
Amendment 423 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4 – subparagraph 1 a (new) – points i to k (new)
Article 69b – paragraph 4 – subparagraph 1 a (new) – points i to k (new)
(i) the costs of complying with this Directive for AIFMs differentiated according to their size; (j) the potential regulatory conflict between the Union and the leading AIFs markets; (k) types and trends of fraudulent behaviour of investors, AIFMs and third parties occurring in relation to this Directive.
Amendment 424 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 4 – subparagraph 1 b (new)
Article 69b – paragraph 4 – subparagraph 1 b (new)
The Commission shall gather information for this report without broadening reporting obligation, including for AIFMs, using information from all relevant and reliable sources, including European institutions, national competent authorities or internationally recognised bodies and organisations.
Amendment 442 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 454 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 464 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive 2009/65/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. By 30 June 2027 and every 6 years, ESMA shall provide the European Parliament, the Council and the Commission with regular reports, at least every two years,ports analysing market practices regarding delegation to entities located in third countries and compliance with Articles 7 and 13.
Amendment 474 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2009/65/EC
Article 18a – paragraph 3
Article 18a – paragraph 3
Amendment 478 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2009/65/EC
Article 18a – paragraph 4
Article 18a – paragraph 4
4. ESMA shall develop draft regulatory technical standards on criteria for the selection and use of suitable liquidity management tools by the management companies for liquidity risk management, including appropriate disclosures to investors, taking into account the capability of such tools to reduce undue advantages for investors that redeem their investments first, and to mitigate financial stability risks. The UCITSs shall be primarily responsible for liquidity risk management, including their selection and use of liquidity management tools.
Amendment 479 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 1
Article 20a – paragraph 1
Amendment 484 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 1 a (new)
Article 20a – paragraph 1 a (new)
1a. The ECB and national authorities shall grant ESMA access to data on assets and liabilities (fund inventories) of UCITS funds provided by fund managers pursuant to Regulation ECB/2013/38.
Amendment 491 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 2
Article 20a – paragraph 2
Amendment 493 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 2 – subparagraph 1
Article 20a – paragraph 2 – subparagraph 1
ESMA shall develop draft regulatory technical standards specifying the details to be reported in accordance with paragraph 1. ESMA shall take into account other reporting requirements to which the management companies are subject and the report issued in accordance with Article 20b. Regulatory technical standards shall set out the appropriate level of standardisation of the information to be reported without broadening existing or introducing additional reporting elements not stipulated in this Directive. To avoid reporting duplication, ESMA shall take into account other reporting requirements to which UCITSs are subject.
Amendment 498 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 3
Article 20a – paragraph 3
Amendment 505 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20a – paragraph 3 – subparagraph 1 a (new)
Article 20a – paragraph 3 – subparagraph 1 a (new)
In order to avoid duplication and inconsistency in presentation, the format should align with data provided by AIFMs to the central banks of a relevant Member State in line with Regulation ECB/2013/38.
Amendment 510 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20b – paragraph 1 – point b a (new)
Article 20b – paragraph 1 – point b a (new)
(b a) improve the cost-benefit balance of collected information burden for UCITS and investors´ overall benefit.
Amendment 511 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive 2009/65/EC
Article 20b – paragraph 1 – subparagraph 1 a (new)
Article 20b – paragraph 1 – subparagraph 1 a (new)
1 a. In this report, ESMA shall also provide detailed comparison and best practices of data collection in the Union with world leading markets for retail investment funds and the impact of data collection on competitiveness.
Amendment 515 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 2 – point b
Article 84 – paragraph 2 – point b
(b) in the interest of the unit-holders or of the public, competent authorities of a UCITS home Member State may require a UCITS to activate a liquidity management tool referred to in points 1 or 2 of Annex IIA or selected and notified by the UCITS in accordance with Article 18a(2), whichever is more suitable considering the type of UCITS and the risks that necessitate taking this measure.
Amendment 521 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 3 – subparagraph 1
Article 84 – paragraph 3 – subparagraph 1
The UCITS shall notify, without delay, the competent authorities of their home Member State and the competent authorities of all Member States in which it markets its units, when activating or deactivating a liquidity management tool referred to in paragraph 2, point (a) whose use is indicative of actual liquidity-related stress.
Amendment 532 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Directive 2009/65/EC
Article 84 – paragraph 3f – subparagraph 1a (new)
Article 84 – paragraph 3f – subparagraph 1a (new)
The UCITSs shall be primarily responsible for liquidity risk management.
Amendment 546 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2009/65/EC
Article 101 a – paragraph 1
Article 101 a – paragraph 1
1. ESMA shall, on a regular basis and at leastBy 30 June and every two6 years, ESMA shall conduct a peer review analysis of the supervisory activities of the competent authorities in relation to the application of Article 13. That peer review analysis shall focus on the measures taken to prevent that management companies, which delegate performance of portfolio management or risk management to third parties located in third countries, become letter-box entities.
Amendment 548 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2009/65/EC
Article 101 – paragraph 2a (new)
Article 101 – paragraph 2a (new)
2 a. By 30 June 2027 and then every 6 years, the Commission shall submit a report to the European Parliament and to the Council presenting the conclusions of that review. The report shall include information on: (a) cooperation and data exchange between various monitoring and supervisory authorities both, on the EU and national level and possible weaknesses in information sharing; (b) the quality of funds supervision and level of enforcement in each Member state; (c) cooperation and data exchange about UCITSs and their investments between various monitoring and supervisory authorities both, on the EU and national level; (d) the functioning of the market for investments of UCITSs stipulated in this Directive in the Union, market and regulatory development and trends in the EU and the world leading markets for investments; (e) annual information about the number of UCITSs registered and their market share, as well as the impact of this Directive to the EU market share in comaprison to global investment market share; (f) the necessity and proportionality of subjecting UCITSs to reporting obligations according to this Directive; (g) annual information about the volumes and trends of the cross-border provision of UCITSs per Member State; (h) annual information about the share of investments of UCITSs registered according to this Directive in the global market for investments and the Union financial market; (i) the costs of complying with this Directive for UCITSs differentiated according to their size; (j) the potential regulatory conflict between the EU and the leading markets for investments; (k) types and trends of fraudulent behaviour of investors, UCITSs and third parties occurring in relation to this Directive. The Commission shall gather information for this report without broadening reporting obligation for AIFMs using information from all relevant and reliable sources, including European institutions and national competent authorities.
Amendment 551 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Directive 2009/65/EC
Article 110a – paragraph 1
Article 110a – paragraph 1
By [Please insert date = 340 months after the entry into force of this Directive] and following the peer reviews and analysis referred to in Article 101a and the report produced by ESMA in accordance with Article 13(4), the Commission shall initiate a review of the delegation regime laid down in Article 13 with regard to preventing the creation of letter-box entities in the Union.;
Amendment 552 #
2021/0376(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall adopt and publish, by [Please insert date = 2436 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 554 #
2021/0376(COD)
Proposal for a directive
Annex I – paragraph -1 (new)
Annex I – paragraph -1 (new)
Directive 2011/61/EU
Annex I – point 2 – points c a and c b (new)
Annex I – point 2 – points c a and c b (new)
(-1.) in Annex I, the following points are added to point 2: ‘(c a) Originating loans. (c b) Servicing securitisation special purpose entities.’
Amendment 555 #
2021/0376(COD)
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
Directive 2011/61/EU
Annex I – point 3
Annex I – point 3
Amendment 556 #
2021/0376(COD)
Proposal for a directive
Annex I – paragraph 1
Annex I – paragraph 1
Directive 2011/61/EU
Annex I – point 4
Annex I – point 4
Amendment 557 #
2021/0376(COD)
Proposal for a directive
Annex I – paragraph 1 a (new)
Annex I – paragraph 1 a (new)
The AIFM shall perform the functions in point 2 on a request from the AIF. In case the AIFM does not exercise all the functions stipulated in point 2, it shall ensure these to be provided by an appropriate provider.
Amendment 335 #
2021/0342(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 590 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point a – introductory part
Article 92 – paragraph 3 – point a – introductory part
(a) a stand-alone institution in the EU and, for the purposes of complying with the obligations of this Regulation on the basis of its consolidated situation in accordance with Part One, Title II, Chapter 2, an EU parent institution, an EU parent financial holding company and an EU parent mixed financial holding companyinstitutions shall calculate the total risk exposure amount as follows:
Amendment 604 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point b
Article 92 – paragraph 3 – point b
Amendment 619 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point c
Article 92 – paragraph 3 – point c
Amendment 637 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point b
Article 1 – paragraph 1 – point 23 – point b
Regulation (EU) No 575/2013
Article 92 – paragraph 6
Article 92 – paragraph 6
Amendment 687 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40 – point b
Article 1 – paragraph 1 – point 40 – point b
Regulation (EU) No 575/2013
Article 122 – paragraph 2
Article 122 – paragraph 2
Exposures for which such a credit assessment is not available shall be assigned a risk weight of 100 %., except for exposures to SMEs as defined in Article 5 point (8) which shall be assigned a risk weight of 85%;
Amendment 699 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No
Article 122a – paragraph 3 – point a – introductory part
Article 122a – paragraph 3 – point a – introductory part
(a) where the purpose of a specialised lending exposure is to finance the acquisition of physical assets, including ships, aircraft, satellites, railcars, and fleets, and the income to be generated by those assets comes in the form of cash flows generated by the specific physical assets that have been financed and pledged or assigned to the lender by one or several third parties (‘object finance exposures’), institutions shall apply the followinga risk weights: of 100%.
Amendment 703 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point a – point i
Article 122a – paragraph 3 – point a – point i
Amendment 708 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point a – point ii
Article 122a – paragraph 3 – point a – point ii
Amendment 1130 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 166 – point b – introductory part
Article 1 – paragraph 1 – point 166 – point b – introductory part
Regulation (EU) No 575/2013
Article 382
Article 382
(b) the following paragraphs 4a and 4b are inserted: 4a. paragraph 4, an institution may choose to calculate an own funds requirements for CVA risk, using any of the applicable approaches referred to in Article 382a, for those transactions that are excluded in accordance with paragraph 4, where the institution uses eligible hedges determined in accordance with Article 386 to mitigate the CVA risk of those transactions. Institutions shall establish policies to specify where they choose to satisfy their own funds requirements for CVA risk for such transactions. 4b. competent authorities the results of the calculations of the own funds requirements for CVA risk for all the transactions referred to in paragraph 4. For the purposes of that reporting requirement, institutions shall calculate the own funds requirements for CVA risk using the relevant approaches set out in Article 382a(1), that they would have used to satisfy an own funds requirement for CVA risk if those transactions were not excluded from the scope in accordance with paragraph 4. is deleted: By way of derogation from Institutions shall report to their
Amendment 1198 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 375/2013
Article 465 – paragraph 1 – introductory part
Article 465 – paragraph 1 – introductory part
1. By way of derogation from Article 92, paragraphs 3 and 6, parent institutions, parent financial holding companies, parent mixed financial holding companies, stand-alone institutions in the EU or stand-alone subsidiary institutions in Member Stateinstitutions may apply the following factor ‘x’ where calculating TREA:
Amendment 1205 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 1 – point (a)
Article 465 – paragraph 1 – point (a)
(a) 560 % during the period from 1 January 2025 to 31 December 2025;
Amendment 1206 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 1 – point (b)
Article 465 – paragraph 1 – point (b)
(b) 565 % during the period from 1 January 2026 to 31 December 2026;
Amendment 1207 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 1 – point (c)
Article 465 – paragraph 1 – point (c)
(c) 670 % during the period from 1 January 2027 to 31 December 2027;
Amendment 1208 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 1 – point (d)
Article 465 – paragraph 1 – point (d)
Amendment 1209 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 1 – point (e)
Article 465 – paragraph 1 – point (e)
Amendment 1212 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 2 – introductory part
Article 465 – paragraph 2 – introductory part
2. By way of derogation from Article 92(3), point (a), EU parent institutions, EU parent financial holding companies or an EU parent mixed financial holding companies, stand-alone institutions in the EU or stand-alone subsidiary institutions in Member States may, until 31 December 2029, apply the following formula when calculating TREA:
Amendment 1221 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
For the purposes of that calculation, EU parent institutions, EU parent financial holding companies or an EU parent mixed financial holding companies shall take into account the relevant factors ‘x’ referred to in paragraph 1.
Amendment 1226 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3
Article 465 – paragraph 3
Amendment 1274 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 4
Article 465 – paragraph 4
Amendment 1288 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5
Article 465 – paragraph 5
Amendment 1438 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – title
Article 495d – title
Amendment 1441 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – paragraph 1
Article 495d – paragraph 1
Amendment 1448 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – paragraph 2
Article 495d – paragraph 2
Amendment 1454 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – paragraph 2 – subparagraph 2
Article 495d – paragraph 2 – subparagraph 2
Amendment 1456 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – paragraph 2 – subparagraph 3
Article 495d – paragraph 2 – subparagraph 3
Amendment 1475 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 200
Article 1 – paragraph 1 – point 200
Regulation (EU) No 575/2013
Article 501
Article 501
(200) in Article 501(2), point (b) is replacedby the following: ‘(b) an SME shall have the meaning laid down in Article 5, point (8);’; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013R0575-20220410) is deleted. Or. en
Amendment 1481 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 201
Article 1 – paragraph 1 – point 201
Regulation (EU) No 575/2013
Article 501a
Article 501a
(201) Article 501a(1) is amended as follows: (a) point (a) is replaced by the following: (a) corporate exposure class referred to either in Article 112, point (g), or in Article 147(2), point (c), with the exclusion of exposures in default; (b) point (f) is replaced by the following: ‘(f) the refinancing risk of the exposure by the obligor is low or adequately mitigated, taking into account any subsidies, grants or funding provided by one or more of the entities listed in paragraph 2, points (b)(i) and (b)(ii);deleted. the exposure is assigned to the
Amendment 46 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. The efficiency of digital trainings provided by the employers in the form of learning-by- doing should also be empowered. The non-formal learning in the workplace should deliver digital skills tailored to the market needs, therefore such learning should be equivalently recognised, promoted and measured. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 54 #
2021/0293(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) Digitalization should not be the goal in itself, but rather the tool for the results to deliver for citizens. Digitalisation should provide less bureaucracy and quicker, less financially demanding and more efficient public administration. If used in a good way, digitalisation has the potential to enhance the quality of education, health or public administration, but if implemented in a wrong way, it can harm public budgets.
Amendment 55 #
2021/0293(COD)
Proposal for a decision
Recital 8 b (new)
Recital 8 b (new)
(8b) Public administrations have a responsibility towards citizens to exercise care in their use of public spending in all areas, including digitalisation. Maximising the effectiveness and efficiency of expenditure in digitalisation secures the greatest value from spending decisions and helps to avoid waste, errors, fraud and corruption. It is therefore necessary to monitor and enhance the principles of good financial governance, plan, publish and monitor national and European spending on digitalisation.
Amendment 56 #
2021/0293(COD)
Proposal for a decision
Recital 8 c (new)
Recital 8 c (new)
(8c) Public digital services will provide added value to citizens, mainly by providing easy to use, useful, simple and ‘trustworthy’ services. It means that greater ease of use can improve performance, allowing the user to produce more with the same effort. Usefulness refers to enhancing job performance of a person due to the use of a particular technology. The simplicity indicator refers to the process of user interaction with the services, considering the usability of the services. The delivery process should not demand redundant steps or too much bureaucracy. The “trustworthy” indicator refers to the security of the system used to provide the service and also to the trust in the institution that provides the service.
Amendment 57 #
2021/0293(COD)
Proposal for a decision
Recital 8 d (new)
Recital 8 d (new)
(8d) As collecting information is in principle more expensive and burdensome than sharing already collected information, Member States should aim to and incorporate the “once-only” principle, which in the context of the public sector means that citizens and businesses supply diverse data only once to a public administration.
Amendment 59 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards. The high security should be reported through a common set of key performance indicators and the comparable set of detailed transparent information on how Member States are approaching the concerns of security should be published.
Amendment 60 #
2021/0293(COD)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) Public digital services should fulfil the core principles in accordance with the OECD recommendations for digital government. The “digital by design” principle should ensure that when the government proposes digital technologies, it should rethink and re-engineer public processes, simplify procedures, and create new channels of communication and engagement with stakeholders. Data- driven public sector establishes data as a strategic asset and promotes access, sharing and re-use mechanisms for improved decision making and service design and delivery. The “government as a platform” principle should ensure that a wide range of platforms, standards and tools to foster integration and coherence in the public sector focuses on users’ needs in public services. The public government data and policy-making processes (including algorithms) should be opened by default, within the limits of existing legislation and balancing the public interest. Pro-activeness ensures that a government anticipates people’s needs and responds to them rapidly, avoiding the need for cumbersome data and service delivery processes.
Amendment 65 #
2021/0293(COD)
Proposal for a decision
Recital 11
Recital 11
(11) A harmonious, inclusive and steady progress towards the digital transformation and towards the achievement of the digital targets in the Union, requires a comprehensive, robust, reliable, flexible and transparent form of governance, based on close cooperation and coordination between the Union institutions, bodies and agencies, and the Member States. An appropriate mechanism should ensure coordination of convergence, transfer of best practices and the consistency and effectiveness of policies and measures at Union and national level. Therefore, it is necessary to lay down provisions on a monitoring and cooperation mechanism implementing the Digital Compass Communication.
Amendment 67 #
2021/0293(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The Digital Economy and Society Index (‘DESI’)41 should become a part of the report on the state of the Digital Decade and should be used to monitor the progress towards the digital targets and not only the output, but especially the results and impact of the programme. This monitoring should include an analysis of the indicators measuring progress at Member States’ level, national policies and initiatives aimed at reaching the objectives of this Decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of European economies and a ranking of Member States progress therein. In particular, DESI’s dimensions and indicators should be aligned with digital targets set out in this Decision. For each digital target, key performance indicators (‘KPIs) should be set out in implementing acts to be adopted by the Commission. The KPIs should be updated when necessary for continued effective monitoring and to take account of technological developments. The data collection mechanism within Member States should be reinforced to present a thorough state of play on the progress towards the digital targets, as well as information on the relevant policies, programmes, and initiatives at national level. Based on the reviews and where needed, the Commission should prepare, in consultation with the Member States, a roadmap to set out future data collection needs. . In defining the DESI, the Commission should rely largely on official statistics collected in different Union surveys on the information society42 . The Commission should use specific studies to collect data for those relevant indicators that are not measured in the Union surveys. _________________ 41 DESI is an annual set of analyses and measurement indicators, which since 2014 have been used to monitor Europe’s overall progress and to benchmark individual Member States’ progress in digital, feeding into the European Semester process and the country specific recommendations. 42 Regulation (EC) No 1006/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 808/2004 concerning Community statistics on the information society (OJ L 286, 31.10.2009, p. 31–35).
Amendment 84 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) set a clear direction for the digital transformation of the Union and for delivery of the digital targets in accordance with measurable indicators;
Amendment 87 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) structure and stimulate cooperation between the Union institutions and Member States and, if feasible, third countries;
Amendment 88 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) ensure the consistency, transparency, efficiency, comparability and completeness of the monitoring and reporting by the Union.
Amendment 91 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote a human-centered, inclusive, transparent, trustworthy, secure and open digital environment where digital technologies and services respect and enhance Union principles and values;
Amendment 93 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ensure effective public digital services, which are easy to use, useful, simple and trustworthy;
Amendment 94 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) monitor to what extent digital technologies and services increase value for consumers and businesses;
Amendment 95 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(ac) achieve increased performance, availability and use of public digital services compared to the best practice and situation in Member States in 2021, as analysed per service;
Amendment 96 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
(ad) ensure that citizens share data with public administration only once, fully ensuring the “once-only” principle in each Member State. Public services should reuse and share data and documents that people have already provided, in a transparent and secure way, thereby delivering more efficient and reliable public administration procedures throughout the Union;
Amendment 97 #
2021/0293(COD)
(af) ensure that healthcare digitalization and online access to citizens’ medical records increase life expectancy at birth and reduce preventable and treatable mortality;
Amendment 98 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a g (new)
Article 2 – paragraph 1 – point a g (new)
(ag) increase the efficiency of health sector by use of telehealth, mobile health, telemedicine and connected care;
Amendment 99 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a h (new)
Article 2 – paragraph 1 – point a h (new)
(ah) minimize the citizens’ and entrepreneurs’ time spent dealing with public authorities;
Amendment 100 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a i (new)
Article 2 – paragraph 1 – point a i (new)
(ai) promote online service portals that expand transactional services, save substantial time, reduce costs, and improve the quality of services for citizens and businesses;
Amendment 101 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a j (new)
Article 2 – paragraph 1 – point a j (new)
(aj) promote six dimensions of a fully digital government: (i) digital by design, (ii) data-driven public sector, (iii) government as a platform, (iv) open by default, (v) user-driven, and (vi) proactiveness;
Amendment 103 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and, training systems and other skills acquired through non-formal learning, including in-company experiential learning by doing;
Amendment 105 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) ensure that national digital education programmes meet the internal market needs and demands;
Amendment 106 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(bb) promote research and innovation, especially in data-intensive fields;
Amendment 109 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. The efficiency of digital trainings provided by employers in the form of learning-by-doing should also be enhanced. The non-formal learning in the workplace should deliver digital skills tailored to the market needs, therefore such learning should be equivalently recognised, promoted and measured. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 113 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy and fair terms in order to achieve a high level of digital openness, intensity and innovation in Union’s enterprises, in particular small and medium ones;
Amendment 119 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone in order to provide better value to citizens, in particular disadvantaged groups including persons with disabilities, offering inclusive, efficient and personalised services and tools with high security and privacy standards; ensure that the high level of security is comparable between Member States;
Amendment 123 #
2021/0293(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
Amendment 124 #
2021/0293(COD)
Proposal for a decision
Recital 8 b (new)
Recital 8 b (new)
(8 b) Public administrations have a responsibility towards citizens to exercise care in their use of public spending in all areas,including digitalisation. Maximising the effectiveness and efficiency ofexpenditure in digitalisation secures the greatest value from spending decisions and helps to avoid waste, errors, fraud and corruption. It is therefore necessary to monitor and enhance the principles of good financial governance, plan, publish and monitor national and Union spending on digitalisation.
Amendment 125 #
2021/0293(COD)
Proposal for a decision
Recital 8 c (new)
Recital 8 c (new)
(8 c) Public digital services would provide added value to citizens, mainly by providing easy to use, useful , simple and trustworthy services. This means that greater ease of use could improve performance, allowing the user to produce more with the same effort. Usefulness refers to enhancing job performance of a person due to the use of a particular technology. The simplicity indicator refers to the process of user interaction with the services, considering the usability of the services, the delivery process should not demand redundant steps or too much bureaucracy. Trustworthy indicator refers to the security of the system used to provide the service and also to the trust in the institution that provides the service.
Amendment 126 #
2021/0293(COD)
Proposal for a decision
Recital 8 d (new)
Recital 8 d (new)
(8 d) Whenever feasible and without the prejudice to the national level of digitalisation, the Member States should promote the once-only principle and so be encouraged to consider that citizens and businesses supply the same information only once to a public administration. In such cases, public administration offices should take action if permitted to internally re-use this data, in due respect of data protection rules, so that no additional burden falls on citizens and businesses.
Amendment 128 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards. The high security should be reported through a common set of key performance indicators, the comparable set of detailed transparent information on how Member States are approaching the concerns of security should be published.
Amendment 132 #
2021/0293(COD)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
Amendment 133 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, synergies between private and public funds, and developing predictable regulatory approaches;
Amendment 136 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ensure that all policies and programmes contribute to economic growth, productivity growth and reduce barriers to trade and investments;
Amendment 137 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h b (new)
Article 2 – paragraph 1 – point h b (new)
(hb) ensure that digital infrastructures, technologies and data remain open to democratic third countries respecting Union values;
Amendment 137 #
2021/0293(COD)
Proposal for a decision
Recital 11
Recital 11
(11) A harmonious, inclusive and steady progress towards the digital transformation and towards the achievement of the digital targets in the Union, requires a comprehensive, robust, reliable, flexible and transparent form of governance, based on close cooperation and coordination between the Union institutions, bodies and agencies, and the Member States. An appropriate mechanism should ensure coordination of convergence, transfer of best practices and the consistency and effectiveness of policies and measures at Union and national level. Therefore, it is necessary to lay down provisions on a monitoring and cooperation mechanism implementing the Digital Compass Communication.
Amendment 138 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h c (new)
Article 2 – paragraph 1 – point h c (new)
(hc) ensure that democratic decision- making is more participatory, reducing barriers to knowledge, innovation, data and communication;
Amendment 139 #
2021/0293(COD)
(hd) ensure that an open digital environment secures transparent access to public data, contracts, documents, databases, including free access to the registry for public data about companies, financial statements and beneficial ownership information;
Amendment 140 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h e (new)
Article 2 – paragraph 1 – point h e (new)
(he) ensure that public funds are used for digital transformation efficiently and only where no viable private funding options exist;
Amendment 140 #
2021/0293(COD)
Proposal for a decision
Recital 12 a (new)
Recital 12 a (new)
(12 a) The Commission should monitor the progress of delivering the results of the digitalization to the citizens. The digitization should not be the goal in itself, therefore the result and impact oriented measurable KPIs have the utmost importance in monitoring the results and delivered value of digitalisation.
Amendment 141 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h f (new)
Article 2 – paragraph 1 – point h f (new)
(hf) ensure organisational structures for creating an environment to encourage digital transformation;
Amendment 141 #
2021/0293(COD)
Proposal for a decision
Recital 12 b (new)
Recital 12 b (new)
(12 b) In its evaluations, the Commission should compare also the progress of the Member States to that of third countries taking into account well established indices such as OECD digital government Index, World Bank GovTech Maturity Index and United Nations E-Government Survey.
Amendment 142 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h g (new)
Article 2 – paragraph 1 – point h g (new)
(hg) secure interconnectivity between traditional and new digital data to advance digital transformation;
Amendment 142 #
2021/0293(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The Digital Economy and Society Index (‘DESI’)41 should become a part of the report on the state of the Digital Decade and should be used to monitor the progress towards the digital targets, not only the output, but especially result and impact of the programme. This monitoring should include an analysis of the indicators measuring progress at Member States’ level, national policies and initiatives aimed at reaching the objectives of this Decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of European economies and a ranking of Member States progress therein. In particular, DESI’s dimensions and indicators should be aligned with digital targets set out in this Decision. For each digital target, key performance indicators (‘KPIs) should be set out in implementing acts to be adopted by the Commission. The KPIs for digital objective to increase the efficiency of health sector should include, inter alia, indicators to monitor the impact on preventable and treatable mortality rate, life expectancy and the costs of patient care. Digital education KPIs should measure, inter alia, the impact on the underachievement in reading, maths and science. The KPIs should be updated when necessary for continued effective monitoring and to take account of technological developments. The data collection mechanism within Member States should be reinforced to present a thorough state of play on the progress towards the digital targets, as well as information on the relevant policies, programmes, and initiatives at national level. Based on the reviews and where needed, the Commission should prepare, in consultation with the Member States, a roadmap to set out future data collection needs. . In defining the DESI, the Commission should rely largely on official statistics collected in different Union surveys on the information society42 . The Commission should use specific studies to collect data for those relevant indicators that are not measured in the Union surveys., _________________ 41 DESI is an annual set of analyses and measurement indicators, which since 2014 have been used to monitor Europe’s overall progress and to benchmark individual Member States’ progress in digital, feeding into the European Semester process and the country specific recommendations. 42 Regulation (EC) No 1006/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 808/2004 concerning Community statistics on the information society (OJ L 286, 31.10.2009, p. 31–35).
Amendment 143 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h h (new)
Article 2 – paragraph 1 – point h h (new)
(hh) promote the usage of frontier and disruptive digital technologies to improve core government operations and online service delivery.
Amendment 144 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘peer review’ means a review mechanism whereby Member States may comment on specific aspects of the policies, measures and actions proposed by a given Member States, and in particular on their efficiency and suitability to contribute to achieving a specific target of the digital targets set out in Article 4, in the context of the annual cooperation established in Article 8 and which can serve to exchange best practices;
Amendment 145 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5a) ‘ international indeces ’ are the following sets of ranking (a) OECD digital government Index (b) World Bank GovTech Maturity Index (c) United Nations E-Government Survey (d) The Open Data Barometer;
Amendment 146 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 b (new)
Article 3 – paragraph 1 – point 5 b (new)
(5b) ‘key public services’ are public services related to the following areas: Business start-ups, Career, Studying, Family, Regular business operations, Moving, Transport, Starting a small claims procedure.
Amendment 148 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergence betweenensuring equal opportunity for women and men;
Amendment 161 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point b
Article 4 – paragraph 1 – point 2 – point b
Amendment 162 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point d
Article 4 – paragraph 1 – point 2 – point d
Amendment 174 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services for Union citizens and businesses; , including data under the scope of Directive (EU) 2019/102418a and, if available according to national law, other public data, documents, databases, including database of beneficiary owners, contract, information about companies’ financial statements; _________________ 18a Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re- use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 177 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b a (new)
Article 4 – paragraph 1 – point 4 – point b a (new)
(ba) 10% increase in the adoption of telehealth, telemedicine, mobile health and connected care;
Amendment 178 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b b (new)
Article 4 – paragraph 1 – point 4 – point b b (new)
(bb) the “once-only” principle implemented 100% in public services across all life situations;
Amendment 179 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b c (new)
Article 4 – paragraph 1 – point 4 – point b c (new)
(bc) 86 years life expectancy at birth for females and 80 years for males in each Member State;
Amendment 180 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b d (new)
Article 4 – paragraph 1 – point 4 – point b d (new)
(bd) standardised preventable and treatable mortality rate below 200 in the Union;
Amendment 183 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c a (new)
Article 4 – paragraph 1 – point 4 – point c a (new)
(ca) less than 15% underachievement in reading, maths and science;
Amendment 184 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4a) openness of digital services of maximum value of 1 in the PRO-SERV, the restrictiveness indicator for the national regulation of professional services in the EU;
Amendment 185 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 b (new)
Article 4 – paragraph 1 – point 4 b (new)
(4b) the average of three best scores of the Member States in 2020, in the international indices by 2030.
Amendment 185 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) set a clear direction for the digital transformation of the Union and for delivery of the digital targets in accordance with measurable indicators;
Amendment 186 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(1a) By 31 June 2023, the Commission shall adopt an implementing act laying down a list of specific digital public services within areas of key public services, which will be measured in relation to Article 4(4)(a). By 31 June 2023, the Commission shall adopt a delegated act on the dates, format and quality of data provided by the Member States in relation to this Decision.
Amendment 186 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) structure and stimulate cooperation between the Union institutions and Member States, and, if feasible, third countries;
Amendment 187 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) The Commission shall review the digital targets set out in paragraph 1 by 31 December 2025. By 31 June 2026. T, the Commission shall submit a report to the European Parliament and to the Council regarding the outcome of the review and shall submit a legislative proposal to revise the digital targets in paragraph 1 and the list of international indices where it considers this to be necessary to address technical, economic and societal developments for a successful digital transformation of the Union. In the report, the Commission shall also include the trends, best practices and comparisons in respective areas with other developed third countries and regions, as well as information about the national and Union’s finances spent on achieving the digital targets in each Member State and the efficiency of public spending in digitalisation.
Amendment 187 #
2021/0293(COD)
Proposal for a decision
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) ensure the consistency, transparency, efficiency, comparability and completeness of the monitoring and reporting by the Union.
Amendment 188 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall monitor the progress of the Union against the objectives and digital targets set out in Articles 2 and 4. To this end, the Commission shall rely upon (a) Digital Economy and Society Index (DESI), and for the purpose of this decision, in accordance with Article 25 (2), shall set out in an implementing act, adopted by 31 June 2023, the key performance indicators (‘KPIs’) for each digital target. . , including indicators measuring the impact and created value for consumer and businesses and indicators on human capital, use of Internet services by citizens, integration of digital technology by enterprises, and (b) International indices set out in Article 4(1)(4b), (c) MGI’s Industry Digitisation Index.
Amendment 190 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Before publishing the implementing act set out in paragraph 1, the Commission shall consult the relevant stakeholders, including organisations in the Union and international organisations, such as the OECD Digital Government Indicators Taskforce.
Amendment 191 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
(1b) The Commission shall also publish the calculation and the comparison of data between different releases of the DESI.
Amendment 192 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in Article 4 in line with the delegated act adopted according to Article 4(1a). This shall include relevant information on the availability and accessibility of spectrum. Where the relevant statistics from Member States are not yet available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States. The use of that alternative data collection methodology shall not affect the tasks of Eurostat as laid down in Commission Decision 2012/504/EU47 . _________________ 47 Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).
Amendment 193 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) ensure effective public digital services, which are easy to use, useful, simple and ‘trustworthy’;
Amendment 194 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) TBy 31 June 2023, the Commission, in close cooperation with Member States, shall define Union-level projected trajectories for the attainment of each of the digital targets, which would serve as basis for the monitoring and the national Digital Decade strategic roadmaps. Where necessary, in light of technical, economic or societal developments, the Commission shall update one or more of these projected trajectories. The Commission shall define projected trajectories for each DESI indicator for the Union as well as for each individual Member State.
Amendment 194 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(a b) monitor to what extend digital technologies and services increase value for consumers and businesses;
Amendment 195 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) The Commission shall submit annually to the European Parliament and the Council a report on the “State of the Digital Decade”. This report shall be the comprehensive report of the Commission on the progress on digital transformation of the Union and it shall include the Digital Economy and Society Index (DESI) and KPIs for each digital target according to Article 5(1) of this Decision. The first report shall be submitted no later than 18 months after the entry into force of this Decision.
Amendment 195 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(a c) achieve increased performance, availability and use of public digital services compare to the best practice and situation in Member States in 2021 analysed per service;
Amendment 196 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
(a d) Contribute to the productivity growth and development in cross-border trade with digital services in order to reduce barriers to trade and investments;
Amendment 197 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a e (new)
Article 2 – paragraph 1 – point a e (new)
Amendment 198 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a f (new)
Article 2 – paragraph 1 – point a f (new)
(a f) increase the efficiency of health sector, decrease preventable and treatable mortality rate and increase life expectancy, by use of telehealth, mobile health, telemedicine and connected care;
Amendment 199 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a g (new)
Article 2 – paragraph 1 – point a g (new)
(a g) minimize the citizens’ and entrepreneurs’ time spent dealing with public authorities;
Amendment 200 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a h (new)
Article 2 – paragraph 1 – point a h (new)
Amendment 201 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point a i (new)
Article 2 – paragraph 1 – point a i (new)
(a i) promote six dimensions of a fully digital government: (i) digital by design, (ii) data-driven public sector, (iii) government as a platform, (iv) open by default, (v) user-driven, and (vi) proactiveness;
Amendment 202 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 6
Article 7 – paragraph 6
(6) The Commission shall provide an analysis of best practices, trends within and outside the Union, guidance and support to Member States in the preparation of their national Digital Decade strategic roadmaps, including on how to establish at national level, where possible, appropriate projected trajectories which can effectively contribute to the achievement of Union-level projected trajectories.
Amendment 203 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
(6a) The Commission shall make publicly available all the documents prepared under Article 7 without undue delay.
Amendment 205 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and, training systems and other skills acquired through non-formal learning, including in-company experiential learning by doing;
Amendment 209 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 5
Article 9 – paragraph 5
(5) In case a Member State continuously deviates from the national projected trajectory for several years, or alternatively does not intend to adopt corrective action based on a previous Commission recommendation, the Commission mayshall initiate a targeted dialogue with the Member State in question and inform the European Parliament and Council thereof.
Amendment 210 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with the Union’s and international private and public stakeholders, including social partners, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
Amendment 210 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) ensure that national digital education programmes meet the internal market needs and demand;
Amendment 211 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) promote research and innovation, especially in data-intensive fields;
Amendment 216 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) reinforcing the Union’s technology excellence and industrial competitiveness in critical technologies, digital products, services and infrastructures that are essential for economic recovery, growth, and prosperity, for citizens’ security and safety;
Amendment 218 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy and fair terms in order to achieve a high level of digital openness, intensity and innovation in Union’s enterprises, in particular small and medium ones;
Amendment 222 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(2a) Any Multi-Country project shall publish its specific objectives, including measurable indicators, upon its establishment.
Amendment 223 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
(3a) A Multi-Country Project may involve the participation of third- countries, which respect democracy and European values. The participation shall secure increased efficiency or value of the Project for participants from Member States.
Amendment 224 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 5
Article 12 – paragraph 5
(5) The Commission may adopt a recommendation to set up a Multi-Country Project and measurable indicators according to paragraph 2a or to invite a Member State or a third country to participate in a Multi-Country Project meeting the requirements of paragraphs (1) to (3a) , taking into account the progress implementing the national Digital Decade strategic roadmaps and the adherence to the Commission’s recommended actions. The Commission and Member States may also undertake to set up, or join, a Multi- Country Project as a joint commitment.
Amendment 226 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone in order to provide better value to them, in particular disadvantaged groups including persons with disabilities, offering inclusive, efficient and personalised services and tools with high security and privacy standards; ensure that high security is comparable between Member States;
Amendment 230 #
2021/0293(COD)
Proposal for a decision
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
(4a) An EDIC shall perform exclusively activities directly related to a Multi-Country Project.
Amendment 231 #
2021/0293(COD)
Proposal for a decision
Article 16 – paragraph 5
Article 16 – paragraph 5
(5) The decision setting up the EDIC shall be published in the Official Journal of the European Union. The Commission shall publish and update a register of EDICs in a timely manner.
Amendment 232 #
2021/0293(COD)
Proposal for a decision
Article 17 – paragraph 3
Article 17 – paragraph 3
(3) Member States that do not provide a financial or non-financial contribution may, upon their request, join EDIC as observers without voting rights. An observer shall be allowed to participate in any activity, meeting and decision making of the EDIC.
Amendment 234 #
2021/0293(COD)
Proposal for a decision
Article 18 – paragraph 2
Article 18 – paragraph 2
(2) The Commission shall participate in the deliberations of the assembly of members without voting rights. However, where a centrally-managed Union programme financially contributes to a Multi-Country Project, the Commission shall have a veto right on the decisions of the assembly. Decisions of the assembly including results of votes and a particular vote decision of each member shall be publicly available within 15 days of its adoption.
Amendment 236 #
2021/0293(COD)
Proposal for a decision
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) rules on the ownership of infrastructure, intellectual property, profit and other assets, as applicable.
Amendment 237 #
2021/0293(COD)
Proposal for a decision
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
(2a) Any research data and results of research and developments of Multi- Country Project with financial participation of centrally managed Union programme shall be published, following the principle of ‘open by default’. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality and security, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’.
Amendment 238 #
2021/0293(COD)
Proposal for a decision
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) An EDIC shall produce an annual activity report, containing a technical description of its activities, description on how and to what extent it helps to achieve the targets according to Article 4 and Article 12(2a), and a financial report. It shall be approved by the assembly of members and transmitted to the Commission. This report shall be made publicly availablee Commission shall publish the report within 30 days after its adoption.
Amendment 239 #
2021/0293(COD)
Proposal for a decision
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) Upon request from the Commission, Member States shall provide the Commission with the information necessary to carry out its tasks under this Decision, in particular regarding information necessary for the implementation of Articles 7, 8 and 9 in line with the delegated act adopted according to Article 4(1a). The information requested by the Commission shall be proportionate to the performance of those tasks. Where the information provided refers to information previously provided by undertakings at the request of a Member State, such undertakings shall be informed thereof not later than 10 days prior to providing information to the Commission.
Amendment 243 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, synergies between private and public funds, and developing predictable regulatory approaches;
Amendment 253 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ensure that all policies and programmes contribute to economic growth, productivity growth and reduce barriers to trade and investments;
Amendment 254 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h b (new)
Article 2 – paragraph 1 – point h b (new)
(h b) ensure that digital infrastructures, technologies and data remain open to the democratic third countries respecting Union values;
Amendment 255 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h c (new)
Article 2 – paragraph 1 – point h c (new)
(h c) ensure that democratic decision- making is more participatory, reducing barriers to knowledge, innovation, data and communication;
Amendment 256 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h d (new)
Article 2 – paragraph 1 – point h d (new)
(h d) ensure that open digital environment secures transparent access to public data, contracts, documents, databases including free access to the registry for public data about companies, financial statements and beneficial ownership information;
Amendment 257 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h e (new)
Article 2 – paragraph 1 – point h e (new)
(h e) ensure that public funds are used for digital transformation efficiently and only where no viable private funding options exist;
Amendment 258 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h f (new)
Article 2 – paragraph 1 – point h f (new)
(h f) ensure organisational structures for creating an environment to encourage digital transformation;
Amendment 259 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h g (new)
Article 2 – paragraph 1 – point h g (new)
(h g) secure interconnectivity between traditional and new digital data to advance digital transformation;
Amendment 260 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point h h (new)
Article 2 – paragraph 1 – point h h (new)
(h h) promote the usage of frontier and disruptive digital technologies to improve core government operations and online service delivery.
Amendment 262 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) (6) 'international indexes' mean the following sets of ranking: (a) OECD digital government Index (b) World Bank GovTech Maturity Index (c) United Nations E-Government Survey;
Amendment 263 #
2021/0293(COD)
Proposal for a decision
Article 3 – paragraph 1 – point 5 b (new)
Article 3 – paragraph 1 – point 5 b (new)
(5 b) 'key public services' means services related to the following areas: business start-up, career, studying, family, regular business operations, moving, transport, starting a small claims procedure.
Amendment 264 #
Amendment 265 #
Amendment 266 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
(1) The Union institutions and Member States shall cooperate to achieve the following digital targetstargets based on the digitalisation contribution in the Union by 2030:
Amendment 274 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergenceensuring equal opportunity between women and men;
Amendment 284 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point b
Article 4 – paragraph 1 – point 2 – point b
Amendment 290 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point d
Article 4 – paragraph 1 – point 2 – point d
Amendment 309 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – introductory part
Article 4 – paragraph 1 – point 4 – introductory part
(4) digitalisation oftargets in public services:
Amendment 311 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services for Union citizens and businesses; , including data within the scope of Directive (EU) 2019/10241a and if available according to national law, other public data, documents, databases, including database of beneficiary owners, contract, information about companies financial statements; _________________ 1a Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re- use of public sector information (OJ L 172, 26.6.2019, p. 56).
Amendment 320 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b a (new)
Article 4 – paragraph 1 – point 4 – point b a (new)
(b a) 10% increase adoption of telehealth, telemedicine, mobile health and connected care;
Amendment 321 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b b (new)
Article 4 – paragraph 1 – point 4 – point b b (new)
(b b) 100% Only-Once Principle implemented in public services across all life situations;
Amendment 322 #
2021/0293(COD)
(b c) 86 years life expectancy at birth for females and 80 years for males in each Member State;
Amendment 323 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b d (new)
Article 4 – paragraph 1 – point 4 – point b d (new)
(b d) standardised preventable and treatable mortality rate below 200 in the Union;
Amendment 330 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c a (new)
Article 4 – paragraph 1 – point 4 – point c a (new)
(c a) less than 15% underachievement in reading, maths and science;
Amendment 331 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4 a) openness of digital services of maximum value of 1 in the PRO-SERV, the restrictiveness indicator for the national regulation of professional services in the EU;
Amendment 333 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 b (new)
Article 4 – paragraph 1 – point 4 b (new)
(4 b) the average of three best scores of the Member States in 2020, in the international indices by 2030.
Amendment 334 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) The Commission shall review the digital targets set out in paragraph 1 by 31 December 2025. By 31 June 2026. T, the Commission shall submit a report to the European Parliament and to the Council regarding the outcome of the review and shall submit a legislative proposal to revise the digital targets in paragraph 1 and the list of international indices where it considers this to be necessary to address technical, economic and societal developments for a successful digital transformation of the Union.
Amendment 336 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2 a) By 31 June 2023, the Commission shall adopt implementing acts laying down a list of specific digital public services within areas of key public services which will be measured in relation to Article 4 (4) a). By 31 June 2023, the Commission shall adopt a delegated act specifying the dates, format and quality of data provided by the Member States pursuant to this Decision.
Amendment 337 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall monitor the progress of the Union against the objectives and digital targets set out in Articles 2 and 4, including the progress achieved in the areas targeted by general objectives. To this end, the Commission shall rely upon (a) Digital Economy and Society Index (DESI), and for the purpose of this decision, in accordance with Article 25 (2), shall set out in an implementing act theadopted by 31 June 2023, the results and impact oriented key performance indicators (‘KPIs’) for each digital target. . and digital benchmark targets, including indicators measuring the impact and created value for consumer and businesses and indicators on human capital, use of Internet services by citizens, integration of digital technology by enterprises; (b) international indices set out in Article 4 (1)6.
Amendment 340 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1 a) Before publishing the implementing act set out in Paragraph 1, the Commission shall consult the relevant stakeholders, including organisations in the Union and international organisations, such as the OECD Digital Government Indicators Taskforce.
Amendment 341 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
(1 b) The Commission shall also publish the calculation and in the comparison of data between different releases of the DESI.
Amendment 343 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in Article 4 and the objectives set out in Article 2 and the progress achieved in the areas targeted by general objectives. This shall include relevant information on the availability and accessibility of spectrum. Where the relevant statistics from Member States are not yet available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States. The use of that alternative data collection methodology shall not affect the tasks of Eurostat as laid down in Commission Decision 2012/504/EU47 . _________________ 47 Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).
Amendment 345 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) TBy 31 June 2023, the Commission, in close cooperation with Member States, shall define Union-level projected trajectories for the attainment of each of the digital targets, which would serve as basis for the monitoring and the national Digital Decade strategic roadmaps. Where necessary, in light of technical, economic or societal developments, the Commission shall update one or more of these projected trajectories. The Commission shall define projected trajectories for each DESI indicator for the Union as well as for each Member State.
Amendment 348 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
(1) The Commission shall submit annually to the European Parliament and the Council a report on the “State of the Digital Decade”. This report shall be the comprehensive report of the Commission on the progress on digital transformation of the Union and it shall include the Digital Economy and Society Index (DESI) and KPIs for each digital target and each digital benchmark according to Article 5(1). The first report shall be submitted not later than 16 months after entry into force of this Decision.
Amendment 350 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) In the report on the “State of the Digital Decade”, the Commission shall provide an assessment of the progress of the Union’s digital transition against the digital targets set out in Article 4 as well as the state of compliance with the general objectives referred to in Article 2, including the progress achieved in the areas targeted by general and the principles enshrined in the [insert title of solemn Declaration]. The Commission shall provide assessment of trends, best practices and comparisons in respective areas with other developed third countries, information about national and Union’s finances spent on achieving the digital targets and the efficiency of public spending in digitalisation, including whether viable private funding options exist. The assessment of the progress made shall be based, in particular, on the analysis and key performance indicators in the DESI as compared to Union-level and, where applicable, national projected trajectories, and, where applicable, on the establishment of and progress regarding Multi-Country Projects.
Amendment 358 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
(1) By [sixtwelve months after the entry into force of this Decision- specific date to be inserted by OP], Member States shall submit to the Commission their national Digital Decade strategic roadmaps which shall be consistent with, and contribute to achieving at Union level, the objectives and digital targets set out in this Decision. Member States and the Commission shall take into account relevant sectoral initiatives and ensure consistency with them.
Amendment 364 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 6
Article 7 – paragraph 6
(6) The Commission shall provide analysis of best practices, trends within and outside the Union, guidance and support to Member States in the preparation of their national Digital Decade strategic roadmaps, including on how to establish at national level, where possible, appropriate projected trajectories which can effectively contribute to the achievement of Union-level projected trajectories.
Amendment 366 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
(6 a) The Commission shall make publicly available all the documents prepared under Article 7 without undue delay.
Amendment 378 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 5
Article 9 – paragraph 5
(5) In case a Member State continuously deviates from the national projected trajectory for several years, or alternatively does not intend to adopt corrective action based on a previous Commission recommendation, the Commission mayshall initiate a targeted dialogue with the Member State in question and inform the European Parliament and Council thereof.
Amendment 381 #
2021/0293(COD)
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with Union and international private and public stakeholders, including social partners, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
Amendment 391 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) reinforcing the Union’s technology excellence and industrial competitiveness in critical technologies, digital products, services and infrastructures that are essential for economic growth, recovery and prosperity, for citizens’ security and safety;
Amendment 402 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(2 a) Any Multi-Country project shall publish its specific objectives including measurable indicators upon its establishment.
Amendment 403 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
(3 a) A Multi-Country Project may involve the participation of third- countries, which respect the democracy and European values. The participation shall secure increased efficiency or value of the Project for participants from Member States.
Amendment 404 #
2021/0293(COD)
Proposal for a decision
Article 12 – paragraph 5
Article 12 – paragraph 5
(5) The Commission may adopt a recommendation to set up a Multi-Country Project and measurable indicators according to paragraph 2a or to invite a Member State or a third country to participate in a Multi-Country Project meeting the requirements of paragraphs (1) to (3a) , taking into account the progress implementing the national Digital Decade strategic roadmaps and the adherence to the Commission’s recommended actions. The Commission and Member States may also undertake to set up, or join, a Multi- Country Project as a joint commitment.
Amendment 411 #
2021/0293(COD)
Proposal for a decision
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
(4 a) An EDIC shall perform exclusively activities directly related to a Multi-Country Project.
Amendment 412 #
2021/0293(COD)
Proposal for a decision
Article 16 – paragraph 5
Article 16 – paragraph 5
(5) The decision setting up the EDIC shall be published in the Official Journal of the European Union. The Commission shall publish and update a register of EDICs in a timely manner.
Amendment 413 #
2021/0293(COD)
Proposal for a decision
Article 17 – paragraph 3
Article 17 – paragraph 3
(3) Member States that do not provide a financial or non-financial contribution may, upon their request, join EDIC as observers without voting rights. An observer shall be allowed to participate at any activity, meeting and decision making of the EDICs.
Amendment 418 #
2021/0293(COD)
Proposal for a decision
Article 18 – paragraph 2
Article 18 – paragraph 2
(2) The Commission shall participate in the deliberations of the assembly of members without voting rights. However, where a centrally-managed Union programme financially contributes to a Multi-Country Project, the Commission shall have a veto right on the decisions of the assembly. Decisions of the assembly, including results of vote and a particular vote decision of each member, shall be made publicly available within 15 days of their adoption.
Amendment 420 #
2021/0293(COD)
Proposal for a decision
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) rules on the ownership of infrastructure, intellectual property and other assets and profit, as applicable.
Amendment 421 #
2021/0293(COD)
Proposal for a decision
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
(2 a) Any research data and results of research and developments of Multi- Country Project with financial participation of centrally-managed Union programme shall be published, following the principle of ‘open by default’. In that context, concerns relating to intellectual property rights, personal data protection and confidentiality and security, shall be taken into account in accordance with the principle of ‘as open as possible, as closed as necessary’.
Amendment 422 #
2021/0293(COD)
Proposal for a decision
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) An EDIC shall produce an annual activity report, containing a technical description of its activities, description on how and to what extent it helps to achieve the targets laid down in Article 4 and Article 12(2a) and a financial report. It shall be approved by the assembly of members and transmitted to the Commission. This report shall be made publicly availablee Commission shall publish the report within 30 days after its adoption.
Amendment 423 #
2021/0293(COD)
Proposal for a decision
Article 24 – paragraph 1
Article 24 – paragraph 1
(1) Upon request from the Commission, Member States shall provide the Commission with the information necessary to carry out its tasks under this Decision, in particular regarding information necessary for the implementation of Articles 7, 8 and 9 in line with the delegated act adopted pursuant to Article 4 (1a). The information requested by the Commission shall be proportionate to the performance of those tasks. Where the information provided refers to information previously provided by undertakings at the request of a Member State, such undertakings shall be informed thereof no later than 10 days prior to providing information to the Commission.
Amendment 67 #
2021/0171(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation has contributed to market developments that were not foreseen at the time when Directive 2008/48/EC was adopted. In fact, the rapid technological developments registered since the 2008 Directive have brought significant changes to the consumer credit market, both on the supply side and on the demand side, such as the emergence of new products and the evolution of consumer behaviour and preferences. Digitalisation has also brought wide range of reliable authentication options, including digital signature, voice authentication, face ID and others. Those options enable the digital approval and signing of credit contracts.
Amendment 68 #
2021/0171(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The de facto and de jure situation resulting from those national differences in some cases leads to distortions of competition among creditors in the Union and creates obstacles to the internal market. The situation restricts consumers' ability to benefit from a gradually increasing offer of cross-border credit, which is expected to further grow as a result of digitalisation. Those distortions and restrictions may in turn have consequences in terms of reduced demand for goods and services. Only restrictions hampering the cross- border credit offers should be harmonised and the potential disadvantage due to less flexibility and customisations should be always considered. The situation also leads to an inadequate and non-consistent level of protection for consumers across the Union.
Amendment 69 #
2021/0171(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In accordance with Article 26 of the Treaty on the Functioning of the European Union (TFEU), the internal market comprises an area in which the free movement of goods and services and the freedom of establishment are ensured. The development of a more transparent and efficient legal framework for consumer credit should increase consumer trust and welfare and facilitate the development of cross-border activities.
Amendment 70 #
2021/0171(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In order to improve the functioning of the internal market for consumer credits, it is necessary to provide for a harmonised Union framework in a number of core areas. In view of the developing market in consumer credit, in particular in the online environment, and the increasing mobility of European citizens, forward-looking risk- oriented and proportionate Union legislation which is able to adapt to future forms of credit and which allows Member States the appropriate degree of flexibility in their implementation will help to create a level playing field for businesses.
Amendment 71 #
2021/0171(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is important that consumers benefit from a high level of consumer protection, convenient and cost-efficient solutions. Thus, it should be possible for the free movement of credit offers to take place under optimum conditions for both those who offer credit and those who require it, with due regard to specific situations in the Member States.
Amendment 72 #
2021/0171(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore not be allowed to maintain or introduce national provisions diverging from other than those laid down in this Directive, unless otherwise provided in this Directive. However, such restriction should only apply where there are provisions harmonised in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation. Accordingly, Member States should have the possibility to maintain or introduce national provisions on joint and several liability of the seller or the service provider and the creditor. Member States should also have the possibility to maintain or introduce of national provisions on the cancellation of a contract for the sale of goods or supply of services where the consumer exercises his right of withdrawal from the credit agreement or from the agreement for the provision of crowdfunding credit services. In this respect, Member States, in the case of open-end credit agreements, should be allowed to fix a minimum period needing to elapse between the time when the creditor asks for reimbursement and the day on which the credit has to be reimbursed.
Amendment 75 #
2021/0171(COD)
Proposal for a directive
Recital 15
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, lMember States should have flexibility to derogate from such consumer credit agreements below the amount of EUR 200 if the overall net impact of the measure is negative due to national specificities. Leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
Amendment 76 #
2021/0171(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Crowdfunding is increasingly a form of finance available to consumers, typically for small expenses or investments. Regulation (EU) 2020/1503 of the European Parliament and of the Council26 excludes from its scope crowdfunding services, including those facilitating the granting of credit, that are provided to consumers as defined in Directive 2008/48/EC. In this context, this Directive aims to complement Regulation (EU) 2020/1503 by remedying this exclusion by bringing legal clarity on the applicable legal regime for crowdfunding services when a consumer seeks to take out a credit through a provider of crowdfunding credit services other than those under the scope of Regulation (EU) 2020/1503. __________________ 26 Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).
Amendment 77 #
2021/0171(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Some provisions of this Directive should moreover apply to providers of crowdfunding credit services, acting in such capacity and not as creditors or credit intermediaries, where they facilitate the granting of credit between, on the one side, persons granting consumer credit outside of the course of their trade, business or profession, and on the other side, consumers. In this context, the provider of crowdfunding credit services should comply with certain rules and obligations of this Directive including the obligation to carry out a creditworthiness assessment and the rules on pre-contractual information. Persons granting credit not in the course of their formal trade, business or profession, to consumers through a crowdfunding credit platform should not be subject to obligations for creditors under this Directive.
Amendment 78 #
2021/0171(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Information to consumers, such as pre-contractual information or general information, should be provided free of charge. Upon agreement between the creditor or the provider of crowdfunding credit services and the consumer and at the consumers’ request, any additional information or transmission of information can be charged.
Amendment 81 #
2021/0171(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, even when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
Amendment 83 #
2021/0171(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, at least one day prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29. __________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 85 #
2021/0171(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, a Standard European Consumer Credit Overview form summarising the key element of the credit should be provided in addition to the Standard European Consumer Credit Information form, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. Information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30. __________________ 30 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 86 #
2021/0171(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the fullest possible transparency and comparability of offers, pre-contractual information should, in particular, include the annual percentage rate of charge applicable to the credit, determined in the same way throughout the Union. As the annual percentage rate of charge can at this stage be indicated only through an example, such example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement or crowdfunding credit services under consideration and, if applicable, to the goods purchased. When determining the representative example, the frequency of certain types of credit agreement or crowdfunding credit services in a specific market should also be taken into account. As regards the borrowing rate, the frequency of instalments and the capitalisation of interest, creditors should use their usual method of calculation for the consumer credit concerned. In case pre-contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should remind consumers, one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
Amendment 89 #
2021/0171(COD)
Proposal for a directive
Recital 40
Recital 40
(40) As highlighted in the Commission Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act)31 , artificial intelligence (AI) systems can be easily deployed in multiple sectors of the economy and society, including cross border, and can circulate throughout the Union. In this context, creditors, credit intermediaries and providers of crowdfunding credit services should be allowed to personalise the price of their offers for specific consumers or specific categories of consumer based on automated decision-making and profiling of consumer behaviour allowing them to assess the consumer’s purchasing power. Consumers should therefore be clearly informed when the price presented to them is personalised on the basis of automated processing in line with the Regulation (EU) 2016/679, so that they can take into account the potential risks in their purchasing decision. __________________ 31 COM/(2021/)0206 final.
Amendment 91 #
2021/0171(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Providing advice in the form of a personalised recommendation (‘advisory services’) is an activity which may be combined with other aspects of granting or intermediating credit. Therefore, in order to be in a position to understand the nature of the services provided to them, consumers should be made aware of what constitutes such advisory services and of whether advisory services are being, or can be, provided or not. Given the importance which consumers attach to the use of the terms ‘advice’ and ‘advisors’, Member States should be allowed to prohibit the use of the those terms, or similar terms, when advisory services are being provided to consumers by creditors, credit intermediaries or providers of crowdfunding credit services. It is appropriate to ensure that Member States impose safeguards where advice is described as independent to ensure that the range of products considered and remuneration arrangements are commensurate with consumers’ expectations of such advice. When providing advisory services, the creditor, credit intermediary or provider of crowdfunding credit services should provide an indication of whether the recommendation will be based on only their own product range or on a wide range of products from across the market, so that the consumer can understand the basis on which the recommendation is made. Moreover, the creditor, credit intermediary or provider of crowdfunding credit services should provide an indication of the fee payable by the consumer for the advisory services or, where the amount cannot be ascertained at the time of disclosure, the method used for its calculation.
Amendment 95 #
2021/0171(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Member States should take appropriate measures to promote responsible practices during all phases of the credit relationship, taking into account the specific features of their credit market. Those measures may include, for instance, the provision of information to, and the education of, consumers, including warnings about the risks attaching to default on payment and to over- indebtedness. In the expanding credit market, in particular, it is important that creditors should not engage in irresponsible lending or give out credit without prior assessment of creditworthiness. Member States should carry out the necessary supervision to avoid such behaviour of creditors and should determine the necessary means to sanction such behaviour. Without prejudice to the provisions on credit risk of Directive 2013/36/EU of the European Parliament and of the Council32, creditors or providers of crowdfunding credit services should bear the responsibility of checking individually and proportionally the creditworthiness of the consumer. To that end, creditors or providers of crowdfunding credit services should be allowed to use information provided by the consumer not only during the preparation of the credit agreement or of the agreement for the provision of crowdfunding credit services in question, but also during a long standing commercial relationship. Consumers should also act with prudence and respect their contractual obligations. __________________ 32 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 98 #
2021/0171(COD)
Proposal for a directive
Recital 46
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. The assessment should be proportionate considering the risk-based approach, data minimalisation principle and cost-effectiveness. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
Amendment 107 #
2021/0171(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only be made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met.
Amendment 109 #
2021/0171(COD)
Proposal for a directive
Recital 48
Recital 48
(48) The Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), establishes that AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. In view of those high stakes, whenever the creditworthiness assessment involves automated processing, the consumer should have a right to obtain human intervention on the part of the creditor or providers of crowdfunding credit services. The consumer should also have the right to obtain a meaningful explanation of the assessment made and of the functioning of the automated processing used, including among others the main variables, the logic and risks involved, as well as a right to express his or her point of view and to contest the assessment of the creditworthiness and the decision.
Amendment 113 #
2021/0171(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation has contributed to market developments that were not foreseen at the time when Directive 2008/48/EC was adopted. In fact, the rapid technological developments registered since the 2008 Directive have brought significant changes to the consumer credit market, both on the supply side and on the demand side, such as the emergence of new products and the evolution of consumer behaviour and preferences. Digitalisation has also brought wide range of reliable authentication options, including digital signature, voice authentication, face ID and others. Those options enable the digital approval and signing of credit contracts.
Amendment 114 #
2021/0171(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The de facto and de jure situation resulting from those national differences in some cases leads to distortions of competition among creditors in the Union and creates obstacles to the internal market. The situation restricts consumers' ability to benefit from a gradually increasing offer of cross-border credit, which is expected to further grow as a result of digitalisation. Those distortions and restrictions may in turn have consequences in terms of reduced demand for goods and services. Only restrictions hampering the cross- border credit offers should be harmonised and the potential disadvantage due to less flexibility and customisations should be always considered. The situation also leads to an inadequate and non-consistent level of protection for consumers across the Union.
Amendment 116 #
2021/0171(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In accordance with Article 26 of the Treaty on the Functioning of the European Union (TFEU), the internal market comprises an area in which the free movement of goods and services and the freedom of establishment are ensured. The development of a more transparent and efficient legal framework for consumer credit should increase consumer trust and welfare and facilitate the development of cross-border activities.
Amendment 116 #
2021/0171(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Where a consumer withdraws from a credit agreement or an agreement for the provision of crowdfunding credit services in connection with which the consumer has received goods, in particular from a purchase in instalments or from a hiring or leasing agreement providing for an obligation to purchase, this Directive should be without prejudice to any regulation by Member States of questions concerning the return of the goods or any related questions.
Amendment 117 #
2021/0171(COD)
Proposal for a directive
Recital 10
Recital 10
(10) In order to improve the functioning of the internal market for consumer credits, it is necessary to provide for a harmonised Union framework in a number of core areas. In view of the developing market in consumer credit, in particular in the online environment, and the increasing mobility of European citizens, forward-looking risk- oriented and proportionate Union legislation which is able to adapt to future forms of credit and which allows Member States the appropriate degree of flexibility in their implementation will help to create a level playing field for businesses.
Amendment 118 #
2021/0171(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is important that consumers benefit from a high level of consumer protection, convenient and cost-efficient solutions. Thus, it should be possible for the free movement of credit offers to take place under optimum conditions for both those who offer credit and those who require it, with due regard to specific situations in the Member States.
Amendment 119 #
2021/0171(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore not be allowed to maintain or introduce national provisions diverging from other than those laid down in this Directive, unless otherwise provided in this Directive. However, such restriction should only apply where there are provisions harmonised in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation. Accordingly, Member States should have the possibility to maintain or introduce national provisions on joint and several liability of the seller or the service provider and the creditor. Member States should also have the possibility to maintain or introduce of national provisions on the cancellation of a contract for the sale of goods or supply of services where the consumer exercises his right of withdrawal from the credit agreement or from the agreement for the provision of crowdfunding credit services. In this respect, Member States, in the case of open-end credit agreements, should be allowed to fix a minimum period needing to elapse between the time when the creditor asks for reimbursement and the day on which the credit has to be reimbursed.
Amendment 120 #
2021/0171(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States, caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
Amendment 122 #
2021/0171(COD)
Proposal for a directive
Recital 15
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, lIn order to strike the right balance and to create proportionate regime, Member States should have flexibility to derogate from certain products, such as consumer credit agreements below the amount of EUR 200 if the overall net impact of the measure is negative due to national specificities. Leasing agreements, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
Amendment 125 #
2021/0171(COD)
Proposal for a directive
Recital 87
Recital 87
(87) Member States should apply the measures necessary to comply with this Directive from [OP: please insert date: sixtwenty-four months from the transposition deadline]. However, taking into account the difficult economic circumstances created by the COVID-19 pandemic and the specific challenges faced by micro, small and medium undertakings, such undertakings should be provided with sufficient time to prepare for the application of this Directive. Hence, as regards micro, small and medium undertakings, Member States should apply the measures necessary to comply with this Directive from [OP: please insert date: 1830 months from the transposition deadline].
Amendment 127 #
2021/0171(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Crowdfunding is increasingly a form of finance available to consumers, typically for small expenses or investments. Regulation (EU) 2020/1503 of the European Parliament and of the Council26 excludes from its scope crowdfunding services, including those facilitating the granting of credit, that are provided to consumers as defined in Directive 2008/48/EC. In this context, this Directive aims to complement Regulation (EU) 2020/1503 by remedying this exclusion by bringing legal clarity on the applicable legal regime for crowdfunding services when a consumer seeks to take out a credit through a provider of crowdfunding credit services other than those under the scope of Regulation (EU) 2020/1503. _________________ 26 Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).
Amendment 129 #
2021/0171(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for them for the duration of their provision by means of instalments, may differ considerably, in terms of the interests of the contractual parties involved, and the modalities and performance of the transactions, from credit agreements covered by this Directive. Therefore, such agreements should not be regarded as credit agreements for the purposes of this Directive. Such agreement includes, for example, an insurance contract, where the insurance is paid for in monthly instalments, electronic communication bundles or energy contracts.
Amendment 130 #
2021/0171(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Information to consumers, such as pre-contractual information or general information, should be provided free of charge. Upon agreement between the creditor or the provider of crowdfunding credit services and the consumer and at the consumers’ request, any additional information or transmission of information can be charged.
Amendment 132 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
(ja) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement; such an obligation shall be deemed to exist if it is so decided unilaterally by the creditor;
Amendment 137 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
Article 2 – paragraph 2 – point j b (new)
(jb) deferred debit cards and deferred payments offered free of interest and charges to be paid less than 30 days from delivery of the good or service;
Amendment 142 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
Article 2 – paragraph 2 – point j c (new)
(jc) credit agreements in the form of an overdraft facilities where the credit has to be repaid within one month;
Amendment 143 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j d (new)
Article 2 – paragraph 2 – point j d (new)
(jd) credit agreements where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable;
Amendment 144 #
2021/0171(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, even when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
Amendment 144 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j e (new)
Article 2 – paragraph 2 – point j e (new)
(je) crowdfunding services provided under the scope of Regulation (EU) 2020/1503.
Amendment 146 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. A Member State may derogate from Article 2 (1) in respect of credit agreements involving a total amount of credit of less than EUR 200 or more than EUR 100 000. Member States shall notify the Commission of the use of a derogation. The Commission shall publish a list of those derogations.
Amendment 148 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. In the case of credit agreements of less than 200 EUR and credit agreements under the terms of which the credit has to be repaid within three months, only Article 1, Article 2, Article 3, Article 8(1), Article 8(2)(a) to (c), Article 18(8), Article 19, Article 30 and Article 37 shall apply. The creditor shall also disclose the annual percentage rate of charge to the consumer in the advertising at the pre-contractual and contractual stage.
Amendment 150 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. In case of hiring and lease agreements where an obligation to purchase the object of the agreement is laid down either by the agreement itself or by any separate agreement, only Articles 1, Article 2, Article 3, Article 19, and Article 37 shall apply. The creditor shall also disclose the annual percentage rate of charge to the consumer in the advertising at the pre-contractual and contractual stage.
Amendment 151 #
2021/0171(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate information, for careful consideration at their own leisure and convenience, at least one day prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 151 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 4 c (new)
Article 2 – paragraph 4 c (new)
4c. In the case of credit agreements of less than 200 EUR and credit agreements under the terms of which the credit has to be repaid within three months and to credit agreements for amounts less than or equal to €3000 which do not provide for the payment of interest or other charges only Article 1, Article 2, Article 3,Article 8(1), Article 8(2)(a) to (c), Article18(8), Article 19, Article 30 and Article 37shall apply. The creditor shall also disclose the annual percentage rate of charge to the consumer in the advertising at the pre-contractual and contractual stage.
Amendment 152 #
2021/0171(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, a Standard European Consumer Credit Overview form summarising the key element of the credit should be provided in addition to the Standard European Consumer Credit Information form, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. Information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 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 158 #
2021/0171(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To ensure the fullest possible transparency and comparability of offers, pre-contractual information should, in particular, include the annual percentage rate of charge applicable to the credit, determined in the same way throughout the Union. As the annual percentage rate of charge can at this stage be indicated only through an example, such example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement or crowdfunding credit services under consideration and, if applicable, to the goods purchased. When determining the representative example, the frequency of certain types of credit agreement or crowdfunding credit services in a specific market should also be taken into account. As regards the borrowing rate, the frequency of instalments and the capitalisation of interest, creditors should use their usual method of calculation for the consumer credit concerned. In case pre-contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should remind consumers, one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
Amendment 158 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for such services or goods for the duration of their provision by means of instalments and except of hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
Amendment 159 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘crowdfunding credit services’ means services provided by a crowdfunding platform to facilitate the granting of consumer credit which falls outside of the scope of Regulation (EU) 2020/1503;
Amendment 162 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘advisory services’ means personal paid recommendations to a consumer in respect of one or more transactions relating to credit agreements or crowdfunding credit services and that constitute a separate activity from the granting of a credit and from the and from the activities of credit intermediary as defined in point (12);
Amendment 170 #
2021/0171(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Member States should take appropriate measures to promote responsible practices during all phases of the credit relationship, taking into account the specific features of their credit market. Those measures may include, for instance, the provision of information to, and the education of, consumers, including warnings about the risks attaching to default on payment and to over- indebtedness. In the expanding credit market, in particular, it is important that creditors should not engage in irresponsible lending or give out credit without prior assessment of creditworthiness. Member States should carry out the necessary supervision to avoid such behaviour of creditors and should determine the necessary means to sanction such behaviour. Without prejudice to the provisions on credit risk of Directive 2013/36/EU of the European Parliament and of the Council32 , creditors or providers of crowdfunding credit services should bear the responsibility of checking individually and proportionally the creditworthiness of the consumer. To that end, creditors or providers of crowdfunding credit services should be allowed to use information provided by the consumer not only during the preparation of the credit agreement or of the agreement for the provision of crowdfunding credit services in question, but also during a long standing commercial relationship. Consumers should also act with prudence and respect their contractual obligations. _________________ 32 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
Amendment 170 #
2021/0171(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union, when those consumers request, conclude or hold a credit agreement or crowdfunding credit services within the Union with exception of differences justified by objective criteria.
Amendment 173 #
2021/0171(COD)
Proposal for a directive
Recital 46
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. The assessment should be proportionate considering the risk-based approach, data minimalisation principle and cost-effectiveness. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
Amendment 179 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
2. The standard information shall be easily legible or clearly audible, as appropriate, and adapted to the technical constraints of the medium used for advertising and shall, if feasible, specify in a clear, concise and prominent way, by means of a representative example, all of the following elements:
Amendment 186 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
In specific and justified cases where the medium used to communicate the standard information referred to in the first subparagraph does not allow the information to be visually displayed, points (e) and (f) in that subparagraph shall not apply. In cases of website pop- ups/banners, social networks advertising, and similar digital forms of advertising points (a), (e) and (f) in that subparagraph shall not apply and these information shall be included in a web page directly linked to such advertisements.
Amendment 187 #
2021/0171(COD)
Proposal for a directive
Recital 48
Recital 48
(48) The Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), establishes that AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. In view of those high stakes, whenever the creditworthiness assessment involves automated processing, the consumer should have a right to obtain human intervention on the part of the creditor or providers of crowdfunding credit services. The consumer should also have the right to obtain a meaningful explanation of the assessment made and of the functioning of the automated processing used, including among others the main variables, the logic and risks involved, as well as a right to express his or her point of view and to contest the assessment of the creditworthiness and the decision.
Amendment 194 #
2021/0171(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
Amendment 196 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one day before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
Amendment 198 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 202 #
2021/0171(COD)
(57) Where a consumer withdraws from a credit agreement or an agreement for the provision of crowdfunding credit services in connection with which the consumer has received goods, in particular from a purchase in instalments or from a hiring or leasing agreement providing for an obligation to purchase, this Directive should be without prejudice to any regulation by Member States of questions concerning the return of the goods or any related questions.
Amendment 202 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point g
Article 10 – paragraph 3 – subparagraph 1 – point g
(g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate; Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account;
Amendment 206 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
Elements stipulated in letters (c), (d), (e), (f), (g) and (m) shall be provided on the front page of the Standard European Consumer Credit Information, visually separated and highlighted in comparison with other elements of the other elements.
Amendment 209 #
2021/0171(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States, caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
Amendment 209 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 220 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
Amendment 221 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 2
Article 10 – paragraph 5 – subparagraph 2
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
Amendment 228 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 230 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
Amendment 231 #
2021/0171(COD)
Proposal for a directive
Recital 87
Recital 87
(87) Member States should apply the measures necessary to comply with this Directive from [OP: please insert date: sixtwenty four months from the transposition deadline]. However, taking into account the difficult economic circumstances created by the COVID-19 pandemic and the specific challenges faced by micro, small and medium undertakings, such undertakings should be provided with sufficient time to prepare for the application of this Directive. Hence, as regards micro, small and medium undertakings, Member States should apply the measures necessary to comply with this Directive from [OP: please insert date: 18 months from the transposition deadline].
Amendment 233 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 234 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Information displayed in the European Consumer Credit Information form and in the Standard Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
Amendment 236 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
Amendment 238 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
Amendment 242 #
2021/0171(COD)
Proposal for a directive
Article 13
Article 13
Amendment 247 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States mayshall allow bundling practices but shall prohibit tying practices.
Amendment 248 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
Amendment 253 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
Article 2 – paragraph 2 – point j b (new)
(j b) deferred debit cards and deferred payments offered free of interest and charges to be paid less than 30 days from delivery of the good or service;
Amendment 254 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, aresult in a clear of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.
Amendment 255 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumerArticle 24 of Directive (EU) 2016/97 applies.
Amendment 256 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
Article 2 – paragraph 2 – point j c (new)
(j c) credit agreements in the form of an overdraft facility where the credit has to be repaid within one month;
Amendment 258 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j d (new)
Article 2 – paragraph 2 – point j d (new)
(j d) credit agreements where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable;
Amendment 259 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j e (new)
Article 2 – paragraph 2 – point j e (new)
(j e) crowdfunding services provided under the scope of Regulation (EU) 2020/1503;
Amendment 260 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point j f (new)
Article 2 – paragraph 2 – point j f (new)
(j f) credit agreements provided by intermediaries and business for whom the provision of such credit agreements does not constitute their core business, and they are provided to consumers merely as payment option.
Amendment 261 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. A Member State may derogate from Article 2 (1) in respect of credit agreements involving a total amount of credit of less than EUR 200 or more than EUR 100 000. Member States shall notify the Commission of the use of a derogation. The Commission shall publish a list of those derogations.
Amendment 267 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. In the case of credit agreements of less than 200 EUR and credit agreements under the terms of which the credit has to be repaid within three months, only Article 1, Article 2, Article 3, Article 8(1), Article 8(2)(a) to (c), Article 18(8), Article 19, Article 30 and Article 37 shall apply. The creditor shall also disclose the annual percentage rate of charge to the consumer in the advertising at the pre-contractual and contractual stage.
Amendment 269 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4 b. In case of hiring and lease agreements where an obligation to purchase the object of the agreement is laid down either by the agreement itself or by any separate agreement, only Articles 1, Article 2, Article 3, Article 19, and Article 37 shall apply. The creditor shall also disclose the annual percentage rate of charge to the consumer in the advertising at the pre-contractual and contractual stage.
Amendment 274 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shallmay require that creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation.
Amendment 276 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for such services or goods for the duration of their provision by means of instalments and except of hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
Amendment 277 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Without prejudice to the possibility of marketing communication, Member States shall prohibit any salegranting of credit to consumers, without their prior request and explicit agreement.
Amendment 282 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘crowdfunding credit services’ means services provided by a crowdfunding platform to facilitate the granting of consumer credit which falls outside of the scope of Regulation (EU) 2020/1503;
Amendment 284 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
The provision in paragraph 1 shall not apply to credit agreements concluded at a point of sale.
Amendment 286 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be proportionate and be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit serviceswhile bearing in mind the proportionate risk assessment to protect financial stability of the creditor and provider of the crowdfunding services and shall take appropriate account of nature, duration, amount of the credit and the risk and profile of the consumer and of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services, according to the nature, duration and amount of the credit and the risk profile of the consumer. The obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by Directive 2013/36/EU, Regulation n. 575/2013 EU and EBA Guidelines ABE/GL/2020/06.
Amendment 299 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitmentsthat shall take appropriate account of nature, duration, amount of the credit and the risk and profile of the consumer. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19.
Amendment 300 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 300 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 25 a (new)
Article 3 – paragraph 1 – point 25 a (new)
(25 a) benchmark’ means any index by reference as defined in Article 3, section 1, point (3), of Regulation (EU) 2016/1011.
Amendment 302 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision- making systems.
Amendment 308 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Member States shall also require that after the conclusion of the credit agreement involving a total amount of credit of more than EUR 50.000, the creditor or the provider of crowdfunding credit services documents and maintains the information referred to in paragraph 2. for a period of at least one year.
Amendment 312 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services may only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement.
Amendment 313 #
2021/0171(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union, when those consumers request, conclude or hold a credit agreement or crowdfunding credit services within the Union with exception of differences justified by objective criteria.
Amendment 318 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Notwithstanding the first subparagraphs, where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement, the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances.
Amendment 319 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. A positive creditworthiness assessment shall not oblige the creditor to provide credit.
Amendment 320 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 322 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point b
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision;
Amendment 323 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point b
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clearn explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision;
Amendment 324 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
Amendment 325 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decision.
Amendment 327 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data.
Amendment 329 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The standard information shall be easily legible or clearly audible, as appropriate, and adapted to the technical constraints of the medium used for advertising and shall, if feasible, specify in a clear, concise and prominent way, by means of a representative example, all of the following elements considering the relevance or existence of the elements for a type of advertised credit:
Amendment 330 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
9a. A Member State may derogate from Article 18 in respect of credit agreements involving a total amount of credit of less than EUR 200, credit agreements where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months. Member States shall notify the Commission of the use of such derogation. The Commission shall publish a list of those derogations.
Amendment 333 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Paragraph 1 shall apply both to public and private credit databases.
Amendment 336 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In specific and justified cases where the medium used to communicate the standard information referred to in the first subparagraph does not allow the information to be visually displayed, points (e) and (f) in that subparagraph shall not apply. In cases of website pop- ups/banners, social networks advertising, sms, and similar digital forms of advertising points (a), (e) and (f) in that subparagraph shall not apply and these information shall be included in a web page directly linked to such advertisements.
Amendment 352 #
2021/0171(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e
Article 9 – paragraph 2 – point e
Amendment 358 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 – point b
Article 26 – paragraph 1 – subparagraph 2 – point b
(b) the day on which the consumer receives the contractual terms and conditions and informationinformation on the right of withdrawal in accordance with Articles 20 and 21, if that day is later than the date referred to in point (a) of this subparagraph1.1 p).
Amendment 360 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3 a (new)
Article 26 – paragraph 1 – subparagraph 3 a (new)
If the creditor or the provider of crowdfunding credit services has not provided the consumer with the information on the right of withdrawal in accordance with Article 21.1 p), the withdrawal period shall expire 6 months after the day of the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 360 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one day before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services”.
Amendment 362 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 370 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into considerationexcept for the costs corresponding to services effectively provided to the consumer or to costs effectively incurred by the creditor, as well as third party costs shall be taken into consideration. The upfront costs should be identified in the credit contract. Costs that remunerate credit intermediaries' activities or costs that do not remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. As regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.
Amendment 373 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 380 #
2021/0171(COD)
Proposal for a directive
Article 31
Article 31
Amendment 387 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. Member States shallmay introduce caps on one or more of the following:
Amendment 391 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point g
Article 10 – paragraph 3 – point g
(g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate; Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account;
Amendment 400 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States may introduce additional caps for revolving credit facilitiesThe provision of Paragraph 1 is considered fulfilled whereas there are national legislations already in force setting up caps on one of the options listed in letters a, b, c.
Amendment 414 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
Elements stipulated in letters (c), (d), (e), (f), (g) and (m) shall be provided on the front page of the Standard European Consumer Credit Information, visually separated and highlighted in comparison with other elements of the other elements.
Amendment 418 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 423 #
2021/0171(COD)
Proposal for a directive
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall assess and publish a report on the financial education available toNot later than 12 months from the date the Directive is adopted, the Commission shall adopt delegating act with measurable result indicators, enabling Member States to benchmark themselves with other countries and assess and publish a report on progress in financial literacy of consumers in the Member States and identify examples of best practices which could be further developed in order to increase the financial awareness of consumers.
Amendment 442 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – introductory part
Article 10 – paragraph 5 – introductory part
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
Amendment 449 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
Amendment 455 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
An entity admitted, registered or authorised pursuant to national law applicable to provision of services stipulated in this Directive prior to the entry into force of this Directive is considered admitted, registered or authorised for providing services according to this Directive for which it was authorised or registered according to national law.
Amendment 456 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1 b (new)
Article 37 – paragraph 1 b (new)
Where an creditor and credit intermediary admitted, registered or authorised pursuant to national law applicable to services that are included in the scope of this Directive prior to the entry into force of this Directive, applies for admission, authorisation or registration as service provider under this Directive, the Member State shall not require that entity to provide information or documents which it has already submitted when applying for admission, authorisation or registration pursuant to national law, provided that such information or documents remain up-to-date and are accessible to the competent authority.
Amendment 456 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 457 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1 c (new)
Article 37 – paragraph 1 c (new)
Amendment 464 #
2021/0171(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and of those measures to the Commission by [OP: please insert date - six24 months from the transposition deadline] and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 465 #
2021/0171(COD)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 1% and not more than 4% of the creditor, the credit intermediary or the provider of crowdfunding credit services’ annual turnover in all Member States concerned by the coordinated enforcement action. Member states shall proportionally reduce the fine in case when the turnover of the enterprise comprises not only of providing consumer credits, but also of other activities.
Amendment 465 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
Amendment 467 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The Commission shall undertake, every five years and for the first time five years from the date of application, an evaluation of this Directive. The evaluation shall include (a) an assessment of the thresholds laid down in Article 2(2), point c, and in Part II of Annex IV, and(b) an assessment of the percentages used to calculate the compensation payable in the event of early repayment as referred to in Article 29, in the light of economic trends in the Union and the situation in the market concerned. ; (c) the functioning of the market for consumer credit in the Union, including market development and trends, taking into account supervisory experience, the number of providers and their market share, as well as the impact of this Directive in relation to other relevant Union law; (d) whether the requirements set out in Article 10, Article 11 and Article 18 remain appropriate to pursue the objectives of this Directive; (e) the impact of this Regulation on the proper functioning of the Union’s internal market for consumer credit; (f) the implementation of technological innovation in the lending sector, including the application of new innovative business models and technologies including electronic identification; (g) whether the information to be included in the credit agreement set out in Article 21 remain appropriate to pursue the objectives of this Directive; (h) the effects that national laws, regulations and administrative provisions governing marketing communications have on the freedom to provide services, competition and investor protection; (i) the total number and the market share of creditors and crowdfunding providers registered under this Directive, classified by small, medium-sized and large enterprises; (j) volumes and trends of the cross- border provision of credits per Member State; (k) the share of the credits provided under this Directive in the global credit market and the Union financial market; (l) the costs of complying with this Directive for creditors and crowdfunding service providers as a percentage of operational costs; (m) the volume of credits withdrawn by consumers within the withdrawal period, its share of the total volume of credits, classified by a type and size of the credit, including credits under EUR 200, and, based on those data, assess whether the duration and the nature of the withdrawal period set out in Article 26 is appropriate and does not harm the efficiency of the capital raising process or investor protection; (n) the number and amount of penalties imposed according to or in relation with this Directive classified by Member States; (o) types and trends of fraudulent or other undesirable behaviour of creditors, crowdfunding service providers, third parties and consumers occurring in relation to this Directive.
Amendment 468 #
2021/0171(COD)
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
Directive 2008/48/EC is repealed with effect from [OP: please insert date - sixtwenty-four months from the transposition deadline]. However, as regards relations, within the scope of this Directive, between consumers and creditors or credit intermediaries or providers of crowdfunding credit services who qualify as micro, small and medium undertakings as referred to in Article 3 of Directive 2013/34/EU of the European Parliament and of the Council45 , Directive 2008/48/EC shall continue to apply until [OP: please insert date - 1830 months from the transposition deadline]. __________________ 45 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 469 #
2021/0171(COD)
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
Directive 2008/48/EC shall also continue to apply to credit agreements existing on [OP: please insert date - six24 months from the transposition deadline] until [their termination].
Amendment 471 #
2021/0171(COD)
Proposal for a directive
Article 47 – paragraph 3
Article 47 – paragraph 3
However, Articles 23 and 24, Article 25(1), second sentence, Article 25(2) and Articles 28 and 39 of this Directive shall apply to all open-end credit agreements existing on [OP: please insert date - sixtwenty four months from the transposition deadline].
Amendment 473 #
2021/0171(COD)
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
1. Member States shall adopt and publish, by [OP: please insert date - 24 months from the date the Directive is adopted] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [OP: please insert date - six24 months from the transposition deadline].
Amendment 475 #
2021/0171(COD)
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 2
Article 48 – paragraph 1 – subparagraph 2
Amendment 477 #
2021/0171(COD)
Proposal for a directive
Annex II
Annex II
Amendment 477 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 482 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Information displayed in the European Consumer Credit Information form and in the Standard Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
Amendment 485 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
Amendment 492 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
Amendment 499 #
2021/0171(COD)
Proposal for a directive
Article 13
Article 13
Amendment 508 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States mayshall allow bundling practices butand shall prohibit tying practices.
Amendment 514 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, aresult in a clear of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.
Amendment 518 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumerArticle 24 of Directive(EU) No 2016/97 applies.
Amendment 537 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shallmay require that creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services to warn a consumer when a credit agreement or crowdfunding credit services may induce a specific risk for the consumer considering his or her financial situation.
Amendment 543 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Without prejudice to the possibility of marketing communication, Member States shall prohibit any salegranting of credit to consumers, without their prior request and explicit agreement.
Amendment 547 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
The provision in paragraph 1 shall not apply to credit agreements concluded at a point of sale.
Amendment 549 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be proportionate and be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, while bearing in mind the proportionate risk assessment to protect financial stability of the creditor and provider of the crowdfunding services and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services, according to the nature, duration and amount of the credit and the risk profile of the consumer. The obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by Directive2013/36/EU, Regulation n. 575/2013 EU and EBA Guidelines ABE/GL/2020/06.
Amendment 562 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitmentsthat shall take appropriate account of nature, duration, amount of the credit and the risk and profile of the consumer. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19.
Amendment 565 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 568 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision- making systems.
Amendment 581 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. Member States shall also require that the creditor or, where applicable, the provider of crowdfunding credit services establishes procedures for the assessment referred to in paragraph 1 and thatafter the conclusion of the credit agreement involving a total amount of credit of more than EUR 50.000, the creditor or the provider of crowdfunding credit services documents and maintains such proceduresthe information referred to in paragraph 2 for a period of at least one year.
Amendment 588 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services may only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement.
Amendment 597 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4 a. A positive creditworthiness assessment shall not oblige the creditor to provide credit.
Amendment 598 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 611 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point b
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision;
Amendment 615 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
Amendment 617 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decision.
Amendment 619 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data.
Amendment 629 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
9 a. A Member State may derogate from Article 18 in respect of credit agreements involving a total amount of credit of less than EUR 200, credit agreements where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months. Member States shall notify the Commission of the use of such derogation. The Commission shall publish a list of those derogations.
Amendment 636 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Paragraph 1 shall apply both to public and private credit databases.
Amendment 641 #
2021/0171(COD)
4 a. Not later than 12 months after entering into force of this Directive, the Commission shall produce guidelines and publish best practices as regards provision of database information to creditors.
Amendment 674 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 – point b
Article 26 – paragraph 1 – subparagraph 1 – point b
(b) the day on which the consumer receives the contractual terms and conditions and informationinformation on the right of withdrawal in accordance with Articles 20 and 21, if that day is later than the date referred to in point (a) of this subparagraph1.1 p).
Amendment 678 #
2021/0171(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The deadline referred to in the first subparagraph shall be deemed to have been met if the notification referred to in paragraph 3, point (a), is dispatched by the consumer to the creditor of to the provider of crowdfunding credit services before that deadline expires. If the creditor or the provider of crowdfunding credit services has not provided the consumer with the information on the right of withdrawal in accordance with Article 21.1 p), the withdrawal period shall expire 6 months after the day of the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 689 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into considerationexcept for the costs corresponding to services effectively provided to the consumer or to costs effectively incurred by the creditor, as well as third party costs shall be taken into consideration. The upfront costs should be identified in the credit contract. Costs that remunerate credit intermediaries activities or costs that do not remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. As regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.
Amendment 696 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 705 #
2021/0171(COD)
Proposal for a directive
Article 31
Article 31
Amendment 743 #
2021/0171(COD)
Proposal for a directive
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall assess and publish a report on the financial education available toNot later than 12 months from the date the Directive is adopted, the Commission shall adopt delegating act with measurable result indicators, enabling Member States to benchmark themselves with other countries and assess and publish a report on progress in financial literacy of consumers in the Member States and identify examples of best practices which could be further developed in order to increase the financial awareness of consumers.
Amendment 765 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
An entity admitted, registered or authorised pursuant to previous paragraph prior to the entry into force of this Directive is considered admitted, registered or authorised for providing services according to this Directive for which it was authorised or registered according to national law.
Amendment 767 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1 b (new)
Article 37 – paragraph 1 b (new)
Where an creditor and credit intermediary admitted, registered or authorised pursuant to national law applicable to services that are included in the scope of this Directive prior to the entry into force of this Directive, applies for admission, authorisation or registration as service provider under this Directive, the Member State shall not require that entity to provide information or documents which it has already submitted when applying for admission, authorisation or registration pursuant to national law, provided that such information or documents remain up-to-date and are accessible to the competent authority.
Amendment 769 #
2021/0171(COD)
Proposal for a directive
Article 37 – paragraph 1 c (new)
Article 37 – paragraph 1 c (new)
Creditors and credit intermediaries may continue in accordance with the applicable national law to provide services that are included within the scope of this Directive until 30 June 2024 or until they are granted admission, authorisation or registration to provide services according to this Directive, whichever is sooner. Until 30 June 2024, Member States may have in place simplified admission, authorisation or registration procedures for creditors, credit intermediaries and crowdfunding service providers that, at the time of entry into force of this Directive, are authorised under national law to provide crowdfunding services.
Amendment 785 #
2021/0171(COD)
Proposal for a directive
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those rules and of those measures to the Commission by [OP: please insert date - sixtwenty four months from the transposition deadline] and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 786 #
2021/0171(COD)
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 1% and not more than 4% of the creditor, the credit intermediary or the provider of crowdfunding credit services’ annual turnover in all Member States concerned by the coordinated enforcement action. Member states shall proportionally reduce the fine in case when the turnover of the enterprise comprises not only of providing consumer credits, but also of other activities.
Amendment 792 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The Commission shall undertake, every five years and for the first time five years from the date of application, an evaluation of this Directive. The evaluation shall include an assessment of a) the thresholds laid down in Article 2(2), point c, and in Part II of Annex IV, and ofb) the percentages used to calculate the compensation payable in the event of early repayment as referred to in Article 29, in the light of economic trends in the Union and the situation in the market concerned. ; c) the functioning of the market for consumer credit in the Union, including market development and trends, taking into account supervisory experience, the number of providers and their market share, as well as the impact of this Directive in relation to other relevant Union law; d) whether the requirements set out in Article 10, Article 11 and Article 18 remain appropriate to pursue the objectives of this Directive; e) the impact of this Regulation on the proper functioning of the Union’s internal market for consumer credit; f) the implementation of technological innovation in the lending sector, including the application of new innovative business models and technologies including electronic identification; g) whether the information to be included in the credit agreement set out in Article 21 remain appropriate to pursue the objectives of this Directive; h) the effects that national laws, regulations and administrative provisions governing marketing communications have on the freedom to provide services, competition and investor protection; i) the total number and the market share of creditors and crowdfunding providers registered under this Directive, classified by small, medium-sized and large enterprises; j) volumes and trends of the cross-border provision of credits per Member State; k) the share of the credits provided under this Directive in the global credit market and the Union financial market; l) the costs of complying with this Directive for creditors and crowdfunding service providers as a percentage of operational costs; m) the volume of credits withdrawn by consumers within the withdrawal period, its share of the total volume of credits, classified by a type and size of the credit, including credits under EUR 200, and, based on those data, assess whether the duration and the nature of the withdrawal period set out in Article 26 is appropriate and does not harm the efficiency of the capital raising process or investor protection; n) the number and amount of penalties imposed according to or in relation with this Directive classified by Member States; o) types and trends of fraudulent or other undesirable behaviour of creditors, crowdfunding service providers, third parties and consumers occurring in relation to this Directive.
Amendment 797 #
2021/0171(COD)
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
Directive 2008/48/EC is repealed with effect from [OP: please insert date - sixtwenty four months from the transposition deadline]. However, as regards relations, within the scope of this Directive, between consumers and creditors or credit intermediaries or providers of crowdfunding credit services who qualify as micro, small and medium undertakings as referred to in Article 3 of Directive 2013/34/EU of the European Parliament and of the Council45 , Directive 2008/48/EC shall continue to apply until [OP: please insert date - 1830 months from the transposition deadline]. _________________ 45 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 798 #
2021/0171(COD)
Proposal for a directive
Article 47 – paragraph 2
Article 47 – paragraph 2
Directive 2008/48/EC shall also continue to apply to credit agreements existing on [OP: please insert date - sixtwenty four months from the transposition deadline] until [their termination].
Amendment 799 #
2021/0171(COD)
Proposal for a directive
Article 47 – paragraph 3
Article 47 – paragraph 3
However, Articles 23 and 24, Article 25(1), second sentence, Article 25(2) and Articles 28 and 39 of this Directive shall apply to all open-end credit agreements existing on [OP: please insert date - sixtwenty four months from the transposition deadline].
Amendment 800 #
2021/0171(COD)
Proposal for a directive
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Member States shall adopt and publish, by [OP: please insert date - 24 months from the date the Directive is adopted] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [OP: please insert date - sixtwenty four months from the transposition deadline].
Amendment 801 #
2021/0171(COD)
Proposal for a directive
Article 48 – paragraph 1 – subparagraph 1
Article 48 – paragraph 1 – subparagraph 1
Amendment 804 #
2021/0171(COD)
Proposal for a directive
Annex II
Annex II
Amendment 173 #
2021/0170(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not covered by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of accidents, the right of information for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation whento the extent that there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 175 #
2021/0170(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The precautionary principle is a fundamental principle for ensuring the safety of products and consumerrisk-based approach is a proportionate way to ensure a high level of safety of products and consumers, while guaranteeing that efforts are focused on the products possessing realistic hazards and should therefore be taken into due account by all relevant actors when applying this Regulation.
Amendment 178 #
2021/0170(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimatelyto the extent that it can reasonably be expected to result in a risk to the health and safety of consumers. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
Amendment 192 #
2021/0170(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 196 #
2021/0170(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. However, it should be ensured, in case of gaps inProducts which are complaint with [Regulation (EU) No 2022/30], or other Union legal acts applicable to the product in question, should be considered as being in compliance with this Regulation in regard to the cybersecurity requirements. However, it should be ensured that, in exceptional cases where the sectorial legislation, that cannot be applied, the relevant economic operators and national authorities take into consideration risks linked to new technologies, respectively when designing the products and assessing them, in order to ensure that changes introduced in the product do not jeopardise its safety.
Amendment 197 #
2021/0170(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well asthe characteristics of the product, including its composition, packaging, instructions, taking into account the nature of the product, for assembly, maintenance or commissioning; product appearance, labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. Furthermore, the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
Amendment 233 #
2021/0170(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act]concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation. SWhere applicable, such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. Marketplaces should be allowed a degree of flexibility concerning listings such as custom or craft products. Similarly, microenterprises or one-person businesses should be exempted from certain obligations, in order to avoid unnecessary side-effects such as disclosure of personal information. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader.
Amendment 236 #
2021/0170(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is also important that online marketplaces closely cooperate with the market surveillance authorities, law enforcement authorities and with relevant economic operators on the safety of products. For example marketplaces could elevate their online interface to redirect consumers to valuable information on recalls, listed by relevant market surveillance authorites. An obligation of cooperation with market surveillance authorities is imposed on information society service providers under Article 7(2) of Regulation (EU) 2019/1020 in relation to products covered by that Regulation and should therefore be extended to all consumer products. For instance, market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. For these tools to be operational, online marketplaces should grant access to their interfaces. Moreover, for the purpose of product safety, market surveillance authorities may also need to scrape data from the online marketplaces.
Amendment 301 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. This Regulation shall be applied taking due account of the precautionary principlerisk-based approach.
Amendment 307 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 315 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 317 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. 'high-risk product' means the products/product categories listed in Annex [ ];
Amendment 318 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
5 a. 'accident' means a sudden event or incident that occurs as a result of using a product and resulting in death or injury requiring medical treatment, such as cuts, poisoning and burns;
Amendment 328 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. ‘online marketplace’ means a provider of an intermediary service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumtraders for the sale of products covered by this Regulation;
Amendment 333 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;
Amendment 335 #
2021/0170(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) existing conventional law,
Amendment 342 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) if it conforms to relevant European standards or parts thereof as far as the risks and risk categories covered are concerned, the references of which have been published in the Official Journal of the European Union in accordance with Article 10(76) of Regulation (EU) 1025/2012;
Amendment 344 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms to such national requirements and complies fully with Regulation (EU) 2019/515.
Amendment 346 #
2021/0170(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shallmay adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down the general safety requirement laid down in Article 5 where the following conditions have been fulfilled: (a) no reference to harmonised standards covering the relevant essential health and safety requirement is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; and (b) the Commission has justified the reason for not publishing in the Official Journal any European standard , vis-a-vis the Committee of Standards referred to in Article 22 of Regulation (EU) No 1025/2012 and that Committee has endorsed the justification applying Article 5 of Regulation (EU) No 182/2011. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
Amendment 357 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Where the presumption of safety laid down in Article 56 does not apply, the following aspects shall be taken into account in particular when assessing whether a product is safe:
Amendment 362 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other productwhen the interaction of those other products are reasonably foreseeable;
Amendment 374 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) when required by the nature of product, the appropriate cybersecurity features necessary to protect the product against unplanned external influences, including malicious third parties, when such an influence might have an impact on the safety of the product or measures to mitigate the impact on safety to an acceptable level;
Amendment 379 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point i
Article 7 – paragraph 1 – point i
(i) the evolving, learning and predictive functionalities of a product. when such an influence has an impact on the safety of the product;
Amendment 389 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. By … [6 months after the date of entry into force of this Regulation] the Commission shall publish guidelines with regard to the extended WHO definition of 'health' and how it will impact the assessment provided for in this Article, including sample cases and relevant information for stakeholders.
Amendment 404 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them manufacturer of any accident or safety issue they have experienced with the product.
Amendment 407 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 414 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Manufacturers shall keep distributors, importers and online marketplaces in the concerned downstream supply chain informed of any relevant safety issue that they have identified.
Amendment 431 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark, the website and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 436 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. The instructions may be provided in a digital format unless otherwise requested by consumers at the time of purchase of the product. Consumers shall be informed about the opportunity to obtain non- digital instructions and safety information prior to the transaction.
Amendment 447 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, understood also as ceasing of functioning or of utilising the product, as appropriate.
Amendment 451 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 11
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product hasWhere a corrective measure has been taken by a market surveillance authority or where a manufacturer is to act on its own initiative after discovering a relevant risk, consumers shall be notified of the risk to their health and safety presented by a product to that effect, giving details, in particular, of the risk to health and safety of the consumer and of any corrective measure already taken. Relevant market surveillance authority shall be notified about the approximate number of products in question, left on the market. The notification shall been made available to that effect, giving details,via the Safety Portal referred to in paArticular, of the risk to health and safety of consumers and of any corrective measure already takenle 32 or the Safety Business Gateway referred to in Article 25, respectively, or where appropriate via tools provided for in paragraph 2 of this Article.
Amendment 455 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A manufacturer may, by a written mandate, appoint an authorised representative. A copy of the mandate shall be made available to the relevant market surveillance authorities.
Amendment 489 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and relevant market surveillance authorities, including information about the approximate number of products in question, left on the market, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken.
Amendment 502 #
2021/0170(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Single notification for supply chain The notification obligation referred to in Article 8(11), Article 10(8) and Article 11(3) and (4) of this Regulation, shall be considered sufficient if submitted by a single entity from the relevant supply chain in order to avoid duplication of notifications.
Amendment 503 #
2021/0170(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 504 #
2021/0170(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) the changes have not been made by the consumer for their own use. or are performed upon specific request by the consumer in order to customise the product;
Amendment 511 #
2021/0170(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. Market surveillance authorities may request the economic operators to submit regular progress reports where required by the magnitude of the risk or inefficient corrective actions by the economic operator, and decide whether or when the corrective measure can be considered completed.
Amendment 514 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. For the products, categories or groups of products covered by a delegated act referred to in paragraph 2b of this Article, Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by this Regulationhigh-risk products. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
Amendment 525 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. When the products referred to in paragraph 1 of this Article which are made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of such products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 526 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. The Commission is empowered to adopt delegated acts in accordance with Article 41 to supplement this Regulation by determining the products, categories or groups of products for which an obligation referred to in paragraph 1 of this Article is to apply. When adopting those delegated acts, the Commission shall take into account the potential risk to the health and safety of consumers caused by the products concerned, based on the information from Safety gate, consultations with the Member States authorities and other relevant evidence.
Amendment 527 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The name, registered trade name or registered trade mark, website and contact details, including the postal and electronic address, of the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be indicated on the product or on its packaging, the parcel or an accompanying document. The Commission is empowered to adopt delegated act in accordance with Article 41 to amend this Regulation by adjusting the list set out in the first subparagraph of this paragraph appropriately to market trends and wide adoption of certain technologies, such as QR code.
Amendment 529 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
Amendment 531 #
2021/0170(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall put in place procedures for providing economic operators, at their request and free of charge, with information with respect to the implementation of this Regulationnational transposition and implementation of Union harmonisation legislation applicable to products. For this purpose, Article 9(1), (4) and (5) of Regulation (EU) 2019/515 shall apply.
Amendment 541 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 543 #
2021/0170(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3 a. When preparing the delegated acts referred to in paragraph 3, the Commission shall continue consultations with the stakeholders and Member States, organised via existing or ad hoc expert groups, and shall take due account of the recommendations;
Amendment 547 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) pictures and other information to identify the product, including its type and, when available, batch or serial number and any oand any other product identifier that allows ther product type to be identifierd;
Amendment 555 #
2021/0170(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The manufacturer shall ensure that, through the Safety Business Gateway referred to in Article 25, an accident demonstrably caused by a product placed or made available on the market is notified, within two working days from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
Amendment 582 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate. For those purposes, the market surveillance authority shall allow communication by email or other digital automated system, and to that end shall publish necessary information for that purpose on the Safety Gate.
Amendment 595 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders, where applicable, to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
Amendment 601 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 5 – point c
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch or serial number and an any other product identifier necessary to identify other product identifiertype;
Amendment 613 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a
Article 20 – paragraph 6 – point a
(a) cooperatinge with market surveillance authorities and with relevant economic operators to ensure effective product recalls, including by abstaining from putting obstacles to product recalls and informing consumers thereof;
Amendment 616 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point a a (new)
Article 20 – paragraph 6 – point a a (new)
(a a) inform traders and market surveillance authorities about the information communicated by consumers on accidents or safety issues with regard to the product offered for sale online by those traders through their services;
Amendment 619 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) subject to paragraph 6a, allowing access to their interfaces for the online tools operaApplication Programming Interfaces (APIs) for the sending of functions calls via those APIs to facilitate a reasoned requested by market surveillance authorities to identify dangerous products;
Amendment 623 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point e
Article 20 – paragraph 6 – point e
(e) uponsubject to paragraph 6a, upon a precise data request of the market surveillance authorities concerning individual or linked cases, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping), allowing to scrape the scraping of such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.
Amendment 627 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 a (new)
Article 20 – paragraph 6 a (new)
Amendment 670 #
2021/0170(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a new type of product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, after consulting and taking due account of the opinion of Member States' authorities, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
Amendment 682 #
2021/0170(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State shall be presumed dangerous by market surveillance authorities in other Member States unless the risks identified by the Member State concerned do not apply in other Member States.
Amendment 709 #
2021/0170(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Information available to the authorities of the Member States or to the Commission relating to measures on products presenting relevant risks to consumer health and safety shall in general be made available to the public, in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. In particular, the public shall have access to information on product identification, the nature of the risk and the measures taken. This information shall be provided in accessible formats for persons with disabilities.
Amendment 725 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators, in accordance with their respective obligations as provided for in Articles 8, 9, 10 and 11, shall directly notify all affected consumers that they can identify. Economic operators who collect their customers’ personal data shall be allowed to make use of this information for recalls and safety warnings.
Amendment 730 #
2021/0170(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shallmay offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.
Amendment 737 #
2021/0170(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point d
Article 34 – paragraph 2 – point d
(d) clear description of the action consumers should take, including an instruction to immediately stop using the recalled product or an alternative equally effective measure that ensures the safety of the consumer and the product;
Amendment 741 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist ofe consumer shall be given the opportunity to choose from at least onetwo of the following options:
Amendment 742 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374/EEC, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 743 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771, in the case of a recall, the economic operator responsible for the recall shall offer to the consumer an effective, cost-free and timely remedy. That remedy shall consist of at least one of the following:
Amendment 745 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) cost-free repair of the recalled product;
Amendment 746 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) cost-free replacement of the recalled product with a safe one of the same type and at least the same value and quality;
Amendment 747 #
2021/0170(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) refund of the value of the purchase price at the time of acquiring of the recalled product.
Amendment 766 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and assessed case-by-case. Member States shall, by [insert date - 312 months after to the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 767 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point e
Article 40 – paragraph 2 – point e
Amendment 770 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 3 – point i
Article 40 – paragraph 3 – point i
(i) falsifydamaging test resultssamples or obstructing sample testing.
Amendment 774 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 5 – introductory part
Article 40 – paragraph 5 – introductory part
5. Member States may also impose periodic penalty payments to compel economic operators or online marketplaces, where applicable:
Amendment 776 #
2021/0170(COD)
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. By 31 March of each year, Member States shall inform the Commission ofThe Commission shall collect relevant data entered by Member States' authorities from Safety Gate about the type and the size of the penalties imposed under this Regulation, identify the actual infringements of this Regulation, and indicate and consolidate information regarding the identity of economic operators or online marketplaces upon which penalties have been imposed.
Amendment 779 #
2021/0170(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The power to adopt delegated acts referred to in Article 8(7), Article 15(3) and Article 17(3) shall be conferred on the Commission for an indeterminate period of time from [insert date - the date of entry into force of this Regulation].
Amendment 780 #
2021/0170(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. A delegated act adopted pursuant to Article 17(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 785 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
Amendment 29 #
2021/0114(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Foreign subsidies can distort the internal market and undermine the level playing field for various economic activities in the Union. This could in particular occur in the context of concentrations entailing a change of control over Union undertakings, where such concentrations are fully or partially financed through foreign subsidies, or if undertakings benefiting from foreign subsidies are awarded public contracts in the Union in sectors with low competition level or high risk of distortion. The financial contributions provided by the signatories of the WTO Agreement on Government Procurement should not be considered as distortive, and should therefore not trigger the notification obligation.
Amendment 33 #
2021/0114(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Foreign subsidy in the context of this Regulation should be understood as an intervention that meets threeall cumulative conditions.
Amendment 34 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution provided, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country. The financial contribution granted by the signatories of the WTO Agreement on Government Procurement should not be considered as distorting the internal market, as those countries meet relevant standards of open rules-based economies.
Amendment 41 #
2021/0114(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Once the existence of a foreign subsidy is established, the Commission should assess whether the foreign subsidy distorts the internal market. Unlike State aid granted by a Member State, foreign subsidies are not generally prohibited. Subsidies in the form of export financing may be a cause of particular concern because of their distortive effects. This is not the case if such financing is provided in line with the OECD Arrangement on officially supported export credits. The Commission should assess on a case-by- case basis whether a foreign subsidy distorts the internal market. The Commission should transparently publish the measurable indicators, which are considered in the assessment.
Amendment 42 #
2021/0114(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The lack of transparency concerning many foreign subsidies and the complexity of the commercial reality may make it difficult to unequivocally identify or quantify the impact of a given foreign subsidy on the internal market. To determine the distortion, it therefore appears necessary to use a non-exhaustive set of indicators. When assessing the extent to which a foreign subsidy can improve the competitive position of the undertaking concerned and, in doing so, actually or potentially negatively affects competition in the internal market, the Commission could have regard to certain indicators. The indicators should be quantifiable so that they provide reasonable evidence of distortion by foreign subsidies, including but not limited to the amount and nature of the subsidy, the purpose and conditions attached to the foreign subsidy as well as its use in the internal market.
Amendment 44 #
2021/0114(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Like certain types of State aid, also certain categories of foreign subsidies, such as unlimited guarantees, are likely to create distortions in the internal market because of their nature. Those categories should not require a detailed assessment based on indicators. An undertaking could in any event show that the foreign subsidy in question would not distort the internal market in the specific circumstances of the case.
Amendment 49 #
2021/0114(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The remedy should not, in any case, impose upon undertakings to provide, disclose or publish the business secret and intellectual property such as patents. The protection of such confidential information should be respected.
Amendment 50 #
2021/0114(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 53 #
2021/0114(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission should have the power to impose fines and periodic penalty payments. The Commission should review the effectiveness of the measures.
Amendment 55 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission could require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 56 #
2021/0114(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The need to address distortive foreign subsidies is especially salient in public procurement, given its economic significance in the internal market and the fact that it is financed by taxpayer funds. The Commission should have the power, upon notification prior to the award of a public contract or concession, to examine information on foreign financial contributions to the participating undertakings in the context of a public procurement procedure. Prior notifications should be mandatory above athe combined thresholds set in this Regulation to capture economically significant cases while minimising the administrative burden and not hindering the participation of SMEs in public procurement. That obligation of prior notification above athe combined thresholds should also apply to groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU of the European Parliament and of the Council40 , Article 19(2) of Directive 2014/24/EU of the European Parliament and of the Council41 and Article 37(2) of Directive 2014/25/EU of the European Parliament and of the Council42 . It should also apply to the main subcontractors and the main suppliers of undertaking. The undertakings that did not receive any foreign financial contributions should not be obliged to submit a notification. No notification means that the undertaking declares not to have received foreign contribution in the last three years automatically. This should limit the administrative burden on undertakings, which did not receive foreign financial contributions. The same rule of no mandatory notification should apply also for undertakings, which receive the foreign financial contribution below the thresholds set out in this Regulation. _________________ 40 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). 41 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 42 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Amendment 60 #
2021/0114(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) In order to provide legal certainty and to streamline the public procurements, the undertaking should be able to request the assessment of foreign financial contributions on its own initiative.
Amendment 62 #
2021/0114(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Foreign subsidies that enable an undertaking to submit a tender which is unduly advantageous in relation to the works, supplies or services concerned should be deemed to actually or potentially create a distortion in a public procurement procedure. Those distortions should therefore be assessed on the basis of the non-exhaustive set of indicators described in recitals 13 and 14publicly available set of measurable indicators as well as the notion of unduly advantageous tender. The indicators should allow to determine how the foreign subsidy distorts competition by improving the competitive position of an undertaking and enabling it to submit an unduly advantageous tender. The opportunity should be given to undertakings to justify that the tender is not unduly advantageous, including by adducing the elements referred to in Article 69(2) of Directive 2014/24/EU. The prohibition of the award should only apply where the advantageous nature of the tender benefiting from foreign subsidies cannot be justified, the tender would be awarded the contract and the undertaking submitting the tender did not offer commitments considered appropriate and sufficient to fully and effectively remove the distortion.
Amendment 64 #
2021/0114(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Restrictions to Articles 34, 49, 56 and 63 of the Treaty can be justified by the need to avoid unfair competition, provided that such restrictions, like other restrictions of fundamental freedoms comply with the general principles of Union law, such as proportionality, legal certainty, and with fundamental rights.
Amendment 65 #
2021/0114(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way that takes into account the interests of SMEs. It is of particular importance that the Commission carries out analysis during the preparations of those acts, mainly including the quantified cost- benefit analysis and ex-ante analysis on impact on consumers and consumers' welfare. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, 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-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 70 #
2021/0114(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) This Regulation addresses distortive foreign subsidies granted to an undertaking engaging in an economic activity in the internal market. An undertaking acquiring control or merging with an undertaking established in the Union or an undertaking participating in a public procurement procedure is considered to be engaging in an economic activity in the internal market.
Amendment 72 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
(1) A distortion on the internal market shall be deemed to exist where a direct causal link between the distortion identified and the subsidies received exists and where a foreign subsidy is liable to improve the competitive position of the undertaking concerned in the internal market and where, in doing so, the investigation provides evidence that it actually or potentially negatively affects competition on the internal market. Whether there is a distortion on the internal market shall be determined on the basis of indicators, which may include the following:
Amendment 74 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 76 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) market concentration in the market concerned, including short and medium-term trends; (eb) the frequency of economic activity or public procurement tenders in the internal markets;
Amendment 79 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) A foreign subsidy is unlikely to distort the internal market if: (a) its total amount is below EUR 5 million over any consecutive period of three fiscal years, or (aa) the market concentration on the relevant market is low or the market is contestable and the trend over the last 5 years does not indicate worsening the level of concentration; or (ab) the foreign subsidy is granted by the third country, which has in place a legislative measure for the review of subsidies that guarantee the equivalent level of competition protection. By 30 June 2023, the Commission shall publish the list of such countries. This list shall be regularly reviewed.
Amendment 84 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) By 30 June 2023, the Commission shall publish the Guidelines providing further examples and clarification on how each indicator of distortion will be applied, including the types and purposes of subsidies that cause distortion in the internal market. The Guidelines shall be regularly updated.
Amendment 86 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
Amendment 88 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender with the evidence based negative effect on the internal market, on the basis of which the undertaking would be awarded the public contract in the low competitive or not contestable markets: (a) characterised by structural excess capacity; (b) characterised by high share of the state-owned companies on the global relevant market; (c) provided by third countries not signatories of the WTO Agreement on Government Procurement, unless the Commission publish the evaluation for excluding such country from the list.
Amendment 96 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
(2) Commitments or redressive measures shall fully and effectively remedy the distortion caused by the foreign subsidy in the internal market. Redressive measures shall exclusively remedy the distortion caused by the foreign subsidy.
Amendment 100 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
(e) publication of a summary of results of research and development; . The protection of business secrets and other confidential information such as intellectual property rights shall be respected and the Commission shall not require undertakings to provide or disclose such information;
Amendment 106 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission mayshall accept them and make them binding on the undertaking in a decision with commitments according to Article 9(3). By 30 June 2023, the Commission shall adopt a delegated act to set the procedures, methodology and criteria to determine the specific commitments and regressive measures according to this Regulation.
Amendment 115 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) The Commission may conduct the necessary inspections of undertakings when a distortion is clearly identified.
Amendment 119 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to enter relevanyt premises and land of the undertaking concerned;
Amendment 120 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 121 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
(3) The undertaking concerned shall submit to inspections ordered by decision of the Commission. The officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a Commission decision to the undertaking concerned:
Amendment 122 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) specifying the subject matter and purpose of the inspection;, purpose and limits of the inspection; the subject matter and the scope of the inspection shall be proportionate and include minimum tasks necessary to confirm foreign subsidies and their distortive effect on the internal market.
Amendment 125 #
2021/0114(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
(7) Upon request of the Commission, a Member State shallmay in its own territory carry out any inspection or other fact- finding measure under its national law in order to establish whether there is a foreign subsidy distorting the internal market.
Amendment 128 #
2021/0114(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Foreign subsidies that cause or very likely risk causing a distortion in a public procurement procedure shall be understood as foreign subsidies that enable an undertaking to submit a tender that is unduly advantageous in relation to the works, supplies or services concerned. The assessment of whether there is a distortion on the internal market pursuant to Article 3 and whether a tender is unduly advantageous in relation to the works, supplies or services concerned shall be limited to the public procurement procedure at stake. Only foreign subsidies granted during the three years prior to the notification shall be taken into account in the assessment.
Amendment 131 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where: (a) the estimated value of that public procurement is equal or greater than EUR 250 million; and (b) the total value of provided foreign subsidies to an undertaking is equal to or above EUR 1,5 million.
Amendment 139 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings, main subcontractors and main suppliers shall either notify to the contracting authority or the contracting entity all foreign financial contributionsubsidies received in the three years preceding that notification or confirm in a declaration that they did not receive any foreign financial contributions in the last three years unless their total value for one undertaking is lower than EUR 1,5 million. Undertakings reaching the last three years. Undertakings which do not submit such information or declaration shall not be awarded the contracttotal volume of foreign subsidies according to the previous sentence which do not submit such information shall not be awarded the contract. Any subcontractor or main supplier selected or known after submitting a tender or a request to participate in a public procurement procedure shall notify foreign subsidies according to the first sentence without undue delay after their selection.
Amendment 147 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
(3) ForThe groups of economic operators, main subcontractors and main suppliers, the lead economic operator shall ensure notification shall notify foreign financial contributions separately. The undertaking, economic operators or groups of economic operators shall not be liable for information about and provided by their main subcontractors or main suppliers.
Amendment 148 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies of total value of EUR 1,5 million or more in the three years prior to the submission of the tender or request to participate in the public procurement procedure, it may request the notification of the foreign financial contributions received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested the notification of such a financial contribution, it is deemed to be a notifiable foreign financial contribution in a public procurement procedure, at any time before the award of the contract.
Amendment 155 #
2021/0114(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28a Own initiative request for the assessment of foreign subsidies 1. The Commission shall carry out the assessment of foreign subsidies upon own initiative request of the undertaking, which plans to apply for the public procurement. 2. The Commission shall carry out the assessment based on rules set in this Regulation. The undertaking concerned may withdraw from the request for the assessment. 3. By 30 June 2023, the Commission shall publish the Guidelines providing details and procedure on how to request the assessment of foreign subsidies, including possible fees.
Amendment 157 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 620 days after it received the notification.
Amendment 159 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
(3) The Commission shall decide whether to initiate an in-depth investigation within the time limit for completing the preliminary review and inform the undertaking concerned and the contracting authority or the contracting entity without delay. Where the Commission has not taken a decision to initiate an in-depth investigation within 20 days, the foreign subsidies shall be deemed as not distorting the internal market.
Amendment 162 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2060 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entityby a maximum of 60 additional days.
Amendment 166 #
2021/0114(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
(1) Where, after an in-depth investigation, the Commission finds that an undertaking benefits from a foreign subsidy which distorts the internal market pursuant to Articles 3 to 5, and where the undertaking concerned offers commitments that fully and effectively remove the distortion on the internal market, it shall adopt a decision with commitments pursuant to Article 9(3). The assessment under Article 5 shall not result in a modification of the initial tender submitted by the undertaking that is incompatible with Union law. By 30 June 2023, the Commission shall adopt a delegated act defining the indicators and procedures for the assessment under Article 5. Such procedures shall be transparent and publicly available.
Amendment 169 #
2021/0114(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
(3a) The Commission shall publish the decisions, which shall indicate inter alia the thorough explanation of the decision, quantified indicators on which the decision is based and the right and the time limit of the undertaking to have the decision reviewed by the Court of Justice of the European Union.
Amendment 172 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
(3) The contract may be awarded to an undertaking submitting a declaration under Article 28 before the Commission takes any of the decisions referred to in Article 30 or before the time limit laid down in Article 29(4) elapses only if the tender evaluation has established that the undertaking in question has in any case submitted the most economically advantageous tender. By 30 June 2023, the Commission shall publish the guidelines providing the criteria and procedure for the assessment of the most economically advantageous tender.
Amendment 173 #
2021/0114(COD)
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
(3a) The relevant authority shall carry out the assessment of the most economically advantageous tender no later than 20 days after submitting a declaration under Article 28.
Amendment 180 #
2021/0114(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
(2) In addition, the Commission may impose by decision on the undertakings concerned fines not exceeding 1 % of their aggregate turnover in the preceding business year, where they intentionally or negligently supply incorrect or misleading information in a notification pursuant to Article 28 or supplement thereto;
Amendment 185 #
2021/0114(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
(3) The Commission may impose by decision on the undertakings concerned fines not exceeding 10 % of their aggregate turnover in the preceding business year where they, intentionally or negligently, fail to notify a subsidy in accordance with Article 28 during the public procurement procedure.
Amendment 187 #
2021/0114(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 195 #
2021/0114(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point b a (new)
Article 44 – paragraph 1 – point b a (new)
(ba) criteria to determine the specific commitments and regressive measures in Article 6 (5);
Amendment 197 #
2021/0114(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point c a (new)
Article 44 – paragraph 1 – point c a (new)
(ca) defining specific indicators for balancing set out in the delegated act in Article 30(1).
Amendment 199 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation atnd the latestn each three years, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals. evidences prove so, by relevant legislative proposals. The report shall quantify the impacts, it may consider the Total Net Present Social Value and Business Net Present Value. The report shall cover at least the following areas: (a) analysis of impacts on the foreign direct investments in the Union, including the analysis of countries structure and trends; (b) analysis of number of bidders in the public procurements and average length of public procurements, including the trend over years; (c) analysis of the criteria and procedures for the assessment of the most economically advantageous tender set out in Article 31 (3); (d) analysis of criteria and procedures to identify the most distortive subsidies, analysis of notification obligations and whether these subsidies in practice triggered the highest risk for the internal market; (e) ex-post analysis of fines and penalties imposed and their effectiveness; (f) ex-ante analysis of impact of the Regulation on the consumer welfare, including short-term and long term impacts; (g) ex-post and ex-ante cost-benefit analysis of the Regulation; Quantifiable measurable indicators that would confirm that the proposed regulation brings more benefit than costs; (h) analysis of compliance costs of companies, comparison with the expected costs in the impact assessment; (i) ex-post review of the costs and benefits stated in the impact assessment, analysis of the deviations; (j) analysis of the retaliatory measures in third countries, if applicable their impact on the consumer and internal market; (k) the analysis of incorrect, incomplete or misleading information provided, split by whether they intentionally or negligently supply incorrect or misleading information in a notification pursuant to Article 28 and the analysis whether the Regulation is clear and provides necessary guidelines.
Amendment 202 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
This regulation shall expire by 30 June 2029. However, it shall expire by 30 June 2023 if the delegated act stipulated in Article 30(1), and guidelines stipulated in articles 3(3), 28a(3) and 31(3) were not issued within that period.
Amendment 377 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference databasedatabase data repository, excluding verification/authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
Amendment 400 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Regulation should also ensure harmonisation and consistency in definitions and terminology as biometric techniques can, in the light of their primary function, be divided into techniques of biometric identification, authentication and verification. Biometric authentication means the process of matching an identifier to a specific stored identifier in order to grant access to a device or service, whilst biometric verification refers to the process of confirming that an individual is who they claim to be. As they do not involve any “one-to-many” comparison of biometric data that is the distinctive trait of identification, both biometric verification and authentication should be excluded from the scope of this Regulation.
Amendment 548 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Technical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. Therefore, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they may pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and, when appropriate and justified by a proven added value to the protection of health, safety and fundamental rights, human oversight.
Amendment 574 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Due to the fact that AI systems related to low-value credits for the purchase of moveables does not cause high risk, it is proposed to exclude this category from the scope of high-risk AI category as well. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 641 #
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 canmay, when appropriate, oversee their functioning. For this purpose, when it brings a proven added value to the protection of health, safety and fundamental rights, 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, 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 650 #
2021/0106(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leverage AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, as well as the notified bodies, competent national authorities and market surveillance authorities accessing the data of providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
Amendment 658 #
2021/0106(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The provider should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation in the language of the Member State concerned and establish a robust post-market monitoring system. All elements, from design to future development, must be transparent for the user. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question.
Amendment 717 #
2021/0106(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) Suppliers of general purpose AI systems and, as relevant, other third parties that may supply other software tools and components, including pre- trained models and data, should cooperate, as appropriate, with providers that use such systems or components for an intended purpose under this Regulation in order to enable their compliance with applicable obligations under this Regulation and their cooperation, as appropriate, with the competent authorities established under this Regulation. In such cases, the provider may, by written agreement, specify the information or other assistance that such supplier will furnish in order to enable the provider to comply with its obligations herein.
Amendment 870 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems designed, modified, developed or used exclusively for military purposes.
Amendment 887 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not apply to AI systems, including their output, specifically developed or used exclusively for scientific research and development purposes.
Amendment 895 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not affect any research and development activity regarding AI systems in so far as such activity does not lead to placing an AI system on the market or putting it into service.
Amendment 905 #
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 dis developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,play intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals, which: (a) receives machine and/or human-based data and inputs; (b) infers how to achieve a given set of human-defined objectives using data- driven models created through learning or reasoning implemented with the techniques and approaches listed in Annex I, and (c) generates outputs such as content, in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
Amendment 932 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘provider’ 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 itand places that system on the market or puttings it into service under its own name or trademark, whether for payment or free of charge;
Amendment 950 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'End-user' means any natural person who, in the framework of employment, contract or agreement with the deployer, uses the AI system under the authority of the deployer;
Amendment 975 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purposepurpose as indicated in instruction for use or technical specification, but which may result from reasonably foreseeable human behaviour or interaction with other systems;
Amendment 1050 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons, at a physical distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, repository, excluding verification/authentication systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises; and without prior knowledge of the user of the AI system whether the person will be present and can be identified ; ;
Amendment 1101 #
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) 'critical infrastructure' means an asset, system or part thereof which is necessary for the delivery of a service that is essential for the maintenance of vital societal functions or economic activities within the meaning of Article 2(4) and (5) of Directive (…) on the resilience of critical entities;
Amendment 1168 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner intended that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1255 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;
Amendment 1271 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1282 #
2021/0106(COD)
(iii a) searching for missing persons, especially those who are minors or have medical conditions that affect memory, communication, or independent decision- making skills;
Amendment 1431 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) the product whose safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment related to safety with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
Amendment 1441 #
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, if they pose a risk of harm to either physical health and safety or human rights, or both.
Amendment 1444 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The classification as high-risk as a consequence of Article 6(1) and 6(2) shall be disregarded for AI systems whose intended purpose demonstrates that the generated output is a recommendation requiring a human intervention to convert this recommendation into a decision and for AI systems which do not lead to autonomous decisions or actions of the overall system.
Amendment 1451 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2 b. When assessing an AI system for the purposes of paragraph 1 of Article 6, a safety component shall be assessed against the essential health and safety requirements of the relevant EU harmonisation legislation listed in Annex II.
Amendment 1607 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that anythe overall residual risk associated with each hazard as well as the overall residual risk ofof the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI systems is judged acceptablereasonably expected to deliver and, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, subject to terms, conditions as made available by the provider, and contractual and license restrictions. Those residual risks shall be communicated to the user.
Amendment 1617 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
In identifying the most appropriate risk management measures, the following outcomes shall be ensurpursued:
Amendment 1620 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as possible through adequcommercially reasonable and technologically feasible in light of the generally acknowledged state of the art, through appropriate design and development measures;
Amendment 1635 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
In seeking to eliminatinge or reducinge risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environment in which the system is intended to be used.
Amendment 1640 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. High-risk AI systems shall be tested for the purposes of identifying the most appropriate risk management measures for the specific scenario in which the system will be operating and to ensure that a system is performing appropriately for a given use case. Testing shall ensure that high-risk AI systems perform in a manner that is consistently for with their intended purpose and they are in compliance with the requirements set out in this Chapter.
Amendment 1682 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. T for the entire lifecycle of data processing. Where relevant to appropriate risk management measures, those practices shall concern in particular,
Amendment 1697 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) a priorn assessment of the availability, quantity and suitability of the data sets that are needed;
Amendment 1700 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
Amendment 1704 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the identification of any possibleother data gaps or shortcomings that materially increase the risks of harm to the health, natural environment and safety or the fundamental rights of persons, and how those gaps and shortcomings can be addressed.
Amendment 1720 #
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, sufficiently diverse to mitigate bias, and, to the best extent possible, representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 1731 #
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 accountbe sufficiently diverse to accurately capture, 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 1740 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state-of-the-art security and privacy- preserving measures, such as pseudonymisation, or encryption or biometric template protection technologies where anonymisation may significantly affect the purpose pursued.
Amendment 1775 #
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 throughoutwhile the AI system is used within its lifecycle that is appropriate to the intended purpose of the system.
Amendment 1777 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. For records constituting trade secrets as defined in Article 2 of Directive (EU) 2016/943, provider may elect to confidentially provide such trade secrets only to relevant public authorities to the extent necessary for such authorities to perform their obligations hereunder.
Amendment 1878 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) ensure that their high-risk AI systems are compliant with the requirements set out in Chapter 2 of this Title before placing them on the market or putting them into service, and shall be responsible for compliance of these systems after that point only to the extent that they exercise actual control over relevant aspects of the system;
Amendment 2026 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Any distributor, importer, user or other third-party shall be considered a provider of a high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:
Amendment 2031 #
2021/0106(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
Article 28 – paragraph 1 – point c a (new)
(c a) they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put into service, in a way which makes the modified system a high-risk AI system.
Amendment 2041 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systemsshall bear sole responsibility in case of any use of the AI system that is not in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5.
Amendment 2101 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Notified bodies shall satisfy the organisational, quality management, resources and process requirememinimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuants that are necessary to fulfil their tasks.o Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148;
Amendment 2105 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies respect the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. Any information and documentation obtained by notified bodies pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2129 #
2021/0106(COD)
Proposal for a regulation
Article 41
Article 41
Amendment 2254 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before using an AI system, public authorities shall register the uses of that system in the EU database referred to in Article 60. A new registration entry must be completed by the user for each use of an AI system.
Amendment 2284 #
2021/0106(COD)
Proposal for a regulation
Article 52 a (new)
Article 52 a (new)
Article 52 a General purpose AI systems 1. The placing on the market, putting into service or use of general purpose AI systems shall not, by themselves only, make those systems subject to the provisions of this Regulation. 2. Any person who places on the market or puts into service under its own name or trademark or uses a general purpose AI system made available on the market or put into service for an intended purpose that makes it subject to the provisions of this Regulation shall be considered the provider of the AI system subject to the provisions of this Regulation. 3. Paragraph 2 shall apply, mutatis mutandis, to any person who integrates a general purpose AI system made available on the market, with or without modifying it, into an AI system whose intended purpose makes it subject to the provisions of this Regulation. 4. The provisions of this Article shall apply irrespective of whether the general purpose AI system is open source software or not.
Amendment 2297 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
Amendment 2332 #
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 Artificial Intelligence Board. They shall submit annual reports to the Board 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 2434 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor, AI ethics experts and industry representatives. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2453 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The Board shall be co-chaired by the Commission and a representative chosen from among the delegates of the Member States. The Commission shall convene the meetings and prepare the agenda in accordance with the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
Amendment 2574 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4 a (new)
Article 59 – paragraph 4 a (new)
4 a. National competent authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
Amendment 2575 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4 b (new)
Article 59 – paragraph 4 b (new)
4 b. Any information and documentation obtained by the national competent authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2587 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators. In addition, the central contact point of each Member State should be contactable through electronic communications means.
Amendment 2630 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4 a (new)
Article 60 – paragraph 4 a (new)
4 a. The EU database shall not contain any confidential business information or trade secrets of a natural or legal person, including source code.
Amendment 2635 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5 a (new)
Article 60 – paragraph 5 a (new)
5 a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
Amendment 2646 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users and end-users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
Amendment 2681 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted fullsufficient access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access, taking into account the scope of access agreed with the relevant data subjects or data holders.
Amendment 2691 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code of the AI system. . AI providers or deployers shall support market surveillance authorities with the necessary facilities to carry out testing to confirm compliance.
Amendment 2805 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. Where the activities of national competent authorities and bodies notified under the provisions of this Article infringe intellectual property rights, Member States shall provide for the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights in full application of Directive 2004/48/EC on the enforcement of intellectual property rights.
Amendment 2807 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 b (new)
Article 70 – paragraph 1 b (new)
1 b. Information and data collected by national competent authorities and notified bodies and referred to in Paragraph 1 shall be: a) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;further processing for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes shall not be considered incompatible with the original purposes ("purpose limitation"); b) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
Amendment 2822 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1 a. In cases where administrative fines have been imposed under Article 83 of Regulation 2016/679, no further penalties shall be imposed on operators under the AI Act.
Amendment 2887 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a a (new)
Article 72 – paragraph 1 – point a a (new)
(a a) the intentional or negligent character of the infringement;
Amendment 2888 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a b (new)
Article 72 – paragraph 1 – point a b (new)
(a b) any relevant previous infringement;
Amendment 2890 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b a (new)
Article 72 – paragraph 1 – point b a (new)
(b a) the degree of cooperation with the supervisory authority, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
Amendment 2891 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point b b (new)
Article 72 – paragraph 1 – point b b (new)
(b b) any action taken by the provider to mitigate the damage suffered by subjects;
Amendment 2893 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point c a (new)
Article 72 – paragraph 1 – point c a (new)
(c a) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement.
Amendment 2933 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Article 80 – paragraph 1 – introductory part
In Article 5 of Regulation (EU) 2018/858 the following paragraph iss are added:
Amendment 2935 #
2021/0106(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
Regulation (EU) 2018/858
Article 5
Article 5
4 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 4, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
Amendment 2939 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
In Article 11 of Regulation (EU) 2019/2144, the following paragraph iss are added:
Amendment 2940 #
2021/0106(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
Regulation (EU) 2019/2144
Article 11
Article 11
3 a. The Commission shall, prior to fulfilling the obligation pursuant to paragraph 3, provide a reasonable explanation based on a gap analysis of existing sectoral legislation in the automotive sector to determine the existence of potential gaps relating to Artificial Intelligence therein, and consult relevant stakeholders, in order to avoid duplications and overregulation, in line with the Better Regulation principles.
Amendment 2966 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a yearevery 24 months following the entry into force of this Regulation and until the end of the period of the delegation of power. The findings of that assessment shall be presented to the European Parliament and the Council.
Amendment 2973 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. By [threewo years after the date of application of this Regulation referred to in Article 85(2)] and every fourthree years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.
Amendment 3018 #
2021/0106(COD)
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems;Other data-driven approaches, including search and optimization methods.
Amendment 3025 #
2021/0106(COD)
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) Statistical approaches, Bayesian estimation, search and optimization methodsif they are used to extract decisions from data in an automated way and search.
Amendment 3051 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometrics systems identification and categorisation of natural persons:
Amendment 3063 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI biometric identification systems intended to be used for the ‘real- time’ and ‘post’ remote biometric identification of natural persons without their agreement;
Amendment 3090 #
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 and electricity, whose failure or malfunctioning would directly cause significant harm to the health, natural environment or safety of natural persons.
Amendment 3260 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point a
Annex IV – paragraph 1 – point 2 – point a
(a) provided that no confidential information or trade secrets are disclosed, the methods and steps performed for the development of the AI system, including, where relevant, recourse to pre- trained systems or tools provided by third parties and how these have been used, integrated or modified by the provider;
Amendment 3262 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
Annex IV – paragraph 1 – point 2 – point b
(b) provided that no confidential information or trade secrets are disclosed, the design specifications of the system, namely the general logic of the AI system and of the algorithms; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
Amendment 1 #
2020/2263(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to Articles 113 and 115 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 5 #
2020/2263(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas tax collection is primarily responsibility of each Member State;
Amendment 9 #
2020/2263(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas according to the 2020 Final Report in the context of the ‘Study and Reports on the VAT Gap in the EU- 28 Member States' prepared for the Commission, the VAT gap in Member States varied from less than 1% in Sweden and Croatia to more than 33% in Romania;
Amendment 12 #
2020/2263(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. whereas the Parliament fully respects the principle of national tax sovereignty;
Amendment 14 #
2020/2263(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
E c. whereas taxation is primarily the competence of the Member States and is subject to the unanimity requirement within the Council as stated in article 113 of the Treaty on the Functioning of the European Union;
Amendment 24 #
2020/2263(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes that the overall trend is positive as the VAT gap declined from 20 % in 2009 to 10 % in 2019 in the EU Member States which suggests that the VAT fraud in the EU is in decline and consequently VAT revenues to GDP are on the rise;
Amendment 26 #
2020/2263(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that simplifying VAT with the introduction of a single rate and revenue neutrality could reduce the standard rate in the EU by an average of 7% percentage points, thus bringing the standard rate down from 13% to 2% percentage points; encourages Member States to explore the benefits which such a single reduced standard rate would have for fair competition on their market;
Amendment 35 #
2020/2263(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that applying a multitude of reduced rates aggravates the complexity and opacity of the tax system, facilitates fraud and increases compliance costs; stresses that tax competition is the main mechanism helping Member States to identify and close the loopholes and shortcomings responsible for tax evasion;
Amendment 44 #
2020/2263(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the VAT gap fluctuates in line with the business cycle, and that low tax compliance is correlated with high standard VAT rates and multiple VAT rates as well as lower legal and judicial efficiency; encourages the Commission and Member States to share the best practices in this regard;
Amendment 47 #
2020/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the current diversity of reduced rates imposes particularly highadditional compliance costs on businesses; and that total enterprise tax compliance costs are estimated to be an average of 2.5% of company turnover and vary considerably from Member State to Member State22 ; _________________ 22 Less than 1% in LU; almost 4% in PL., while VAT, Corporate Income Tax, and wage related taxes and contributions are rated the most burdensome, followed by property and real estate taxes22b; _________________ 22 Less than 1% in LU; almost 4% in PL. 22b Study on tax compliance costs for SMEs – Final Report, DG GROW, European Commission, 2018, p. xv
Amendment 50 #
2020/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that SMEs must pay proportionately higher total enterprise tax compliance costs, as these costs are fixed and independent of company size, and that high compliance costs constitute a barrier to entry into the EU internal market; taknotes the view,at empirical evidence on ther efore, that differentiated VAT regimes within the EU may act as a dfect of VAT systems on international trade is incentive to exports;onclusive22c; _________________ 22c DIW Econ study, page 21
Amendment 56 #
2020/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes digitalisation’s potential to reduce compliance costs; maintains that digital innovations23 are likely to reduce compliance costs and, help increase the transparency of commercial transactions and reduce red tape; stresses the need to ensure data security and individual and corporate privacy; _________________ 23Such as AI, big data and blockchain technology.
Amendment 57 #
2020/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. In order to facilitate trade and increase legal certainty in the single market, the Commission, in cooperation with Member States, should establish a Union VAT Web information portal for businesses. That portal should provide quick, up-to-date and accurate access to relevant information about the implementation of the VAT system in the different Member States and in particular on the correct VAT-rates for different goods and services in the different Member States, as well as the conditions for zero-rate; Such a portal may also help to address the current VAT gap;
Amendment 64 #
2020/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Observes that the wide variety of rates can causes price distortion in the internal market, creating incentives for cross-border purchases and giving rise to increased tax competition between Member States; recallnotes that companies need clear and unambiguous VAT rules to26 out of 27 Member States use the reduced rates as part of their tax and social policies; recalls that one common web information portal about the implementation of VAT system in different Member States would encourage cross-border business and reduce their administrative burdens of companies;
Amendment 66 #
2020/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Welcomes the positive trend of reducing the compliance costs due to continuing digitization of businesses and public administration; notes that in OECD countries the time necessary for tax compliance fell between 2006 and 2020 from 230 hours to 162 hours, mainly due to the adoption of electronic filing and payment systems23a; _________________ 23a PWC, Paying Taxes 2020, page 27
Amendment 67 #
2020/2263(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that a well-designedn effective VAT system is neutral and should not affect trade, but that in practice this principle is difficult to verify at global level given the application of VAT exemptions, the ineffectiveness of refund systems, the wide variety of rates – incurring higher compliance costs – and the fact that VAT has superseded income taxes with a view to encouraging tradewith low average tax rates is less vulnerable to tax evasion and tax optimisation;
Amendment 71 #
2020/2263(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes in comparison to EU27 that among 50 federal states of the USA there are over 11,000 standard sales tax jurisdictions with a distinct aggregate sales tax rate based on a unique combination of factors, including sales taxes levied by taxing authorities at the state, county, city, and district levels23b; _________________ 23bhttps://taxfoundation.org/state-sales- tax-jurisdictions-in-the-us-2020/
Amendment 74 #
2020/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 88 #
2020/2263(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that for it to have a leverage effect, green taxation must be inclusive, strive for social equity and not undermine businesses’ international competitiveness; observes that the effectiveness of reduced rates in promoting this type of goods and services or, in a broader sense, merit goods (e.g. culture, health, biodiversity) is chiefly a function of the extent to which they are used to promote such goods;
Amendment 90 #
2020/2263(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses in this regard that reduced rates shall be applied always in fiscally responsible manner, without sacrificing the sustainability of public finances;
Amendment 93 #
2020/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 98 #
2020/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 105 #
2020/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that a uniform VAT system, combined with a direct tax incentive tool such as the income-based tax credit scheme for low-income households, together with a raft of social reforms, would be a winning strategy; recalls that New Zealand has a flat-rate VAT system and applies tax credit for low-income households; points out that flat-rate subsidies and information campaigns are an option for the promotion of merit goodsRecalls that New Zealand has an uniform 15% flat-rate VAT system;
Amendment 110 #
2020/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that VAT revenue is one of the chief sources of public revenue, accounting for some 21% of total tax revenue in the EU on average; that the VAT gap stands at 10% on average; and that VAT also constitutes an own resource for the EU budget; stresses that any reduction in the VAT base may leads to less revenue for public finances, however, theoretical and empirical evidence shows lower tax rate may also lead to higher revenue; calls on national tax authorities to take initiatives to reduce the VAT gap in order to help lift Member States out of the current socio- economic crisis;
Amendment 114 #
2020/2263(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes in this regard that major progress has been achieved on cooperation between the tax authorities of the Member States over the last decade; supports further discussions among Member States in order to strengthen the administrative cooperation;
Amendment 116 #
2020/2263(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. EndorsNotes the findings of the DIW Econ study which stresses that on average the standard rate was applied to 71% of the total tax base in the Member States in 2019; points out that compliance costs of diversified VAT systems impose costs on businesses, particularly SMEs via increased compliance costs, create distortions in the internal market and trade, and incur costs on government through lost revenue; adds that reduced rates are an insufficient means of achieving revenue-dcan be significantly reduced by continuing digitization of businesses and public administribuation or environmental objectives;
Amendment 121 #
2020/2263(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes the difficulties in reducing the VAT gap between Member States owing to the need to maintain a number of VAT exemptions for certain goods and services and the willingness of Member States to maintain reduced rates of at least 5%; aAcknowledges that Member States need to conserve the flexibility to set their own VAT rates given the importance of this tax as a budgetary instrument;
Amendment 129 #
2020/2263(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for a simplified VAT system with limits on exemptions and non- standard rates to be introduced with a view to promoting competitiveness; takes the view that limiting the exemptions should go hand-in-hand with lowering the standard and minimum 15% VAT rate;
Amendment 139 #
2020/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the VAT gap is chiefly attributable to the ineffectiveness of enforcement and control measures, particularly those against tax evasion and avoidance and aggressive tax planning; stresses that fighting tax fraud and tax evasion should not breach the principle of tax sovereignty and tax competition;
Amendment 144 #
2020/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the effectiveness of reduced rates as a policy tool must always be assessed in the specific context of other existing policy tools; adds that reduced rates are often complementary to existing social and environmental policy tools; and that direct tax incentives are instruments that better target low-income households and are generally less costly;
Amendment 153 #
2020/2263(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 8 #
2020/2262(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Internal market legislation as well as other legislation adopted at the European level should be simple, effective and efficient, should provide a clear added value, and should be easy to understand as well as delivering full benefits at effective cost, without placing any unnecessary administrative burdens on citizens or enterprises;
Amendment 12 #
2020/2262(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that internal market objectives such as improving competitiveness, digitalisation, sustainability and consumer protection and welfare should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (REFIT) and the Regulatory Scrutiny Board;
Amendment 15 #
2020/2262(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that monitoring of ‘Better Regulation’ efforts by the Commission has focused mainly on outputs of the system; asks the Commission to examine whether objectives, such as improved policy outcomes, reduced costs, better implementation, cost/benefit analysis and the use of aggregated net social benefit to illustrate performance of the regulatory system, have been met because ‘Better Regulation’ tools were used;
Amendment 17 #
2020/2262(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that SMEs in particular will continue to face serious repercussions due to the COVID-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape, the ‘think small first’ principle, taking decisions transparently, coordinating policies at the Union and national levels and fostering a society that values entrepreneurship need to be priorities within internal market legislation;
Amendment 26 #
2020/2262(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States’ authorities at national and regional level, and on stakeholders to become more closely involved at an early stage of the decision-making process, with subsidiarity and proportionality checks and administrative burden assessments of EU legislation; calls further on the Member States to ensure the swift and consistent transposition, implementation and enforcement of legislation, and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; calls on the Commission to provide guidance to Member States on how to simplify unnecessarily complex and/or burdensome rules for Internal market and avoid gold-plating;
Amendment 29 #
2020/2262(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission´s commitment to introduce the “One in, one out” principle to cut red tape also for businesses in the Internal market; asks the Commission for annual report on burden reduction in the Internal market in the user-friendly way with the estimated cost reduction and a change in the number and size of laws;
Amendment 30 #
2020/2262(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes the fact that EU policy- making places a value on EU integration that is difficult to quantify; calls on the Commission to clarify the definition of the EU added value of a legislative proposals and the approach how the EU institutions should measure EU added value to prove an additional benefit from collective effort at EU level, compared with action by Member States;
Amendment 32 #
2020/2262(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Understands that the quality of the analytical efforts is often affected by insufficient monitoring and a lack of comparable EU wide data; notes that the requirement to collect data is often perceived as costly and an administrative burden by the Member States especially on businesses and hence is dropped during the legislative process; asks the Commission to include cost-effective and result-oriented data collection and monitoring methods in legislative proposals;
Amendment 41 #
2020/2262(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that over-regulation creates barriers in the Internal Market; calls on the Commission to conduct the study to measure and quantify the potential benefits of deregulation and simplification of the regulatory environment for the Union and each Member State and recommend improvements for each Member State based on identified best practices;
Amendment 46 #
2020/2262(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that especially trade in services is strongly impacted by restrictive measures, welcomes the Commission study from 2017 on the Restrictiveness Indicator for Professional Services; urges the Commission to update the PRO-SERV indicator regularly to compare the trends in national rules and to identify best practices;
Amendment 49 #
2020/2262(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to prepare an impact assessment for all proposals in the Commission Work Programme; recalls that in 19.5% of proposals Commission stated no need for an impact assessment and further 8.5% of proposals had exception not to have an impact assessment between 2015-2018; regrets that for two thirds of cases analysed there were doubts about whether the explanations were sufficient or adequate; calls on the Commission to extend the Regulatory Scrutiny Board mandate to the validation of the Commissions explanation for not presenting impact assessments;
Amendment 53 #
2020/2262(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Reminds the CJEU judgement in Case T-540/15 that the European institutions must in principle grant access, on specific request, to documents relating to ongoing trilogues; notes the administrative burden to specifically request each four-column document; calls on the Parliament, Council and Commission to publish all documents automatically to improve the trust of the citizens in the Union and the Single market;
Amendment 54 #
2020/2262(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Calls on the Commission to fully take into account the Court of Auditors recommendations to improve the evidence base for decision-making, promote, monitor and enforce the implementation and application of EU law; recalls the key challenges identified by the ECA including (i) the good quality and timely data and evidence that support consultation and impact assessment before decisions are made, (ii) develop an overall oversight framework with enforcement priorities and benchmarks for handling infringement cases, (iii) improving the transparency of the legislative process for instance by making consultation activities more visible and accessible;
Amendment 57 #
2020/2262(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Notes that according to the Court of Auditors impact assessment quality analyses in 2018, two out of the ten quality elements remained below the acceptable level even after the Commission’s services had revised their impact assessments;
Amendment 58 #
2020/2262(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5g. Regrets the persistent weaknesses of impact assessments which include a tendency to justify a pre-determined option, poor problem definition and a focus on actions which the Commission wants to do rather than on the results to be achieved;
Amendment 59 #
2020/2262(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5h. Regrets that according to Court of Auditors despite of the Interinstitutional agreement, only 3 impacts assessments were done by the European parliament and non by the Council for the substantial amendments to Commission proposals since 2016;
Amendment 60 #
2020/2262(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5i. Calls on the Commission to quantify costs and benefits of all considered options; regrets that only a quarter of impact assessments quantified costs and benefits fully;
Amendment 61 #
2020/2262(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5j. Calls on the Commission to increase the number of external experts in the Regulatory Scrutiny Board in order to establish a truly independent control mechanism.
Amendment 31 #
2020/2259(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the economic recovery, the lockdown of our economies and the climate crisis have increased the need to mobilise more resources and re-evaluate the current taxation policies;
Amendment 63 #
2020/2259(INI)
Motion for a resolution
Recital E
Recital E
E. whereas small and medium-sized enterprises (SMEs) are particularly affected by the complexities of the tax system and, tax compliance and unsuccessfully implemented lockdowns, disproportionately so compared to multinational enterprises (MNEs);
Amendment 97 #
2020/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that current tax systems, and the fiscal capacities of Member States, are already facing and will increasingly face severe shocks, such as the need for large public investments to sustain the economic recovery and the green transition, the ageing of our societilack of policies encountering low birth-rates and the consequent reduction in the working- age population, the digital transformation of our labour markets, increased tax competition and the existing tax gap10 ; _________________ 10European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 98 #
2020/2259(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that current tax systems, and the fiscal capacities of Member States, are already facing and will increasingly face severe shocks, such as the need for large public investments and leverage private capital to sustain the economic recovery and the green transition, the ageing of our societies and the consequent reduction in the working- age population, the digital transformation of our labour markets, increased tax competition and the existing tax gap10 ; _________________ 10European Commission, ‘Tax policies in the European Union’ survey, 2020, https://ec.europa.eu/taxation_customs/busi ness/company-tax/tax-good- governance/european-semester/tax- policies-european-union-survey_en
Amendment 194 #
2020/2259(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to revise tax expenditure in all tax areas; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision; calls on the Member States to submit an annual Report to the Commission on the extent that the digital transition has led to the reduction public sector costs and the simplification of the procedures for citizens and businesses;
Amendment 231 #
2020/2259(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s soon- to-be-published revision of the Energy Taxation Directive17 ; calls on Member States to agree to closereassess their tax exemptions for aviation and maritime fuels, increasaiming not to lose these business to third countries, reconsider the minimum rates and restore the level playing field; calls on the Commission to launch a proposal for a progressive European kerosene tax; _________________ 17 OJ L 283, 31.10.2003, p. 51.
Amendment 252 #
2020/2259(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls on the Commission and the Member States to carry out regular gender impact assessments of fiscal policies from a gender equality perspectiveographic, social inequalities and a gender equality perspective, intra-state and on the EU level;
Amendment 1 #
2020/2258(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 18 #
2020/2258(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas fighting tax fraud and tax evasion should not diminish the fruitful benefits of the tax competition among Member States;
Amendment 19 #
2020/2258(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas taxation is the sole competence of the Member States and is subject to the unanimity requirement within the Council; whereas the Parliament fully respects the principle of national tax sovereignty;
Amendment 20 #
2020/2258(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the Parliament acknowledges it has no legislative power in the area of direct taxation;
Amendment 21 #
2020/2258(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
B d. whereas tax collection is individual responsibility of each Member State;
Amendment 35 #
2020/2258(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the CoC Group was efficient in deterring preferential tax regimes; whereas it has nonetheless failed to prevent aggressive tax competition between Member States; whereas the CoC Group remains of purely intergovernmental nature;
Amendment 56 #
2020/2258(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recognises the sensitivity of Member States’ competence over taxation; welcomes in this regard that major progress has been achieved on cooperation between the tax authorities of the Member States over the last decade; supports further discussions among Member States in order to strengthen the administrative cooperation;
Amendment 58 #
2020/2258(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Stresses that emphasis shall be put on proper implementation and monitoring of existing rules rather than on harmonisation of tax legislation;
Amendment 59 #
2020/2258(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Stresses that while tax fraud represents illegal activity that needs to be prosecuted by law, tax optimisation and tax planning often represent legal activities that can be tackled by making the tax systems more competitive, simplified, and transparent; encourages the Commission and Member States to share the best practices in this regard;
Amendment 60 #
2020/2258(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Warns that high levels of taxation in European Union create an unintended incentive for tax evasion and tax optimisation;
Amendment 61 #
2020/2258(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Considers that tax competition is the main mechanism helping Member States to identify and close the loopholes and shortcomings responsible for tax evasion;
Amendment 67 #
2020/2258(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reminds that the European rules on administrative cooperation do not replace national rules but rather provide minimum standards for cooperative actions and information exchange;
Amendment 68 #
2020/2258(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 78 #
2020/2258(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that Member States are entitled to design tax systems with regard to their own circumstances;
Amendment 79 #
2020/2258(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Warns against imposing additional obligations which go beyond what has been agreed internationally at OECD level, as gold-plating at the EU level risk weakening the competitiveness of EU countries and having a negative impact on employment and consumer welfare;
Amendment 80 #
2020/2258(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Draws attention to the need to keep tax competition between Member States fair and transparent, and thus conducive to growth and employment;
Amendment 88 #
2020/2258(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the proposed Pillar II reform of the OECD/G20 Inclusive Framework on BEPS (Inclusive Framework), which aims to address remaining BEPS challenges and to set out rules giving jurisdictions a right to tax back where other jurisdictions have not exercised their primary taxing rights or the payment is otherwise subject to low levels of effective taxation, to combat harmful tax practices and impose an effective tax rate28 ; _________________ 28 OECD/G20 Base Erosion and Profit Shifting Project, Tax Challenges Arising from Digitalisation – Report on Pillar One Blueprint: Inclusive Framework on BEPS, OECD Publishing, Paris, 2020, p. 12. Available at: https://www.oecd.org/tax/beps/tax- challenges-arising-from-digitalisation- report-on-pillar-two-blueprint.pdf
Amendment 93 #
2020/2258(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes the fact that the proposal put forward by the US Administration for ‘The Made in America Tax Plan’ could facilitate a deal on Pillar II by mid-2021;
Amendment 113 #
2020/2258(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the adoption of a definition of ‘minimum level of economic substance’, preferably based on a formulaic approach, and which would evolve progressively as reported income increases, which could be used to assess whether a tax regime is potentially harmful; highlights the economic substance requirement already included in the EU list’s ‘Fair Taxation’ criterion;
Amendment 127 #
2020/2258(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 139 #
2020/2258(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reminds that according to study commissioned by the European Economic and Social Committee29a, reductions in corporate tax rates can lead to an increase in revenues and raise annual economic growth; _________________ 29a https://www.eesc.europa.eu/sites/default/fi les/files/qe-03-19-343-en-n.pdf
Amendment 140 #
2020/2258(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Stresses that according to study commissioned by the European Economic and Social Committee30a, as corporate tax rates have converged to below 20 percent, more investments have become economically viable, which has also resulted in more jobs and considerable tax revenues from wages and consumption; _________________ 30a https://www.eesc.europa.eu/sites/default/fi les/files/qe-03-19-343-en-n.pdf
Amendment 141 #
2020/2258(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Underlines that according to International Monetary Fund31a, even though corporate tax rates have been on a downward trend, CIT revenue collection in percent of GDP has remained remarkably constant over time, taking account of the business cycle; _________________ 31a https://www.elibrary.imf.org/view/journals /087/2021/012/article-A001-en.xml
Amendment 144 #
2020/2258(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 152 #
2020/2258(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses that the Treaties and spirit of good cooperation require tax policies to be coordinated consensually, respecting national sovereignty;
Amendment 154 #
2020/2258(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Warns that qualified majority voting would increase the risk of introducing one-size-fits-all approach at the expense of the most competitive Member States, thus damaging the tax competitiveness of European Union;
Amendment 178 #
2020/2258(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the non-binding nature of the CoC; deplornotes the fact that Member States could maintain a harmful regime without facing any repercussions;
Amendment 179 #
2020/2258(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 193 #
2020/2258(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers the reform of the criteria of the CoC to be a matter of urgency and that it should assess all regimes proposing a tax rate below the future internationally agreed minimum effective tax rate in the framework of Pillar II of the Inclusive Framework as being potentially harmful, unless the revenues qualifying for a deduction or a reduced tax rate comply with robust and progressive economic substance requirements;
Amendment 208 #
2020/2258(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. UrgeRecommends an enlargement of the scope of the CoC, notably by including preferential personal income or capital tax regimes, or personal income and wealth tax regimes that could lead to significant Single Market distortions;
Amendment 3 #
2020/2223(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants, enabling the growth of innovative businesses, ensuring competitiveness of EU companies at global level and guaranteeing a high level of consumer protection and choice; Stresses that consumer welfare must remain the ultimate goal of the competition policy;
Amendment 18 #
2020/2223(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the Commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector;
Amendment 21 #
2020/2223(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that regulatory intervention or imposition of remedies in the competition area not supported by evidence demonstrating proven market failures, infringement of existing rules or significant consumer harm hampers innovation, growth, consumer welfare and investments in the market and may bring other unexpected consequences;
Amendment 27 #
2020/2223(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that efficient regulating digital markets constitutes a core responsibility of the Committee on Internal Market and Consumer Protection; in this context, highlights the adoption of the P2B Regulation (Regulation (EU) 2019/11501 ) and notes that ex ante regulatory intervention willshould address the identified gaps in ex post competition law enforcement, which cannot be addressed by revised competition policy or by full enforcement of existing rules; __________________ 1 OJ L 186, 11.7.2019, p. 57.
Amendment 32 #
2020/2223(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the need to prepare any legislative proposal based on data, in- depth impact assessments, best practices and analyses in order to promote consumer welfare and to avoid unnecessary administrative or regulatory burden;
Amendment 35 #
2020/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the importance of a fewmajor online operators acting as gatekeeperintermediaries to the digital economy, including access to e- commerce markets and the positive and negative consequences on freedom of choice for consumers and access to markets for companies; underlines, therefore, the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeingstresses that successful growth strategies, even leading to market dominance, scale and scope efficiencies, should not automatically trigger remedies as they can generate economic and consumer benefits and it may prevent companies from growing; underlines, therefore, the need to assess their potential gatekeepers´ role and the need for an internal market ex ante regulatory instrument to ensure consumer welfare and fair and competitive markets; acknowledges thise instrument in the forthcoming Digital Markets Act proposal;
Amendment 40 #
2020/2223(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that profit-seeking behaviour should be accepted and should not be suspected of being anti-competitive without objective and facts-based reason, reminds that unlawful behaviour is often hypercompetitive rather than anti- competitive; reminds that particular offering attracting many consumers because of its convenience is not in itself sufficient ground for concern; calls on the Commission to distinguish those behaviours for antitrust enforcement;
Amendment 43 #
2020/2223(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Reminds that if market failures occur, EU State aid rules support the Competition policy objective of rendering European companies more innovative and competitive internationally;
Amendment 44 #
2020/2223(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes the Commission’s White paper on levelling the playing field as regards foreign subsidies; supports the intention to minimize the mirroring retaliation measures at the global level;
Amendment 50 #
2020/2223(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of clear measures, predictable, future-proof and comprehensive EU framework to ensure effective enforcement and supervision of competition law at the EU level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties and that EU law should be equally enforced in all Member States; asks the Commission for establishing the clear guidance and best practices on enforcement in order to avoid legal uncertainty, arbitrary decisions and to prevent from the gaps between the Member States in terms of implementation and oversight of the ex- ante tool;
Amendment 64 #
2020/2223(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure fair and secure access to data for all market participants; notes that it should empower consumers to control their data and provide them with additionalequate rights in terms of data portability and interoperabilitys laid down in Union law in order to ensure that the single market for data is based on European values and fair competition.;
Amendment 68 #
2020/2223(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to fully consider the recommendations of the Court of Auditors, including improving performance reporting of its enforcement decisions, in order to enhance transparency and accountability to the European Parliament and citizens;
Amendment 71 #
2020/2223(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Asks the Commission to include the summaries and statistics of antitrust cases opened and closed in the Member States, including where relevant identified best practices and the total amount of imposed and paid fines for cartels in the Commission´s Annual Report on Competition Policy;
Amendment 73 #
2020/2223(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Highlights that State aid in the form of a financial injection for selective market competitors, including the financing of activities with environmental objectives, distorts competition; Recalls that these objectives can also be achieved, for example, by increasing fees for negative externalities.
Amendment 2 #
Amendment 6 #
2020/2217(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
Amendment 8 #
2020/2217(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that information security and privacy is a key challenge in promoting data sharing; reminds the Expert Group report1a findings about the limited trust currently existing between a given private company or civil-society organisation and the public-sector body as it comes to the storage, access and processing of data which further prevents those collaborations from happening; in this respect understands that data providers may not be comfortable to share their data in the absence of the information security and privacy; calls on the Commission to firstly ensure significant improvement of security and privacy during the storage, access and processing of data in the public-sector before introducing a new framework; __________________ 1aTowards a European strategy on business-to-government data sharing for the public interest, Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 9 #
2020/2217(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that any legislative proposals related to data should be based on an in-depth impact assessment to avoid unnecessary administrative or regulatory burden that could hamper the emergence of high-tech unicorns, start-ups and SMEs in Europe in order to unleash their potential at the global scale; invites therefore the European Commission to come forward with comparative analysis of regulatory environment in third countries;
Amendment 12 #
2020/2217(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. General principles of the Data strategy proposals (Subtitle 2)
Amendment 13 #
2020/2217(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to follow the Expert Group report1a recommendations to carry out studies in order to obtain further empirical evidence, including of the macroeconomic and social benefits of B2G data sharing for the public interest; __________________ 1aTowards a European strategy on business-to-government data sharing for the public interest, Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 14 #
2020/2217(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that any strategy or proposal from the Commission should be accompanied by documents which inter alia include best practices, cost-benefit analyses, statistics and quantification of the detailed financial burden on the Union budget, the budgets of the Member States and operational costs for businesses, including SMEs;
Amendment 15 #
2020/2217(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Highlights the existing positive examples in B2B and B2G data sharing; calls on the Commission to test its goals using data-sharing pilots and sandboxes; stresses that without proven success, efficiency and value for money of pilot projects, the Union should neither support nor finance any complex project related to the digital transformation, including data sharing;
Amendment 16 #
2020/2217(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Asks the Commission to coherently define how new provisions interact with other legal instruments, such as GDPR, the free flow of non-personal data in the European Union and revised rules on open data and the reuse of public-sector information, since their impact on the single market for data is still unknown;
Amendment 17 #
2020/2217(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Calls on the Commission to promote sharing of all, not only high- quality data, and to introduce data-quality indicators, to measure consistency, timeliness and content quality;
Amendment 18 #
Amendment 19 #
2020/2217(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Asks the Commission to provide an evidence on how many consumers are interested in Personal data spaces;
Amendment 27 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services, including green and digital, that would benefit European consumers and companies; asks the Commission to consider how to support data altruismsharing in full compliance with European legislation;
Amendment 33 #
2020/2217(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds that Commission´s Evaluation report on GDPR confirms that the GDPR, together with the Free Flow of Non-Personal Data Regulation ensures the free flow of data within the EU; urges the Commission, to properly describe reasons for the necessity of further legislation on Data spaces in order to avoid unnecessary administrative or regulatory burden;
Amendment 41 #
Amendment 46 #
2020/2217(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need toAcknowledges the idea of createing a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; underlines the principle of the free flow of non- personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders; considers that as data owners have the rightful ownership of data assets, being it single piece or set of data elements, business-to-business (B2B) and business- to-government (B2G) data sharing should be, in principle, voluntary, while mandatory access to data should also be envisaged to remedy potentialroven market failures and only in cases when the business is supported from public finances or other form of public support;
Amendment 57 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the European Parliament recommended to the Commission to consider analyses of certain data related measures in recently adopted resolution Digital Services Act: Improving the functioning of the Single Market;
Amendment 68 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reminds the protection of data ownership and that data-sharing does not imply that data should be shared for free;
Amendment 74 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Asks the Commission to particularly take into consideration the issues of confidentiality and protection of trade secrets in the context of the Data Economy very carefully;
Amendment 77 #
2020/2217(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission and Member States to promote the data- sharing culture, led by example and share their data in the visible, users friendly, transparent and easily automated process;
Amendment 79 #
2020/2217(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Highlights the importance of the central national registers of all G2G and G2B contracts in some Member States; reiterates that user friendly platforms offering the access to all public contracts in one place and data contained in these documents are fundamental not only in order to ensure transparency of public administration but they also serve as a great source of data; stresses that public sector should be an example of efficient and comprehensive data sharing; asks the Commission to prepare a legislative proposal in order to make such practices compulsory in all Member States;
Amendment 82 #
Amendment 83 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, includingperly assess the idea of European cloud services, including cost-benefit analyses to build cloud infrastructure and to create system superstructure on top of existing cloud services including cloud services based outside of the EU territory; considers the need to analyse interoperability issues, the need to create and improve codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges. ;
Amendment 93 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the establishment of a European Cloud Federation, a European network of cloud infrastructures; stresses however that the freedom to opt for a non- European cloud service provider should remain unlimited for European businesses and consumers except for legitimate grounds such as risk to national security;
Amendment 94 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the need to promote the most cost-effective cloud service solution in the Union regardless of their origin, highlights that both private and public sectors rely mostly on already existing cloud services provided by well- established global private companies in third countries;
Amendment 1 #
2020/2124(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 2 #
2020/2124(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 4 #
2020/2124(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 7 #
2020/2124(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 8 #
2020/2124(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
— having regard to the European Court of Auditors (ECA) Special Report entitled ‘European Fund for Strategic Investments: Action needed to make EFSI a full success’, published on 29 January 2019
Amendment 28 #
2020/2124(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses serious concerns about the severeNotes macroeconomic imbalances deriving from the COVID-19 crisis and their related impact on economic growth, investment, resilience, employment rates and socio-economic inequalities; encourages Member States to address emerging imbalances through reforms that enhance economic and social resilience;
Amendment 34 #
2020/2124(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the EIB’s crucial role in supporting the economic recovery in the short and medium term in conjunction with the Next Generation EU Recovery Instrument, the EU’s long-term budget, the European Fund for Strategic Investments (EFSI) and other European financial instruments; welcomnotes the EIB’s financial engagement in the EFSI as a way to help overcome the investment gap in the EU; welcomnotes, moreover, the EIB’s central role in supplying advisory support under the InvestEU Advisory Hub;
Amendment 36 #
2020/2124(INI)
2 a. Underlines that it is questionable whether EFSI solved the causes of the investment gap or if it merely shifted the risks that private lenders were not willing to take to all European taxpayers;
Amendment 37 #
2020/2124(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Acknowledges the risks of dead- weight loss and moral hazard of EFSI;
Amendment 38 #
2020/2124(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Reminds that ECA found that the methodology used to estimate the investment mobilised in some cases overstated the extent to which EFSI support actually induced additional investment in the economy; reminds that some EFSI support just replaced other financing from the EU and the European Investment Bank;
Amendment 39 #
2020/2124(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Stresses ECA’s recommendation that for all the investment support instruments for the MFF 2021-2027, the Commission should define a set of indicators measuring the expected results of budgetary guarantees in a realistic manner that enables comparison with other EU financial instruments; in particular, if “investment mobilised” and the “multiplier effect” are used as indicators, the calculation methodology and reporting arrangements should appropriately reflect the extent to which EU budget guarantee support actually induces or mobilises the investment of others;
Amendment 40 #
2020/2124(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2 e. Is concerned that the lack of comparable performance and monitoring indicators for all EU financial instruments and budgetary guarantees diminishes transparency and the ability to assess results;
Amendment 41 #
2020/2124(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2 f. Reminds that the causes of the investment gap, such as record level of public debts, non-performing loans in the banking sector, and high bureaucratic, regulatory and tax burden, have not yet been properly addressed;
Amendment 44 #
2020/2124(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on proper discussion and data-driven analysis of the effectiveness of the possibility that the shareholders of the EIB to agree on a capital increase, both cash- in and callable in nature; emphasises that a capital increase should go hand in hand with greater transparency and democratic accountability;
Amendment 55 #
2020/2124(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Asks the EIB as the EU’s public bank to make the utmost concerted efforts to deliver strong, policy-driven financing activity which gives priority to efficient public purpose projects, in particular those that would not otherwise be ‘bankable’, both within and outside the EU, with a view to addressing the unprecedented global challenges of the decades to come;
Amendment 74 #
2020/2124(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes, in addition, the subsequent creation of the EUR 25 billion European Guarantee Fund (EGF) in response to the COVID-19 crisis, not least its positive impact in providing financial support to SMEs and the health sector; suggesttresses that the EGF should remain operational beyond 2021; deems it of the utmost importance to step up such initiatives to ensure that funds are reaching the real economyEGF was set up to be temporary in nature and will be able to guarantee loans provided until 31 December 2021;
Amendment 80 #
2020/2124(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the creation of a targeted financing initiative of up to EUR 5.2 billion in response to the COVID-19 pandemic in order to support countries outside the EU;
Amendment 82 #
2020/2124(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that in the light of the successive waves of COVID-19 infections, the efficiency of these instruments will need to be further strengthened and extended; asks the EIB to stand ready to launch new supportive financial initiativesscrutinized and enforced;
Amendment 86 #
Amendment 88 #
2020/2124(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 93 #
2020/2124(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomeQuestions the proposal to increase EIB financing for climate action and environmental sustainability, including renewable energies, from around 30 % to at least 50 % by 2025, which would unlock ; underlinvestment of more than EUR 1 trillion over the next decade the importance of accountability and transparency for bodies that receive and provide EU funding;
Amendment 103 #
2020/2124(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes, however, that the roadmap envisages the introduction of a transition period until the end of 2022, which would mean that the EIB will not be aligned with the objectives of the Paris Agreement until 2023 at the earliest;
Amendment 125 #
2020/2124(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the crucial role of the EIB in meeting the goals of the Just Transition Mechanism and asks for more commitment and concrete action in this respect, namely through structural programme loans, InvestEU and as a financing partner for the public sector loan facility;
Amendment 131 #
2020/2124(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that principle of value for money should represent the cornerstone of all EU funded investments; points out that EU funding should be accompanied by measurable objectives and outputs including a quantifiable and comparable evaluation mechanism that will allow to compare and rank the efficiency of individual EU programmes;
Amendment 136 #
2020/2124(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that efficient investment in innovation, infrastructure and skills are crucial elements to recover from the economic and social crisis, ensure sustainable growth and create high-quality jobs and long-term competitiveness;
Amendment 138 #
2020/2124(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Urges not to repeat mistakes of the past in response to the economic crisis and warns that boosting investment is not an alternative to productivity-enhancing reforms; emphasises that regulatory environment with predictable rules, a level playing field and reduced compliance costs attract private investments;
Amendment 155 #
2020/2124(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EIB to play a role in assisting and financing the creation of innovation ecosystems and in promoting place-based industrial transformation, where universities, businesses, SMEs and start-ups can develop long-lasting partnerships for the common good; warns against the costs in a form of dead-weight loss, shifting of resources and moral hazard; calls the Commission to properly scrutinize the economic viability of the EIB programs;
Amendment 161 #
2020/2124(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that during the ongoing COVID-19 crisis, social welfare systems in the Member States have come under unprecedented strain; calls on the EIB to partner with the Commission and Member States to strengthen social welfare systems and increase investment in the social sector, including by establishing similar targets for social investment to those for digital and green investments;
Amendment 166 #
2020/2124(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the EIB to play an active role in helping Member States to deliver on the implementation of the European Pillar of Social Rights, while standing ready to align with the forthcoming Commission action plan and the Social Summit in Porto; points to the importance of ex-ante and ex-post evaluations of the sustainability, economic, social and environmental impact of projects accompanied by measurable result indicators;
Amendment 169 #
2020/2124(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights that public investments are limited as they represent scarce resources mostly funded by the taxpayers; calls on the EIB to prioritise the investments according to their efficiency in order to support economic growth;
Amendment 174 #
2020/2124(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. WelcomNotes the fact that the EIB is the largest multilateral lender in the world that strives to support EU external cooperation and development policies;
Amendment 178 #
2020/2124(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the EIB to prioritiserealise only an efficient investment in infrastructure that helps third countries to realise the UN Sustainable Development Goals and that delivers on social and environmental justice,deliver public services and fair economic opportunities for citizens;
Amendment 190 #
2020/2124(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. RecallNotes its request for an interinstitutional agreement between the EIB and Parliament in order to improve access to EIB documents and data and enhance democratic accountability;
Amendment 191 #
2020/2124(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 219 #
2020/2124(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 227 #
2020/2124(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that the EIB will review its environmental and social standards and calls for a wide and inclusive public consultation on these issues; invites the EIB to take account of the do-no harm principle in its operations; calls on the EIB to take this opportunity to strengthen its human rights policy;
Amendment 7 #
2020/2122(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
— having regard to the European Court of Auditors (ECA) Special Report entitled ‘Resolution planning in the Single Resolution Mechanism’, published on 14 January 2021,
Amendment 20 #
2020/2122(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Banking Union encompasses a single supervisory mechanism, a single resolution mechanism, and harmonised national deposit guarantee schemes;
Amendment 42 #
2020/2122(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a reinforced Banking Union requires first and foremost accelerated efforts by various Member States to reduce their high levels of non- performing loans and prevent their increase in the future;
Amendment 45 #
2020/2122(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas as long as risks differ greatly between national banking systems, European Deposit Insurance Scheme would pose additional systemic risk for the Banking Union;
Amendment 62 #
2020/2122(INI)
Motion for a resolution
Recital F
Recital F
F. whereas prudential and anti-money laundering supervision is necessary and equally important;
Amendment 74 #
2020/2122(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the sound public finances are necessary condition for the macro- financial stability of the Banking Union;
Amendment 79 #
2020/2122(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas the near zero interest rates greatly reduce the profitability of banks in one of their most important areas of business activity, the provision of credit for long-term investments;
Amendment 80 #
2020/2122(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas the stability of financial institutions in the Banking Union is still a matter of grave concern; whereas the economic downturn will lead to an increase in non-performing loans;
Amendment 88 #
2020/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the Banking Union has delivered the institutional set-up for greater market integration, through the SSM and the SRM, while a European deposit insurance scheme (EDIS) is still lacking;
Amendment 101 #
2020/2122(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that banks’ response to the current crisis demonstrates that the regulatory reforms in the past decade, as well as the institutional set-up, have resulted in better-capitalised and less- leveraged banks; notes, however, that the high level of non-performing loans remains a serious problem in several Member States;
Amendment 120 #
2020/2122(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the vital contribution to addressing the crisis of public guarantee schemes, moratoria on loan repayments for borrowers in financial difficulty, the central banks’ liquidity programmes and the ECB’s targeted longer-term refinancing operations (TLTRO) and pandemic emergency purchase programme (PEPP); warns in this regard over the risk of overshooting the inflation target due to loose monetary policy which could affect the functioning of Banking Union;
Amendment 126 #
2020/2122(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Is concerned that loose monetary policy contributes to the lower long-term economic growth and creates an incentive to delay the implementation of the necessary structural reforms;
Amendment 137 #
2020/2122(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the need to further strengthen the financial sector through the completion of the Capital Markets Union which will help to channel credit into the real economy;
Amendment 169 #
2020/2122(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the ECB’s report on the digital euro and the outcome of its public consultation and expects further analysis of the implications for the banking sector, particularly its impact on banks’ products such as current accounts and its potential to outcompete financial services corporations as intermediaries for processing transactions;
Amendment 191 #
2020/2122(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the failure to ensure full gender balanceliminate gender discrimination in EU financial institutions and bodies;
Amendment 197 #
2020/2122(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Condemns all forms of discrimination and stresses that competence and moral integrity should be the only and mandatory criteria for any job position in EU financial institutions and bodies;
Amendment 220 #
2020/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that ensuring proper and timely management of deteriorated exposures will be key to preventing a build-up of non-performing loans (NPLs) in the short term; advices the Member States to make further efforts to address this issue;
Amendment 260 #
2020/2122(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that as Member States sell increasing amounts of sovereign bonds, their share in banks’ balance sheets grows, potentially aggravating the doom loop; considers thatpoints out that government bonds are not risk-free assets and should not be treated as such; questions whether the creation of Next Generation EU will provide high-quality European assets;
Amendment 272 #
2020/2122(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that the EU-wide stress test launched on 29 January 2021 aims to test capital trajectories of banks in a situation of worsening asset quality; stresses the importance to consider the impact of potentially rising interest rates on banks’ balance sheets;
Amendment 279 #
2020/2122(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes the efforts of the SSM to provide guidance and clarity to banks for self-assessing and appropriately reporting environmental and climate change-related risks; considers the SSM climate risk stress test an important step in evaluating banks’ practices and identifying concrete areas of improvement; warns, however, of danger of green asset bubbles that could be a consequence of oversubsidizing the sustainable investments;
Amendment 300 #
2020/2122(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. TrustNotes that the introduction of a backstop into the SRF earlier than originally envisaged is positive for the strengthening of the crisis management frameworkincreases risk sharing; advises that risk reduction should precede any form of legacy sharing and risk sharing;
Amendment 311 #
2020/2122(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Endorses ECA’s recommendation that in order to ensure that supervisory action is taken sufficiently early, the SRB and the Commission should approach the legislators and the ECB, in its role as supervisor, and advocate for objective and quantified thresholds for triggering early intervention measures, and reaching the decision that a bank is failing or likely to fail;
Amendment 357 #
2020/2122(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Points out that risks still differ greatly between different national banking systems;
Amendment 358 #
2020/2122(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Emphasises the potential high risks of EDIS, particularly those related to moral hazard; opposes therefore the completion of the Banking Union through the creation of a fully mutualised EDIS;
Amendment 360 #
2020/2122(INI)
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35 c. Stresses that risk reduction would ensure the level of protection that depositors currently enjoy, without raising the systemic risk through establishing fully mutualised EDIS;
Amendment 361 #
2020/2122(INI)
Motion for a resolution
Paragraph 35 d (new)
Paragraph 35 d (new)
35 d. Questions whether Article 114 would be an appropriate legal basis for the establishment of EDIS;
Amendment 6 #
2020/2078(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 33 #
2020/2078(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the public debt to GDP in the euro area is projected to rise from 86% in 2019 to 103% in 2020; whereas such debt levels may be unsustainable if and when interest rates return to higher levels7a ; _________________ 7a https://ec.europa.eu/commission/presscor ner/detail/en/ip_20_799
Amendment 41 #
2020/2078(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas growth has to an important degree relied upon unconventional and, in the long term, unsustainable monetary policy; whereas this monetary policy has failed to create a momentum for productivity-enhancing reforms;
Amendment 45 #
2020/2078(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas monetary policy has not been neutral and has led to large redistribution effects between deficit and surplus countries and between savers and debtors;
Amendment 46 #
2020/2078(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Amendment 73 #
2020/2078(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the Commission’s estimate of the investment needs of the EU for delivering the green transition and digital transformation amounts to at least EUR 595 billion per year8 ; recognises that public investments are limited as they represent scarce resources mostly funded by the taxpayers; underlines the need to prioritise the public investments which enhance economic growth; _________________ 8 Commission Staff Working Document - Identifying Europe's recovery needs, p. 16: https://ec.europa.eu/info/sites/info/files/eco nomy- finance/assessment_of_economic_and_inv estment_needs.pdf
Amendment 79 #
2020/2078(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned with the insufficient progress in trade talks between the EU and UK; urges the Commission to prepare also for the no deal scenario, which would create serious barriers to trade between EU and UK since the beginning of 2021;
Amendment 83 #
2020/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EU faces the unprecedented challenge of mitigating the social and economic consequences of the historic recession and setting the course for a rapid economic recovery linked to a sustainable and just transition and digital transformation; is convinced that, for this, a significant increase in public and private investment compared to the 2010s is indispensable and that the increasedappropriate and efficient level of investment must be stabilised for many years to come; calls on Member States to create a regulatory framework that supports private investment;
Amendment 92 #
2020/2078(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that the backbone of the economic recovery lies in the growth- enhancing structural reforms; notes that in order to protect European taxpayer, any assistance from Recovery Plan to each Member State should be conditional on the implementation of the structural reforms recommended in the Country Specific Recommendations;
Amendment 95 #
2020/2078(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that high levels of taxation in Europe are a hindrance to investments, jobs, productivity and competitiveness;
Amendment 97 #
2020/2078(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that the sound public finances are necessary condition for the macro-financial stability of the Eurozone;
Amendment 98 #
2020/2078(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls the positive practice of transparency in several Member States in the form of mandatory disclosure of contracts concluded by the public sector which supports the efficiency of public finances and promotes economic growth;
Amendment 102 #
2020/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the swift and strong response to the crisis in the area of monetary and fiscal policy, at both EU and Member State level, as well as the European Recovery Plan; considers it essential that the recovery package is fully aligned with the EU’s new growth strategy, i.e. in accordance with the principles of the European Green Deal (EGD), the European Pillar of Social Rights (EPSR) and the United Nations Sustainable Development Goals (SDGs), and with the aim to protect women’s rights and achieve gender equality; demands that funds and resources be directed to projects and beneficiaries that comply with our Treaty- based fundamental values and that recipient firms protect their workers, pay their fair share of taxes, and refrain from paying out dividends or offering share buy- back schemes aimed at remunerating shareholders;
Amendment 124 #
2020/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the activation of the general escape clause of the Stability and Growth Pact, and expects that it will remain activated at least until the end of 2021 in order to support the efforts of the Member States to recover from the pandemic crisis and strengthen their economic and social resilience;
Amendment 131 #
2020/2078(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges Commission to present a roadmap to ensure a swift retraction of the general escape clause of the Stability and Growth Pact;
Amendment 151 #
2020/2078(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the conclusion of the European Fiscal Board (EFB)9 that the fiscal framework has to be revised, and is convinced that the deep economic crisis triggered by the pandemic further exacerbates this need; believes that the review and reform have to meet the above requirements in terms of increasing investment relating to climate change and digitalisation and stabilising the newensure vigorous enforcement of sound budgetary management and secure clear path to sustainable levels of investment, while ensuring sound budgetary managementpublic debt in Member States; _________________ 9EFB Annual report 2019, p. 71 - https:/ec.europa.eu/info/sites/infos/files/20 19-efb-annual-report_en.pdf
Amendment 154 #
2020/2078(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Regrets the poor enforcement of the EU fiscal rules before the COVID-19 pandemic;
Amendment 162 #
2020/2078(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that many growth-friendly structural reforms do not require fiscal space but rather legislative and administrative efforts aimed at strengthening market forces and private sector initiatives;
Amendment 170 #
2020/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential that the revision of the EU’s fiscal and economic policy framework should be completed by the time the escape clause is repealed and should enable fiscal policy to respond with discretion to shocks in the short term, and to reduce high public debt ratios to an agreed reference value60% GDP in the long term, while allowing a suefficient level of public investment, progressive tax policies and the repayment of loans in a cycle- comfortable manner, and the long-term modernisation of in line with EU fiscal rules, and efficient investment in public commodities;
Amendment 180 #
2020/2078(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Warns that boosting investment should not be seen as an alternative to productivity-enhancing reforms;
Amendment 182 #
2020/2078(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that principle of value for money should represent the cornerstone of all EU funded investments; points out that EU funding should be accompanied by measurable objectives and outputs including a quantifiable and comparable evaluation mechanism that will allow to compare and rank the efficiency of individual EU programmes; underlines the importance of accountability and transparency for bodies that receive EU funding;
Amendment 189 #
2020/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Proposes a combination of expenditure rules for public non- investment expenditure and a golden rule for public investment which is central to both; wishes to see a rapid recovery from the COVID-19 crisis and a transition to a cleaner, socially sustainable and more digital society;
Amendment 200 #
2020/2078(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the European Semester cycle is a framework for EU Member States to coordinate their budgetary and economic policies;
Amendment 202 #
2020/2078(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recommends the necessary respect for the principles of subsidiarity and proportionality; stresses that Member States must continue to have sufficient flexibility in implementing an appropriate social policy;
Amendment 211 #
2020/2078(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the refocus of the European Semester Spring Package aimed at providing an immediate economic policy response to tackle and mitigate the health and socio-economic impact of COVID-19 and reboot economic activity; supports the Commission’s announcement of a reform of the European Semester to convert it into a tool to coordinate the recovery measures, framed by the principles of the EGD, the EPSR and the SDGs; is convinced that this has to include the coordination of measures concerning state aid and tax policies; underlines the need for the integration of a new set of binding sustainability and wellbeing indicators and alternative measurements of growth performanceto define relevant performance indicators measuring progress of implementation of structural reforms;
Amendment 228 #
2020/2078(INI)
13. Recognises the role that the Commission has allotted to the European Semester in the Recovery Plan; notes, however, that the effectiveness and success of the alignment of Member States’ investment and reform programmes to the Semester process will depend on the progress of the Semester reform and the above-mentioned reform of the Stability and Growth Pact;
Amendment 236 #
2020/2078(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 258 #
2020/2078(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Invites the Commission to explore new policies suggested by international institutions that support and contribute to financing a just transition and sustainable growth, as well as aiming to restore Member States’ public finances; calls for the new basket of resources to include income stemming from EU policies favouring both the implementation of environmental protection and the preservation of a fair single market;
Amendment 271 #
2020/2078(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the urgent need to complete and reinforce the EMU architecture with a view to protecting citizens and reducing pressure on public finances during external shocks so as to overcome social and economic imbalances, by creating a fiscal capacity for public investment, a macroeconomic stabilisation and cohesion function for the euro area, and a European unemployment benefit reinsurance scheme;
Amendment 281 #
2020/2078(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the need to further strengthen the financial sector through the completion of the Capital Markets Union;
Amendment 283 #
2020/2078(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Reminds that debt service costs remain low also because of ECB low interest rates policy; recommends to consider the impact of potentially rising interest rates and risks arising from further expansion of the ECB's balance sheet;
Amendment 284 #
2020/2078(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Recalls the need to reduce the levels of public debt to help the European economies to be more resilient to shocks, especially in highly indebted countries; warns about higher financing costs in the future once monetary policy accommodation is reduced, especially in the euro area;
Amendment 1 #
2020/2046(INI)
Motion for a resolution
Citation 22
Citation 22
Amendment 17 #
2020/2046(INI)
Motion for a resolution
Recital B
Recital B
Amendment 24 #
2020/2046(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the Parliament fully respects the principle of national tax sovereignty;
Amendment 27 #
2020/2046(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas fighting tax fraud and tax evasion should not diminish the fruitful benefits of the tax competition;
Amendment 33 #
2020/2046(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the Parliament acknowledges it has no legislative power in the area of direct taxation and has only a limited legislative power over the indirect taxation;
Amendment 35 #
2020/2046(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas the Parliament respects and supports the benefits of tax competition among Member States;
Amendment 36 #
2020/2046(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas tax collection is individual responsibility of each Member State;
Amendment 54 #
2020/2046(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes, however, that some types of income and assets are still excluded from the scope, which presents a risk of circumventing tax obligations; calls on the Commission to assess the need and the most appropriate way to include the following ownership information, items of income and non-financial assets in the automatic exchange of information (AEOI): (a) the beneficial owners of immovable property and companies; (b) capital gains related to immovable property and capital gains related to financial assets, in particular to find ways for tax administrations to be better informed to identify realised capital gains; (c) non-custodial dividend income; (d) non-financial assets such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes; and (e) ownership of yachts and private jets;
Amendment 63 #
2020/2046(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the effectiveness of DAC1 is seriously constrained by the fact that Member States are only required to report at least two categories of income; calls on the Commission to make it mandatory to report on all categories of income and assets in the scope;
Amendment 65 #
2020/2046(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that the definition of reporting Financial Institutions (FIs) and types of accounts that need to be reported in DAC2 involves a risk of circumvention and increased bureaucracy; calls for an assessment by the Commission of the need to extend the reporting obligations to other relevant types of FIs, to review the definition of excluded accounts and to remove the thresholds applicable to pre- existing entity accounts;
Amendment 69 #
2020/2046(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes that DAC3 contains certain blind spots; therefore calls for the scope of EOI under DAC3 to be widened to include informal arrangements, post- transaction agreements, natural persons and rulings which are still valid, but which were issued, amended or renewed before 2012;
Amendment 76 #
2020/2046(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recognises the sensitivity of Member States’ competence over taxation; welcomes in this regard that major progress has been achieved on cooperation between the tax authorities of the Member States over the last decade; supports further discussions among Member States in order to strengthen the administrative cooperation;
Amendment 81 #
2020/2046(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Reminds that the European rules on administrative cooperation do not replace national rules but rather provide minimum standards for information exchange and cooperative actions;
Amendment 83 #
2020/2046(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recognises that the information exchanged between Member States via DAC and the underlying systems are highly confidential;
Amendment 84 #
2020/2046(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Acknowledges that in order to improve the objectives of DAC the emphasis shall be put on closing existing gaps in implementation and monitoring rather than on new legislative rules;
Amendment 88 #
2020/2046(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that the information exchanged is of limited quality; calls for stronger enforcgagement procedures at Member State level; calls onof the Commission and Member States; reminds the recommendations of European Court of Auditors to the Commission to include on the spot visits in Member States and to assess the effectiveness of their monitoring schemes; calls onrecommends the Member States to establish a system of quality and completeness checks of DAC data, as well as procedures for the audit of reporting obliged entities regarding the quality and completeness of data sent;
Amendment 91 #
2020/2046(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that there are no prescribed sanctions for FIs which either do not report or which report information falsely or incorrectly, and that measures vary significantly across Member States; calls for more harmonised and effective sanctions for non-compliance, with a deterrent effectreminds that the effective compliance falls under the competence of Member States tax, administrative, corporate and criminal laws;
Amendment 105 #
2020/2046(INI)
9. Observes that increasingly complex structures are being used to conceal the ultimate beneficial owners and therefore thwart the effective implementation of AML rules; believes there should be no threshold for reporting the beneficial ownerat the AML rules should be fully enforced in all Member States;
Amendment 108 #
2020/2046(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Commission monitors the transposition of the DAC legislation in the Member States; points out, however, that it has so far neither taken direct and effective action to address the lack of quality of the data sent between Member States, nor carried out visits to Member States, nor has it ensured the effectiveness of sanctions imposed by Member States for breaches of the DAC reporting provisions; calls on the Commission to step up its activities in this regard and to launch infringement procedures, using, among others, the Global Forum13 and Financial Action Task Force reviews; _________________ 13Global Forum on Transparency and Exchange of Information for Tax Purposes.
Amendment 114 #
2020/2046(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the Global Forum has recently assessed the legal implementation of the Common Reporting Standard (CRS)14 and deplornotes the fact that 10 Member States are not fully compliant; _________________ 14 https://www.oecd- ilibrary.org/docserver/175eeff4- en.pdf?expires=1614245801&id=id&accna me=ocid194994&checksum=C36736F5E5 628939095D507381D7D7C5
Amendment 128 #
2020/2046(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the factNotes that one Member State, Malta, has received an overall ‘partially compliant’ score in the peer review by the Global Forum for EOIR; regretnotes the fact that material deficiencies have been identified in 18 Member States15 ; _________________ 15 https://www.europarl.europa.eu/RegData/et udes/STUD/2021/662603/EPRS_STU(202 1)662603_EN.pdf
Amendment 131 #
2020/2046(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the use of information under the DAC for non-tax matters requires prior authorisation from the sending Member State, which is not always granted; insists that the use of information exchanged under the DAC should always be authorised for purposes other than tax matters where this is allowed under the laws of the receiving Member State;
Amendment 142 #
2020/2046(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Regrets that according to the Court of Auditors the Commission is not proactively monitoring the implementation of the legislation, providing sufficient guidance nor measuring the outcomes and impact of the system;17a _________________ 17a https://www.eca.europa.eu/Lists/ECADoc uments/SR21_03/SR_Exchange_tax_info rm_EN.pdf
Amendment 151 #
2020/2046(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls onAsks the Member States to consider to communicate the statistics, tax revenue gains and all other relevant information to properly assess the effectiveness of all exchanges to the Commission on an annual basis while respecting the data protection rules, tax and trade secrets, in line with the national and European law, and, in the case of EOIR, requests that the information provided be disaggregated on a country-by-country basis in compliance with the existing EU and national legislative and administrative rules;
Amendment 162 #
2020/2046(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 166 #
2020/2046(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 7 #
2020/2023(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas due to unprecedented situation caused by the coronavirus pandemics the negotiations on the future agreement with the UK have been delayed;
Amendment 8 #
2020/2023(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas in 2019 the EU27 exports in goods to UK amounted to EUR 318,1 billion and EU27 imports from UK amounted to EUR 193,7 billion which was equivalent to 15% of all EU27 exports and 10% of all EU27 imports in goods;
Amendment 12 #
2020/2023(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that all Member States, EU Institutions, businesses and citizens should be prepared for a new partnership with the UK at the end of the transition period;
Amendment 19 #
2020/2023(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reminds that the biggest free-trade barriers between the economic zones are not tariffs, but different regulations; believes that if the regulations are comparable when it comes to achieving the same social outcomes, which might likely be the case between the EU and the UK, a regulatory cooperation mechanism to promote mutual recognition in areas, where it is unlikely to be exploited, would be a useful innovation;
Amendment 27 #
2020/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that under no circumstance a third country can have the same rights as well as the same obligations or enjoy the same benefits as a Member State; recalls, therefore, that a balanced, ambitious and wide-ranging free trade agreement can only be agreed ifthrough a level playing field is secured through robust commitmentsor mutual recognition;
Amendment 36 #
2020/2023(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that dynamic regulatory alignment on the market surveillance of products and robustappropriate and effective product standards should be an essential and irreplaceable part of any future agreement so as to ensure a level playing field and legal certainty for EU businesses and a high level of protection for EU consumers through effective market surveillance; underlines that a level playing field, which includes mutual recognition, requires a horizontal mechanism, such as an overall governance framework covering all areas of cooperation, to ensure effective implementation, enforcement and dispute settlement through adequately resourced domestic authorities and effective administrative and judicial proceedings;
Amendment 42 #
2020/2023(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that in any event a newthe future agreement will lead to customs checks and verification before goods enter the internal market and insists that safeguarding the compliance of goods with internal market rules is of the utmost importance; considers that operational procedures aimed at safeguarding the internal market for goods and the customs union must keep ‘red tape’ to a minimum, especially for SMEs;
Amendment 52 #
2020/2023(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that ambitiousppropriate arrangements should be included to facilitate electronic commerce and data flows, to address unjustified barriers to trade by electronic means, and to ensure an open, secure and trustworthy online environment for businesses and consumers;
Amendment 56 #
2020/2023(INI)
10. Stresses that the public procurement market should remain equally open on both sides, provided there is an effective level playing field, which includes mutual recognition, covering every relevant aspect; regrets that the public procurement sector is not mentioned in the UK mandate for the negotiations;
Amendment 75 #
2020/2023(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses that the EU consumer protection standards and citizens’ rights under the EU acquis must not be negatively affected by any future agreement; believes that the future agreement should bring added value to EU consumers which may be delivered also by less regulation;
Amendment 86 #
2020/2023(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Stresses the importance of regulatory and administrative cooperation, such as occurs with other third countries, in order to tackle non-tariff barriers and to pursue objectives of public interest, so as to protect the interests of EU consumers including to ensure a secure and trustworthy environment for consumers and businesses online, as well as to combat unfair commercial practices.
Amendment 2 #
2020/2019(INL)
Draft opinion
Recital C
Recital C
C. Whereas the revision of Directive 2005/29/EC1a by Directive (EU) 2019/21611b, and Directives (EU) 2019/7701 and (EU) 2019/7712 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; __________________ 1 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 1aDirective 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22–39). 1bDirective (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7). 2Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 5 #
2020/2019(INL)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas, in relation to the COVID-19 outbreak, the Commission welcomed the positive approach by the platforms after sending them the letters on 23 March 2020;
Amendment 8 #
2020/2019(INL)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. Whereas only relevant data, statistics, analyses and proper enforcement could demonstrate a need for any further measures;
Amendment 17 #
2020/2019(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the measures taken by platforms in relation to the COVID-19 which help to proactively take down misleading ads and ‘miracle products' with unsupported health claims, reinforcing automated and human monitoring of content;
Amendment 19 #
2020/2019(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Asks the Commission to analyse the effect of self-regulatory measures adopted by platforms on misleading ads;
Amendment 25 #
2020/2019(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomEncourages efforts to bring transparency to advertising online and considers that further clarity and guidance is needwelcomed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries areif relevant data shows a significant gap in misleading advertising practices and enforcement between Union-based and third country based platforms, it is reasonable to consider further options to reinforce compliance with existing laws, including an obligation for advertisers and intermediaries established in a third country, they shouldo designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements; asks to take into account whether reciprocal obligations from third countries adopted in reaction to the new Union rules would not hamper provision of services by Union-based companies in third countries;
Amendment 36 #
2020/2019(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to clarify and publish what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor theare subject to in accordance with Union and national laws, namely Directive 2005/29/EC, concerning unfair business-to-consumer commercial practices in the internal market, as amended by Directive (EU) 2019/2161 and Directive 2006/114/EC concerning misleading and comparative advertising, if they knowingly accept false or misleading advertisements; acknowledges that misleading advertising is difficult to be detected by platforms, believes that online platforms should be encouraged to actively monitor and remove the misleading advertisements shown on their sites, in order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsored; recalls however that this should be in line with the “no general monitoring” principle; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
Amendment 56 #
2020/2019(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. While recalling earlier efforts, asks the Commission to further review the practice of End User Licensing Agreements (EULAs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs are often accepted by users without reading them; moreover notes that when a EULA does allow for users to opt- out of clauses, platforms may require users to do so at each use;
Amendment 63 #
2020/2019(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that EULAs should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the Commission to ensure that, where reasonable, consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non- operational data with the device manufacturer or third parties;
Amendment 68 #
2020/2019(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the Directive (EU) 2019/2161, Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;
Amendment 82 #
2020/2019(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that any future legislative proposals should be evidence-based and should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of Union legislation by Member States.
Amendment 4 #
2020/2018(INL)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the European Parliament resolution of 12 December 2018 on the single market package (2018/2903(RSP),
Amendment 7 #
2020/2018(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Communication from the Commission of 10 March 2020, entitled “An SME Strategy for a sustainable and digital Europe” (COM/2020/103),
Amendment 8 #
2020/2018(INL)
Motion for a resolution
Citation 4
Citation 4
Amendment 13 #
2020/2018(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI),1a __________________ 1a OJ C 331, 18.9.2018, p. 135
Amendment 15 #
2020/2018(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
Amendment 18 #
2020/2018(INL)
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may have contributed positively to unlocking the potential of the Digital Single Market,; whereas further discussion is needed in order to find out whether and how to enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 28 #
2020/2018(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and it may no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 29 #
2020/2018(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market as amended by Directive (EU) 2019/2161 (EU) and Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; whereas other proposals such as the proposal for Regulation on preventing the dissemination of terrorist content online and the proposal for a Directive on representative actions for the protection of the collective interests of consumers are in the legislative process;
Amendment 30 #
2020/2018(INL)
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, and by the inability of the existing legal framework to promote effective market entry and consumer welfarere seems to be a lack of enforcement and cooperation between Member States;
Amendment 40 #
2020/2018(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomiCOVID-19 outbreak caused major supply and demand shocks, adversely affected European businesses and has brought new social and economic challenges of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happenthat deeply affect our citizens; whereas the e-commerce sector showed resilience and offers potential as a driver for relaunching in the futureEuropean economy;
Amendment 41 #
2020/2018(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futureCommission welcomed the positive approach by the platforms after sending them the letters on 23 March 2020;
Amendment 47 #
2020/2018(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas legal certainty and business-friendly legislation is essential to seed and grow innovative businesses in the Union, and to further close the gap to the global digital leaders;
Amendment 55 #
2020/2018(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the E-Commerce Directive requires platforms to take down illegal activity and illegal information but does not define them, which makes it hardly distinguishable from other harmful but not illegal content;
Amendment 57 #
2020/2018(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas not the occasional reprehensible cases, but rather relevant data, statistics and analyses should demonstrate a need for any further measures;
Amendment 63 #
2020/2018(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, analyses of relevant data and best practices following the recommendations set out in the Annex hereto;
Amendment 66 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI)) is still up to date;
Amendment 67 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Reminds that it is of an utmost importance to prepare the proposal cautiously, following facts, statistics and best practices rather than several condemnable cases, outdated or partial statistics, in order to avoid any unintended consequences, hampering innovation and choice of consumers; stresses that gold- plating practices of Union legislation by Member States and unnecessary regulatory burdens or unnecessary restrictions must be avoided and the new obligations for platforms should be proportional and their meaning clear;
Amendment 69 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Encourages the Commission to work on a clear and easily understandable text for all related parties, such as consumers, enforcement authorities and information society services, which would not have to be subject of wide interpretation by the Court of Justice of the EU;
Amendment 71 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reiterates its belief that an evidence-based approach is essential for generating a comprehensive understanding in this field; asks the Commission to provide a detailed analysis on the need for and impact of the Digital Single Act package;
Amendment 72 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Is disappointed that although the Commission was supposed to have been working on gathering information at the time of the adoption of European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI)) , it has not yet released relevant information, statistics, data, comparisons of best practices needed to prepare responsible direction for a new proposal;
Amendment 73 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Given the specific nature of the services covered by the E-Commerce Directive and the need to involve highly specialized experts, asks the Commission to provide a detailed quantification of the financial burden of the future proposal on the Union budget and the budgets of the Member States;
Amendment 74 #
2020/2018(INL)
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Welcomes the Commission soft- law instruments used in recent years to help understanding of legislative environment of platforms for all stakeholders, such as Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online; believes that the Commission should issue guidelines and recommendations for explaining digital services regulatory environment in order to secure rights of online users while stimulating innovation;
Amendment 91 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directiveunless proven otherwise by relevant data, the provisions of the E-Commerce Directive, including the main principles, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework;
Amendment 95 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. ConsiderStresses that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of; considers that the consumer protection and user safety, should also become guiding principles of the future regulatory framework;
Amendment 98 #
2020/2018(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that rules on consumer protection and user safety, including their enforcement rules, are well established by both, the EU and national legislation; Asks the Commission to provide analyses about the enforcement of these rules and potential shortcomings in enforcement;
Amendment 100 #
2020/2018(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-prooffair competition and a predictable, comprehensive EU-level framework and fair competiwithout unnecessary burdens and restrictions are crucial in order to promote the growth of all businesses in the field, including European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provid and provide businesses, including the European businessesones, with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 110 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 112 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 123 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 125 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considerdifferentiating between the “digital” single market and the “offline” single market does not describe market realities; supports a level playing field for all participants of the internal market; notes that social protection and social rights of workers, especially of platform or collaborative economy workers are subject to national policies and should be properonly addressed ion a specific instrument, accompanying the future regulatory frameworkthe EU level in accordance to the proportionality and subsidiarity principles;
Amendment 139 #
2020/2018(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights and particularly the safeguard of freedom of speech and expression, should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;
Amendment 151 #
2020/2018(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the Digital Services Act provides an opportunity for the Union to shape the central aspects of the digital economy not only at Union level but also be a standard-setter for the rest of the world;
Amendment 155 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to take into account whether reciprocal obligations from third countries adopted in reaction to the new EU rules would not hamper provision of services by EU based companies in third countries;
Amendment 158 #
Amendment 159 #
2020/2018(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reminds a common interest to support and enhance research, innovation and growth of competition on the digital market; notes that different rules for different providers of information society services, based on their size or other criteria might violate the meaning of fair competition rules; notes that too prescriptive and strict rules have the potential to hamper innovation;
Amendment 162 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.; warns in that regard against applying pressure that would push online platforms and social networking sites into taking unnecessarily broad measures which have a chilling effect on content sharing and may undermine fundamental rights;
Amendment 170 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in termsshould cooperate ofn protecting users and society at large and on preventing their services from being exploited abusively.
Amendment 176 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit thework on better enforcement of existing legislation and closer cooperation among the Member States in order to understand advantages and shortcomings of existing rules and to reinforce fundamental rights; in this sense asks the Commission to consider preparing guidelines on how to improve enforcement of online related legislation; notes that also in the area of media the online and offline companies should be treated equally;
Amendment 177 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights; considers that any reflection should consider how to reinforce fundamental rights, especially freedom of expression; recalls in this respect certain established self-regulatory and co-regulatory schemes such as the Code of Practice on disinformation, which have played a positive role in addressing those issues and could serve as a basis for future legislation;
Amendment 188 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that as it is the case with the E-Commerce Directive, the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union;
Amendment 189 #
2020/2018(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achievebe based on the pright balance betweennciples of the internal market freedoms and the fundamental rights and principles set out in the Charterrecognition of Ffundamental Rrights of the European Union;
Amendment 196 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are tothe importance and resilience of online platforms, as tools for educational purposes, for spreading information to mitigate the effects of a pandemic and for safe online-shopping without the need for a consumer to take a risk of being infected by the virus during traditional “contact” shopping; regrets the occurrence of cases of misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; stresses that the new rules should not be based on a couple of non- compliant cases but rather on data taking in consideration both, positive and negative experience of consumers;
Amendment 197 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are toexposed the challenges EU consumers may face when shopping online, e.g. misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; recalls however, the number of proactive measures introduced by some online platforms that are addressing these issues;
Amendment 204 #
2020/2018(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 212 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers thatSupports the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened; requests proper enforcement of the existing framework before new obligations are put forward; proposes the continued review of the existing requirements based on the dialogue with stakeholders and social partners in search of potential added value in case of either strengthening or softening the current rulebook;
Amendment 220 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customonline sellers, and the minimum information requirements on commercial communications, should be substantially strengthenproperly analysed and subsequently, if needed, improved;
Amendment 234 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to analyse the need to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensurequire that the information they provide is accurate and up-to-date;
Amendment 246 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and informationwith respect to privacy rules; considers that these obligations should be enforced by appropriortionate, effective and dissuasive penalties;.
Amendment 248 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, proportionate, effective and dissuasive penalties;
Amendment 256 #
2020/2018(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the Commission should review, whether existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone and should support this revision by appropriate and relevant data; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 274 #
2020/2018(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of inputs for algorithms, as well as liability; points out the need to monitor algorithms annd outputs for which are algorithms optimised; points out the need to assess associated risks of using AI, to use high quality and unbiased underlying datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 287 #
2020/2018(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it is and it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; believes that a decision issued via automated decision- making should be a subject of a remedy which is made out of an automated system, i.e. by human assessment;
Amendment 294 #
2020/2018(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes that automated content moderation tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content may be considered to violate the law or terms of service; stresses therefore that the use of such tools should not be mandated by law;
Amendment 306 #
2020/2018(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
Amendment 307 #
2020/2018(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is of the view that in order for consumers to protect their rights and for businesses to efficiently moderate the content uploaded by users, illegal content should be easily distinguishable from harmful content or misinformation online; asks the Commission to provide a understandable definition of illegal information and activities including their exhaustive list and to provide safeguards in order to avoid gold-plating of this rules by the Member States;
Amendment 312 #
2020/2018(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 332 #
2020/2018(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online; ; points that codes of conduct on countering illegal hate speech online improved the response of the platforms to the flagged content to 89% within 24 hours, 95 % under 48 hours, 99.3 % in a week; asks the Commission for the code of conduct on actions related to feedback provided to users of platforms, to ensure that users are informed how their notifications were resolved;
Amendment 341 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that more legal clarity is needed to encourage platforms and information society services providers to engage in additional voluntary actions for content moderation, above what is required by law; points out that the current EU legal regime creates an incentive for platforms and information society services providers to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating for fear of losing their safe harbour protections and facing legal consequences;
Amendment 346 #
2020/2018(INL)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Considers that any deployment of voluntary measures for content moderation shall not be treated as information society services providers having actual knowledge about illegal activities happening on their platforms, underlines that information society services providers shall not be held liable if they have not obtained actual knowledge or awareness of such activities; stresses that the limited liability principle has been one of the key enablers of European innovation;
Amendment 348 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of nationalo which extend national rules in the Member States are circumventing the basic rules in of the Member StatesE-Commerce Directive - the country of origin principle and to propose concrete non-legislative or legislative measures including a transparent notice- and-action mechanism, that can empower both users to notifyand online intermediaries of the existence ofto deal appropriately with potentially illegal online content or behaviour, help information service providers to make faster and more precise decision on content moderation and which could empower the enforcement authorities to apply existing rules in a coherent and legally sound way; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that content moderation rules and decisions should be clear and predictable for consumers;
Amendment 353 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a well- defined notice- and-actiotakedown mechanism with boundaries, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; highlights that such mechanism could be only complete if it is introduced together with a counter-notice mechanism; is of the opinion that such measures would guarantee a high level of users' and consumeprotection to all actors' protectionarticipating in the system, while promoting consumer trust in the online economy;
Amendment 372 #
2020/2018(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; reminds that the “primary” liability for illegal content should stay with a person uploading this content and should be different in volume and severity from “secondary” liability of service provider, i.e. responsibility for timely removal of illegal content;
Amendment 383 #
2020/2018(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Asks the Commission to consider the introduction of the good Samaritan clause whereby service providers that use voluntary measures to detect and remove illegal content online should not lose their liability protection; reminds that voluntary content moderation measures does not necessarily means full knowledge about illegal content uploaded by users and cannot in any case mean introduction of general monitoring principle in any form;
Amendment 399 #
2020/2018(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which oftenin some cases do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights;
Amendment 407 #
2020/2018(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; notes in this context the existence of the Rapid Alert System for dangerous non- food products;
Amendment 415 #
2020/2018(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 423 #
2020/2018(INL)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Asks the Commission to provide exact data and analyses on unsafe and dangerous products originated from both the Union and third countries;
Amendment 436 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; reminds that regulation may also act as a gatekeeper, as large companies can benefit from their scale and regulatory reach which enables them to adapt to new regulations which smaller companies find too complex or costly to comply with;
Amendment 439 #
2020/2018(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; notes, however, that concentration in the digital economy as measured by the Herfindahl-Hirschman Index (HHI) is actually stagnating or decreasing;
Amendment 444 #
2020/2018(INL)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that in order to promote competition and maximize consumer welfare, ex ante regulations of large platforms with significant network effects should take into account their already decreasing market share;
Amendment 445 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; believes that any regulatory intervention in this area should be supported by evidence demonstrating proven market failures and that the activities of such large platforms have resulted in significant consumer harm;
Amendment 451 #
2020/2018(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms, including regulatory barriers, has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; stresses that ex-ante measures should be in line with the antitrust rules within the competition framework of the Union;
Amendment 469 #
2020/2018(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States, including sharing the best practices, is key to ensuringe the proper enforcement of the Digital Services Act;
Amendment 476 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 492 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the central regulatory authority should prioritiseCommission should facilitate the dialogue and thus help cooperation between Member States to address complex cross- border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);
Amendment 498 #
2020/2018(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to gather information on all alternative dispute settlement solutions in Member States, provide data on their functioning and analyse whether there is a need and a possibility to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redress;
Amendment 503 #
2020/2018(INL)
Motion for a resolution
Annex I – part -I (new)
Annex I – part -I (new)
-I. Provided that relevant data and analyses support so, the Digital Services Act package should be based on these recommendations;
Amendment 504 #
2020/2018(INL)
Motion for a resolution
Annex I – part -I (new)
Annex I – part -I (new)
-1 The Digital Services Act package should be evidence-based and its impact assessment should inter alia include quantification of the financial burden on the Union budget and the budgets of the Member States;
Amendment 508 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protectionmaximizing consumer welfare, including the improvement of users’ safety online;
Amendment 513 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 2
Annex I – part I – paragraph 2
The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and “what is legal offline is also legal online”;
Amendment 514 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 3
Annex I – part I – paragraph 3
The Digital Services Act should provide consumers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency, support innovation while reducing barriers to market entry and provision of services, including regulatory barriers;
Amendment 519 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and freedom of expression and speech;
Amendment 523 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 5
Annex I – part I – paragraph 5
The Digital Services Act should build upon the rules currently applicable to online platforms, namely the E-Commerce Directive and the Platform to Business Regulation1 . __________________ 1Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57), including the country of origin principle.
Amendment 525 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – introductory part
Annex I – part I – paragraph 6 – indent 1 – introductory part
- a comprehensive revision of the E- Commerce Directive consisting of:
Amendment 536 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to the removal of illegal content online, including a harmonised legally-bindingcode of conduct on European notice-and -action mechanism;
Amendment 537 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective supervision, cooperation and sanctions which are proportionate, effective and dissuasive with regard to the systemic failure in question;
Amendment 538 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective national supervision, cooperation and sanctionmong Member States and proportionate sanctions with the preference for behavioural remedies;
Amendment 542 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument imposing ex-ante obligations on large platforms irrespective of their country of origin with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism, where there are proven market failures and where it has been proven that large platforms undermine the EU competition principles.
Amendment 545 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 6 – indent 2
Annex I – part I – paragraph 6 – indent 2
- an internal market legal instrument imposing ex-ante obligations on large platforms with a confirmed gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.
Amendment 548 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation;
Amendment 553 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
Amendment 557 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 3
Annex I – part II – paragraph 3
The Digital Services Act should maintain the derogation set out in the Annex of the E-Commerce Directive and, in particular, the derogation of contractual obligations concerning consumer contracts;
Amendment 562 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to set a highern effective level of consumer protection, maximizing consumer welfare and pursue legitimate public interest objectives in accordance with EU law;
Amendment 567 #
2020/2018(INL)
Motion for a resolution
Annex I – part II – paragraph 6
Annex I – part II – paragraph 6
The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, platforms to business relations and consumer protection, among others, and other anticipated initiatives such as AI regulation;
Amendment 570 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – introductory part
Annex I – part III – paragraph 1 – introductory part
If analyses and impact assessment supports so, in its definitions, the Digital Services Act should:
Amendment 573 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify if and to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 580 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 3
Annex I – part III – paragraph 1 – indent 3
- clearly distinguish between commercial activities and content or transactions provided against remuneration, which also cover advertising and marketing practices on the one hand, and non-commercial activities and content on the other;
Amendment 581 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content;
Amendment 582 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal contentand “illegal activity” definitions;
Amendment 592 #
2020/2018(INL)
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators and their trends that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a problematic systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, user time spent), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, any barrier to provision of services by its competitor etc.
Amendment 601 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear and proportionate due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
Amendment 605 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Amendment 623 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part
The Digital Services Act should require service providers to adopt fair and transparent contract terms and general conditions in compliance with at least the followingcombining existing and new requirements:
Amendment 626 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Amendment 631 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Amendment 634 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)
- to ensure that cancellation process is similarly effortless as the sign-up process (with no “dark patterns” or other influence on consumer decision);
Amendment 635 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exact parameters of their AI systems and how they can affect the choice or behaviour of their users and the reasons and importance of those parameters as opposed to other parameterinputs and targeted outputs of their AI systems.
Amendment 647 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- TheIf technically feasible, proportionate and proven to provide the added-value, transparency requirements shcould include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement;
Amendment 648 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement;
Amendment 652 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
- if proven by analyses, Article 7 of the E-Commerce Directive should be revised or supported by effective enforcement measures in order to protect consumers from unsolicited commercial communications online.
Amendment 655 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 659 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4
Annex I – part IV – paragraph 1 – subheading 4
Amendment 662 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
- establish comprehensive rules on non-discrimination, input and output transparency, oversight and risk assessment of algorithms for AI- driven services in order to ensure a highern effective level of consumer protection, maximizing consumer welfare;
Amendment 683 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines, which shall be proportionate to the systemic failures in question.
Amendment 684 #
2020/2018(INL)
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of reasonable fines.
Amendment 689 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – introductory part
Annex I – part V – paragraph 1 – introductory part
The Digital Services Act or other ancillary non-legislative measures should provide clarity and guidance regarding how online intermediaries should tackle illegal content online while fully respecting the “no general monitoring” principle. The revised rules of the E- Commerce Directive should:
Amendment 693 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 1
Annex I – part V – paragraph 1 – indent 1
- clarify that any removal or disabling access to illegal content should not affect the fundamental rights and, the legitimate interests of users and consumers and technological innovation;
Amendment 695 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 1 a (new)
Annex I – part V – paragraph 1 – indent 1 a (new)
- a decision made by online intermediaries whether content uploaded by users is legal should be provisional, they should not be held liable for it as only a Member State authority and court could decide in the final instance what is illegal content;
Amendment 701 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, will not be punished if they failed to detect all illegal content, provided that they are applicable in a non- discriminatory manner ;
Amendment 713 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4
Annex I – part V – paragraph 1 – indent 4
- introduce new transparency and independent oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independent authorities.
Amendment 722 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – introductory part
Annex I – part V – paragraph 2 – introductory part
The Digital Services Act should establish a harmonised and legally enforceablecreate non-binding guidelines for notice-and- action mechanism based on a set of clear processes and precise timeframes for each step of the notice-and- action procedure. That notice-and-action mechanism should:
Amendment 724 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 1
Annex I – part V – paragraph 2 – indent 1
- apply only to illegal online content or behaviour;
Amendment 728 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 2
Annex I – part V – paragraph 2 – indent 2
- rank different types of providers, sectors and/or illegal content;
Amendment 752 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified contentcontent of the notice and reply to the notice provider and the content uploader with a reasoned decision;
Amendment 767 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – subheading 2 – indent 3
Annex I – part V – subheading 2 – indent 3
- All interested parties should have the right to contest the decision through a counter-notice and by having recourse to out-of-court dispute settlement mechanism; to this end, the rules of Article 17 of the E-Commerce Directive should be revised.
Amendment 781 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5
Annex I – part V – paragraph 3 – indent 5
- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making which influences the content moderation process.
Amendment 793 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
Amendment 804 #
2020/2018(INL)
Motion for a resolution
Annex I – part V – paragraph 6 a (new)
Annex I – part V – paragraph 6 a (new)
Voluntary measures A voluntary measures clause would encourage companies to engage in additional voluntary actions for content moderation, above what is required by law. The purpose would be to remove an assumption and a risk that if a company engages in a good faith in such voluntary actions, it automatically loses the safe harbour protection. In the current legislative environment, companies undertake such measures at their own risk, as they may incur liability for failing to act in relation to illegal content that they identify, even when they conclude in good faith that the content need not be removed. The risk of liability creates a perverse incentive for companies to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating and consequently possibly violating the freedom of speech or other fundamental rights. A voluntary measures clause would also ensure that where a platform or an information society service provider has voluntarily reviewed one or more pieces of content in respect of one or more types of unlawfulness (or for violations of its content policies, e.g., defamation), the provider is not deemed to have knowledge of the unlawfulness of other, unreviewed, pieces of content on its platform (copyright violations). Equally, the provision would ensure that where the information society service provider has voluntarily reviewed content in respect of one or more types of unlawfulness (or for violations of its content policies), the provider is not deemed to have knowledge of all of the other potential ways in which that same content might be unlawful.
Amendment 806 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 1
Annex I – part VI – paragraph 1
The Digital Services Act or conjoin non- legislative measures should propose specific rules for online market places for the online sale of products and services to consumers.
Amendment 809 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 1
Annex I – part VI – paragraph 2 – indent 1
Amendment 810 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3
Annex I – part VI – paragraph 2 – indent 3
- ensure that online marketplaces make it clear in which country the products or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;
Amendment 813 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove, in accordance with notification made by relevant authorities any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;
Amendment 823 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 houra reasonable time of receiving a notification from the relevant authorities;
Amendment 825 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hoursreasonable time;
Amendment 842 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
Amendment 844 #
2020/2018(INL)
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by somepositive incentives that could e-ncommerce retailers and the Commission to remove dangerous products from sale more rapidly under the voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatoryurage further companies to join the voluntary commitment scheme called “Product Safety Pledge”.
Amendment 848 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs while respecting the competition policy legislation and principles. The new framework should respect the fact that it is the abuse of dominant position which should be cautiously addressed not the dominant position itself.
Amendment 853 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 858 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair marketmarket failures caused by the behaviour byof “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 863 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers; in response to detailed findings by a regulatory authority, undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this prior to any order entering into force;
Amendment 865 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers yet authorities should bear the burden of proof for this; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 869 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
Amendment 874 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures, and to impose behavioural remedies in the first instance and if these are not satisfied within the time limit settled by authorities, subsequently proportionate fines on “systemic platforms” that fail to respect the different regulatory obligations imposed on them;
Amendment 881 #
2020/2018(INL)
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose highappropriate levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems, taking into account the trade-off between interoperability and the potential risks of data sharing for consumers. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Related detailed estimations of the financial burden on the EU or national budgets must be included in the impact assessment of the Digital Services Act package.
Amendment 894 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
Amendment 900 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
The central regulatory authorityCommission should prioritise cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to propose launching initiatives and investigations into cross-border systemic issues to NEBs. However, it should stay up to NEBs to decide on whether to launch the investigation or not.
Amendment 904 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
Amendment 914 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
Amendment 919 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 6
Annex I – part VIII – paragraph 6
Amendment 8 #
2020/1998(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the 2021 Union budget to make an ambitiousefficient contribution to the recovery of the Union economy in view of the COVID-19 outbreak; welcomes the proposal for a new recovery instrument, Next Generation EU; stresses that any assistance from Next Generation EU should be conditional on the implementation of the growth-enhancing structural reforms which are the backbone of the economic recovery;
Amendment 11 #
2020/1998(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the principle of value for money should represent the cornerstone of all EU funded investments; points out that EU funding should be accompanied by measurable objectives and outputs including a quantifiable and comparable evaluation mechanism that will allow to compare and rank the efficiency of individual EU programmes;
Amendment 14 #
2020/1998(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for budgetary rationalisation at all levels; underlines the importance of accountability and transparency for bodies that receive EU funding;
Amendment 20 #
2020/1998(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the 2021 Union budget to support the implementation of the Recovery and Resilience Facility which aims to address the challenges identified in the European Semester, in which the Sustainable Development Goals shall be integrated;
Amendment 37 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the European Green Deal; calls for adequate funding to allow challenges related to sustainable development to be met, including through the Sustainable Europe Investment Plan; recognises that public investments are limited as they represent scarce resources mostly funded by the taxpayers; underlines the need to prioritise the public investments according to their efficiency in order to support economic growth;
Amendment 50 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 470 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘Business user’ means any natural or legal person acting in a commercial or professional capacity using core platform services on the basis of contractual relationships with the provider of those services for the purpose of or in the course of providing goods or services to end users;
Amendment 476 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines, respectively, whateverirrespective of the technological means used for such presentation, organisation or communication;
Amendment 502 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongsit provides a core platform service that achieves an annual EEA turnover equal to or above EUR 6.58 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platformthis service in at least three Member States;
Amendment 524 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated wheneverin respect of other core platform services individually meet the thresholds in paragraph 2 point (b)no later than three months after those services individually meet the thresholds in paragraph 2. Where core platform services fall below those thresholds after being notified, the provider shall notify the Commission thereof within three months after those thresholds no longer apply.
Amendment 530 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Amendment 542 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 588 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted, in particular following any notification provided under Article 3(3).
Amendment 767 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(e a) allow business users to promote offers including under different conditions to end users acquired via the core platform service or through other channels, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not;
Amendment 770 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, where such interoperability does not present a disproportionate technical obstacle nor impedes legitimate product development, quality or functionality improvements, maintenance or improvement of system integrity or ensuring user safety or security;
Amendment 796 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 804 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
Amendment 842 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. In the implementation of these measures, the gatekeeper may take reasonable, proportionate and adequately justified steps to ensure service integrity, user security and core functionality of its core platform services. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 860 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 867 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three months from the opening of the proceedings to the gatekeeper. It shall, in addition, publish a concise summary of the draft measures the gatekeeper is expected to implement to ensure effective compliance with the obligations of this Regulation. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. The Commission shall invite all interested parties to submit their observations within a reasonable time limit, specified by the Commission in its publication. Publication shall have regard to the legitimate interest of undertakings in the protection of their commercial secrets
Amendment 912 #
2020/0374(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 1037 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 2418 months from the opening of the market investigation.
Amendment 1041 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 1187 #
2020/0374(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 1193 #
2020/0374(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules revision to the rules contained herein, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
Amendment 229 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and alsunderpin the general idea that what is illegal offline should also be illegal online. The concept should be defined broadly to covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 237 #
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 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. Furthermore, cloud services that have no active role in the dissemination, monetisation and organisation of the information to the public or end users, at their request, should not be considered as online platforms.
Amendment 246 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall 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. Concept of 'dissemination to the public' should not apply to cloud services, including business-to-business cloud services, with respect to which the service provider has no contractual rights concerning what content is stored or how it is processed or made publicly available by its customers or by the end-users of such customers, and where the service provider has no technical capability to remove specific content stored by their customers or the end-users of their services. Where a service provider offers several services, this Regulation should be applied only in respect of the services that fall within its scope. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 255 #
2020/0361(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The legal certainty provided by the horizontal framework of conditional exemptions from liability for providers of intermediary services, laid down in Directive 2000/31/EC, has allowed many novel services to emerge and scale-up across the internal market. That framework should therefore be preserved. However, in view of the divergences when transposing and applying the relevant rules at national level, and for reasons of clarity and coherence, that framework should be incorporated in this Regulation. It is also necessary to clarify certain elements of that framework, having regard to case law of the Court of Justice of the European Union, as well as technological and market developments.
Amendment 304 #
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 question. 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 necessary 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 or that ability originates from the regulatory or contractual provisions, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content. Consequently, providers of intermediary services should act on the specific illegal content only if they are in the best place to do so, and the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted.
Amendment 307 #
2020/0361(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, although they do not fall within the obligations under this Regulations, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
Amendment 314 #
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, imposing constant content identification from the entirety of available content. 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.
Amendment 378 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Nonetheless, the provider should have the possibility to reject a given notice if there is another entity with more granular control over the alleged content or the provider has no technical capability to act on a specific content. Therefore, the blocking orders should be considered as a last resort measure and applied only when all other options are exhausted. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
Amendment 452 #
2020/0361(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In view of the particular responsibilities and obligations of online platforms, they should be made subject to transparency reporting obligations, which apply in addition to the transparency reporting obligations applicable to all providers of intermediary services under this Regulation. For the purposes of determining whether online platforms may be very large online platforms that are subject to certain additional obligations under this Regulation, the transparency reporting obligations for online platforms should include certain obligations relating to the publication and communication of information on the average monthly active recipientend users of the service in the Union.
Amendment 468 #
2020/0361(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipientactive end users of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result.
Amendment 471 #
2020/0361(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses may have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipientactive end users exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. In the process of establishing the methodology to calculate the total number of active end users, the Commission should take due account of the different type of platforms and their operations, as well as the potential need for the end user to register, engage in transaction or content in order to be considered as an active end user. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.
Amendment 567 #
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, competition, electronic communications, 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 649 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'active end user' means an individual successfully accessing an online interface and having significant interaction with it, its product or service;
Amendment 689 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any specific information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services, which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
Amendment 698 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor andor a purely ancillary feature of another service or functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation.
Amendment 710 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means taking an active role in making information available, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
Amendment 748 #
2020/0361(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Where an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, or an improvement of the security of that transmission, the service provider shall not be liable for the information transmitted, on condition that the provider:
Amendment 805 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order via a secure communications channel to act against a specific or multiple items of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
Amendment 839 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(ca) the actor receiving the order has technical and operational ability to act against specific, notified illegal content and has direct control over it.
Amendment 847 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The Digital Services Coordinator of each Member State, on its own initiative and within 96 hours of receiving a copy of the order to act through the system developed in accordance with paragraph 4a of this Article, shall have the right to scrutinise the order to determine whether it infringes the respective Member State's law and deem it invalid on its own territory by adopting a reasoned decision.
Amendment 848 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. Where the Digital Services Coordinator adopts a reasoned decision in accordance with paragraph 3a, (a) the Digital Services Coordinator shall communicate that decision to the authority that issued that order and the concerned provider of the service, and, (b) after receiving a decision finding that the content was not in fact illegal, the concerned provider shall immediately reinstate the content or access thereto in the territory of the Member State of the Digital Services Coordinator who issued the decision.
Amendment 854 #
2020/0361(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The Commission shall adopt implementing acts, organising a European information exchange system, allowing for secure communication and authentication of authorised orders between relevant authorities, Digital Services Coordinators and providers, as referred to in Articles 8(1), 8a(1) and 9(1). Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70.
Amendment 856 #
2020/0361(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 861 #
2020/0361(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order via a secure communications channel to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
Amendment 916 #
2020/0361(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Providers of intermediary services shall notify identification data, including the name, postal address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is established. They shall ensure that that information is up to date. The Digital Service Coordinator in the Member State where that legal representative resides or is established shall, upon receiving that information, make reasonable efforts to assess its validity.
Amendment 934 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, plain, intelligible and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 980 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 986 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average and median time needed for taking the action;
Amendment 993 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average and median time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 1003 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC. Following an additional individual risk assessment, the Digital Services Coordinator of establishment may extend the exemption to selected medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 1011 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific templates of reports referred to in paragraph 1.
Amendment 1036 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. TNotices submitted under 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 operatoreviewer can identify 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 1044 #
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 exact URL or URLs, and, where necessary, and applicable additional information enabling the identification of the illegal content; which shall be appropriate to the type of content and to the specific type of intermediary;
Amendment 1056 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned where there is no doubt as to the illegality of the specific item of content. In case of uncertainty and after taking reasonable steps to assess the illegality of the specific item of content, withholding from removal of the content by the provider shall be perceived as acting in good faith and shall not lead to waiving the liability exemption provided for in Article 5.
Amendment 1164 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) any other decisions that affect the availability, visibility or accessibility of that content or the account of the recipient's access to significant features of the platform's regular services.
Amendment 1254 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Member States shall establish a mechanism enabling the recipients of the service to contest decisions of out-of-court dispute settlement bodies before a national judicial authority or an administrative authority relevant for resolving disputes related to particular content.
Amendment 1270 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence that could be exercised in one or more Member States for the purposes of detecting, identifying and notifying specific types of illegal content;
Amendment 1298 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. Notices referred to in paragraph 1 of this Article shall be proceeded with priority with respect to the geographical scope of the trusted flagger, according to awarding of the status by Member States.
Amendment 1330 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shallProviders of hosting services may 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 1475 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every six months, information on the average monthly active recipientend users of the service in each Member State, calculated as an average over the period of the past six months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1533 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide for at least four consecutive months their services to a number of average monthly active recipientend users of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
Amendment 1535 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific methodology for calculating the number of average monthly active recipientend users of the service in the Union, for the purposes of paragraph 1. The methodology shall specify, in particular, how to determine the Union’s population and criteria to determine the average monthly active recipientend users of the service in the Union, taking into account different accessibility features.
Amendment 1538 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 1
Article 25 – paragraph 4 – subparagraph 1
The Digital Services Coordinator of establishment shall verify, at least every six months, whether the number of average monthly active recipientend users of the service in the Union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. On the basis of that verification, it shall adopt a decision designating the online platform as a very large online platform for the purposes of this Regulation, or terminating that designation, and communicate that decision, without undue delay, to the online platform concerned and to the Commission.
Amendment 1539 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. After receiving the decision about the designation as a very large online platform, the online platform may appeal this decision before the Digital Services Coordinator issuing the designation within 60 days. The Digital Services Coordinator may consult the Board. The Digital Services Coordinator shall especially consider the following information while assessing the appeal: (a) the type of content usually shared and the type of the active end user on a given online platform; (b) the exposure to the illegal content as reported under Article 23 and measures taken to mitigate the risks by the online platform; and (c) the exposure to the systemic risks as referred to in Article 26. The Digital Services Coordinator shall decide on the appeal within 60 days. The Digital Services Coordinator may repeatedly initiate this procedure when deemed necessary, after accepting the appeal.
Amendment 1542 #
2020/0361(COD)
Proposal for a regulation
Article 25 – paragraph 4 c (new)
Article 25 – paragraph 4 c (new)
4c. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down specific methodology for the purpose of paragraph 4a and 4b.
Amendment 1693 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in or any otheir systerms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used used to determine the order of presentation of content, including their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameose which decrease the visibility of content, shall set out in their terms that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in these systems.
Amendment 1696 #
2020/0361(COD)
Proposal for a regulation
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
1a. The main parameters referred to in paragraph 1 of this Article shall include, at least the following elements: (a) the main criteria used by the relevant recommender system; (b) how these criteria are prioritised; (c) the optimisation goal of the relevant recommender system; and (d) an explanation of the role that the behaviour of the recipients of the service plays in how the relevant recommender system functions.
Amendment 1849 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission and the Board shall encouragehave the right to request and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
Amendment 1855 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inviteshall request the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1970 #
2020/0361(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Pursuant to paragraph 1 of this Article, the Digital Services Coordinator of establishment, in cases concerning a complaint transmitted by the Digital Services Coordinator of the Member State where the recipient resides or is established, shall assess the matter in a timely manner and shall inform the Digital Services Coordinator of the Member State where the recipient resides or is established, on how the complaint has been handled.
Amendment 1976 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) the number and subject matter of orders to act against illegal content and orders to provide information, including at least information on the name of the issuing authority, the name of the provider and the type of action specified in the order, issued in accordance with Articles 8, 8a and 9 by any national judicial or administrative authority of the Member State of the Digital Services Coordinator concerned;
Amendment 1981 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. Based on the information published by Digital Services Coordinators, the Commission shall submit to the European Parliament and to the Council a dedicated biennial report analysing the aggregated data on orders referred to in Articles 8, 8a and 9 and issued by the Digital Services Coordinators, with a special attention being paid to potential abusive use of these Articles. The report shall provide a comprehensive overview of the orders to act against illegal content and it shall provide, for a specific period of time, the possibility to assess the activities of Digital Services Coordinators.
Amendment 1982 #
2020/0361(COD)
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3a. The Commission shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 4 of Regulation (EU) No 182/2011.
Amendment 1988 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 1 a (new)
Article 45 – paragraph 1 a (new)
1a. A request or recommendation pursuant to paragraph 1 of this Article shall not preclude the possibility of Digital Services Coordinator of the Member State where the recipient of the service resides or is established, to be able to carry out its own investigation concerning a suspected infringement of this Regulation by a provider of an intermediary service.
Amendment 1994 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 2 a (new)
Article 45 – paragraph 2 a (new)
2a. A recommendation pursuant to paragraphs 1 and 2 of this Article may additionally indicate: (a) an opinion on matters that involve taking into account national law and socio-cultural context; and (b) a draft decision based on investigation pursuant to paragraph 1a of this Article.
Amendment 2011 #
2020/0361(COD)
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. This information shall be also transmitted to the Digital Services Coordinator or the Board that initiated the proceedings pursuant to paragraph 1.
Amendment 2072 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure, following the consent of and inform the Commission thereof.
Amendment 2086 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) advise the Commission to take the measures referred to in Article 51 and, where requested by the Commission, adopt opinions on draft Commission measuradopt opinions on issues concerning very large online platforms in accordance with this Regulation;
Amendment 2090 #
2020/0361(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(ea) issue opinions, recommendations or advice on matters related to Article 34.
Amendment 2281 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 13, 23, 25, and 31 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
Amendment 2283 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 13, 23, 25 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2286 #
2020/0361(COD)
Proposal for a regulation
Article 69 – paragraph 5
Article 69 – paragraph 5
5. A delegated act adopted pursuant to Articles 13, 23, 25 and 31 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of threefour months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 2295 #
2020/0361(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. It shall apply from [date - thrsixteen months after its entry into force].
Amendment 110 #
2020/0353(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal24 is Europe’s growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. A shift from the use of fossil fuels in vehicles to electromobility ismight be one of the prerequisites for reaching the climate neutrality goal in 2050. In order for the Union’s product policies to contribute to lowering carbon emissions on a global level, it needs to be ensured that products marketed and sold in the Union are sourced and manufactured in a sustainable manner. _________________ 24Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal (COM (2019) 640 final).
Amendment 112 #
2020/0353(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Batteries are thus an important sourcecarrier of energy and one of the key enablers for sustainable development, green mobility, clean energy and climate neutrality. It is expected that the demand for batteries will grow rapidly in the coming years, notably for electric road transport vehicles using batteries for traction, making this market an increasingly strategic one at the global level. Significant scientific and technical progress in the field of battery technology will continue. In view of the strategic importance of batteries, and to provide legal certainty to all operators involved and to avoid discrimination, barriers to trade and distortions on the market for batteries while taking into consideration new regulatory burden, it is necessary to set out rules on sustainability parameters, performance, safety, collection, recycling and second life of batteries as well as on information about batteries. It is necessary to create a harmonised regulatory framework for dealing with the entire life cycle of batteries that are placed on the market in the Union.
Amendment 113 #
2020/0353(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The new Circular Economy Action Plan adopted on 11 March 202028 states that the proposal for a new regulatory framework for batteries will consider rules on recycled content and measures to improve the collection and recycling rates of all batteries, in order to ensure the recovery of valuable materials and to provide guidance to consumers and will address the possible phasing out of non- rechargeable batteries where alternatives exist in view of minimising their environmental impact. Furthermore, it is stated that sustainability and transparency requirements will be considered, taking into account the carbon footprint of battery manufacturing, the ethical sourcing of raw materials and the security of supply in order to facilitate reuse, prepurposing and recycling of batteries. _________________ 28Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020)98 final)aring for reuse and recycling of batteries.
Amendment 115 #
2020/0353(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Addressing the entire life cycle of all batteries placed on the Union market requires the setting up of harmonised product and marketing requirements, including conformity assessment procedures, as well as requirements to fully address the end-of-life stage of batteries. Requirements concerning the end-of-life stage are necessary to address the environmental implications of the batteries and, in particular, to support the creation of recycling markets for batteries and markets for secondary raw materials from batteries in order to close the materials loops. In order to reach the envisaged objectives to address the whole life cycle of a battery in one legal instrument while avoiding barriers to trade and a distortion of competition and safeguarding the integrity of the internal market, the rules setting out the requirements for batteries should be of uniform application for all operators across the Union, and not give room for divergent implementation by Member States. Directive 2006/66/EC should therefore be replaced by a Regulation.
Amendment 116 #
2020/0353(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should apply to all types of batteries and accumulatorportable batteries, light means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries including stationary storage batteries placed on the market or put into service within the Union, whether on their own or incorporated into appliances or otherwise supplied with electrical and electronic appliances and vehicles. This Regulation should apply regardless of whether athese battery isies are specifically designed for a product or isare of general use and regardless of whether it isthey are incorporated into a product or is supplied together with or separately from a product in which it isthey were to be used.
Amendment 117 #
2020/0353(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Batteries should be designed and manufactured so as to optimise their performance, durability and safety and to minimise their environmental footprint. It is appropriate to lay down specific sustainability requirements for rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage with a capacitnominal energy above 2 kWh as such batteries represent the market segment which is expected to increase most in the coming years.
Amendment 118 #
2020/0353(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Certain substances contained in batteries, such as cobalt, lead, lithium or nickel, are acquired from scarce resources which are not easily available in the Union, and some are considered critical raw materials by the Commission. This is an area where Europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. Enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials, will contribute to reaching that goal.
Amendment 122 #
2020/0353(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrialstationary storage batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of stationary batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.
Amendment 125 #
2020/0353(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to reduce the life cycle environmental impact batteries, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the performance and durability parameters and establishing minimum values for those parameters for portable batteries of general use and for rechargeable industrialstationary storage batteries.
Amendment 127 #
2020/0353(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Some non-rechargeable batteries of general use may imply an inefficient use of resources and energy. Objective requirements regarding the performance and durability of suchportable batteries of general use should be established in order to ensure that fewer low performing non-rechargeable portable batteries of general use are placed on the market, in particular, where, based on a life cycle assessment, the alternative use of rechargeable batteries would result in overall environmental benefits.
Amendment 133 #
2020/0353(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should be labelled with allexclusively the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances as some batteries and its packaging contain limited space to provide all information. Increasing the battery packaging size to include extensive number of information could lead to higher packaging waste. To ensure the availability of information over time, that information should also be made available by means of QR codes.
Amendment 137 #
2020/0353(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Information about the performance of batteries is essential to ensure that end- users as consumers are well and timely informed and in particular that they have a common basis to compare different batteries before making their purchase. Therefore, portable batteries of general use and automotive batteries should be marked with a label containing the information on their minimum average duration when used in specific applicationscapacity when used in specific applications. The information on the minimum average duration of non- rechargeable portable batteries of general use shall be in line with the relevant IEC standard and be made available via a QR label. Additionally, it is important to guide the end-user to discard waste batteries in an appropriate way.
Amendment 144 #
2020/0353(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Rechargeable industrialStationary storage batteries and electric-vehicle batteries with internal storage with a capacitnominal energy above 2 kWh should contain a battery management system that stores data so that the state of health and expected lifetime of batteries may be determined at any time by the end- user or any other third party acting on his behalf. In order to prepurpoare for reuse or remanufacture a battery, access to the battery management system should be provided to the person that has purchased the battery or any third party acting on its behalf at any time for evaluating the residual value of the battery, facilitating the reuse, prepurposingaring for reuse or remanufacturing of the battery and for making the battery available to independent aggregators, as defined in Directive (EU) 201/944 of the European Parliament and of the Council34 , which operate virtual power plants in electricity grids. This requirement should apply in addition to Union law on type of approval of vehicles, including technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment on data access in electric vehicles. _________________ 34Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125)
Amendment 146 #
2020/0353(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A number of product-specific requirements under this Regulation, including on performance, durability, prepurposingaring for reuse and safety, should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methodologies. In order to ensure that there are no barriers to trade on the internal market, standards should be harmonised at Union level. Such methods and standards should, to the extent possible, take into account the real-life usage of batteries, reflect the average range of consumer behaviour and be robust in order to deter intentional and unintentional circumvention. Once a reference to such a standard has been adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council35 and published in the Official Journal of the European Union, presumption of conformity shall be established with those product-specific requirements adopted on the basis of this Regulation, provided that the outcome of such methods demonstrate that the minimum values established for those substantive requirements are attained. In the absence of published standards at the time of the application of product-specific requirements, the Commission should adopt common specifications through implementing acts and the compliance with such specifications should also give rise to the presumption of conformity. This should not be, in any case, be considered as an alternative or parallel system to the standardisation system, but the last resort in the case of missing common specification. In cases where the common specifications are, at a later stage, found to have shortcomings, the Commission should by implementing act amend or repeal the common specifications in question. _________________ 35 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12)
Amendment 163 #
2020/0353(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The manufacturer should provide sufficiently detailed information on the intended use of the battery so as to allow its correct and safe placing on the market, putting into service, use and end-of-life management, including possible prepurposingaring for reuse.
Amendment 191 #
2020/0353(COD)
Proposal for a regulation
Recital 93
Recital 93
(93) In order to enhance transparency along supply and value chains for all stakeholders, it is necessary to provide for an electronic system that maximises the exchange of information, enabling tracking and tracing of batteries, provides information about the carbon intensity of their manufacturing processes as well as the origin of the materials used, their composition, including raw materials and hazardous chemicals, repair, prepurposingaring for reuse and dismantling operations and possibilities, and the treatment, recycling and recovery processes to which the battery could be subject to at the end of their life. That electronic system should be established in phases with a prototype system being made available to the concerned economic operators and Member States authorities at least a year in advance of the finalisation of the implementing measures defining the final features and the data access policy of the system to enable their input and timely compliance. Such data access policy should take into account the relevant principles established in EU legislation, including the Commission’s proposal for a Regulation of the European Parliament and of the Council on European data governance (Data Governance Act).61 In order to ensure uniform conditions for the implementation of the electronic exchange system for battery information, implementing powers should be conferred on the Commission. _________________ 61https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:52020 PC0767&from=DA
Amendment 200 #
2020/0353(COD)
Proposal for a regulation
Recital 109
Recital 109
(109) In order to allow Member States to adapt the register of producers set up under Directive 2006/66/EC and to take the necessary administrative measures regarding the organisation of the authorisation procedures by the competent authorities, while keeping continuity for economic operators, Directive 2006/66/EC should be repealed as of 1 July 2023. Obligations under that Directive related to monitoring and reporting the collection rate of portable batteries and the recycling efficiencies of recycling processes shall remain in force until 31 December 20235, and the related obligations for the transmission of data to the Commission shall remain in force until 31 December 20257, in order to ensure continuity until new calculation rules and reporting formats are adopted by the Commission under this Regulation.
Amendment 203 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to all portable batteries, namely portablelight means of transport batteries, automotive batteries, electric vehicle batteries and industrial batteries including stationary storage batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
Amendment 206 #
2020/0353(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. 4.With the exclusion of Chapter VII, this regulation shall not apply to industrial batteries designed before the entry into force of this Regulation: a) Placed on the market to be incorporated in safety-sensitive applications designed before the entry into force of the Regulation; b) or to be used as spare parts for equipment designed before the entry into force of the Regulation.
Amendment 210 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
Amendment 212 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘prepurposingaring for reuse’ means any operation carried out by an authorised facility that results in parts or the complete battery being used for a different purpose or application than the one that the battery was originally designed for;.
Amendment 219 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrialstationary storage batteries battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
Amendment 221 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 40
Article 2 – paragraph 1 – point 40
(40) ‘reuse’ means the complete or partial direct re-use of the battery for the original purpose the battery was designed for of a battery’ means any operation by which a battery, which is not waste, is used again for the original purpose;
Amendment 223 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 56 a (new)
Article 2 – paragraph 1 – point 56 a (new)
(56 a) ‘remanufacturing’ means any treatment that involves dismantling a product, restoring and replacing components, and testing the individual parts and the whole product to its original design specifications, with the performance after remanufacture expected to be the same or better than the original performance specification (‘like new’);
Amendment 224 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 56 b (new)
Article 2 – paragraph 1 – point 56 b (new)
Amendment 227 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. By 31 December 2025 and by 31 December 2030, the Commission shall publish the assessments of currently available recycling technologies and a prognosis of end-of-life batteries available for recycling and the average amount of cobalt, lead, lithium or nickel recovered from batteries per year.
Amendment 228 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2 b. The Commission shall, by 31 December 2028 and by 31 December 2032, adopt the delegated acts in accordance with Article 73, defining the specific targets for the minimum share of cobalt, lead, lithium and nickel recovered from waste, based on the assessments referred to in previous subparagraph.
Amendment 229 #
2020/0353(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 233 #
2020/0353(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. From 1 January 202724 months after the entry into force of the delegated act referred to in the paragraph 2, portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
Amendment 243 #
2020/0353(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 244 #
2020/0353(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Performance and durability requirements for rechargeable industrialstationary storage batteries and electric vehicle batteries
Amendment 247 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. From [124 months after entry into force of the Regulation], rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacitnominal energy above 2 kWh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in Part A of Annex IV.
Amendment 249 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The technical documentation of stationary storage batteries with internal storage and a nominal energy above 2 kWh referred to in the first subparagraph shall also contain an explanation of the technical specifications, standards and conditions used to measure, calculate or estimate the values for the electrochemical performance and durability parameters. That explanation shall, if applicable, include, at least, the elements laid down in Part B of Annex IV.
Amendment 251 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters laid down in Annex IV in view of technical, scientific progress and, for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, to align them with the Global Technical Regulations of The United Nations on in vehicle battery durability (UNECE GTRs).
Amendment 253 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1 b. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 255 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. From 1 January 2026, rechargeable industrial batteries with internal storage and a capacity above 2 kWh24 months after the entry into force of the delegated act referred to in the paragraph 3, stationary storage batteries shall meet the minimum values laid down in the delegated act adopted by the Commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in Part A of Annex IV.
Amendment 257 #
2020/0353(COD)
Proposal for a regulation
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. By 31 December 2024, the Commission shall adopmay adopt once sufficient market knowledge has been acquired and once proper assessment is carried out including the assessment of the impact on the objectives of the Regulation to decrease the carbon footprint a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Part A of Annex IV that rechargeable industrial batteries with internal storage and capacity above 2 kWhstationary storage batteries shall attain.
Amendment 264 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. PBy 1 January 2026, portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance. The Commission shall adopt guidance for establishing expected lifetime.
Amendment 267 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar batterybattery that conforms to the original specifications, without affecting the functioning or the performance of that appliance.
Amendment 269 #
2020/0353(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Notes that extraction of raw materials often takes place in insecure and politically unstable countries. Highlights, that this is especially the case with cobalt, of which around 70% of the current global production derives from Congo-Kinshasa, where working conditions are extremely poor. Emphasises therefore, that efforts within the EU to reduce CO2 emissions must not be connected with child labour, slave labour or unacceptable environmental pollution, nor contribute to financing armed conflicts.
Amendment 274 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 274 #
2020/0353(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the targets, by lowering them, for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries to limits that are technically and economically feasible.
Amendment 281 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall adopt Not later than 1 July 2025, the Commission shall adopt guidance for establishing expected lifetime set out in paragraph 1 as well as guidance to facilitate harmonised application of the derogations set out in paragraph 2.
Amendment 287 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 5 – point a
Article 13 – paragraph 5 – point a
(a) from 1 January 2027, for all[24 months after the entry into force of the delegated act establishing harmonised specifications for the labelling requirements adopted referred to in paragraph 7], for batteries the information referred to in paragraph 1;
Amendment 288 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 5 – point b
Article 13 – paragraph 5 – point b
(b) from 1 January 2027[24 months after the entry into force of the delegated act establishing harmonised specifications for the labelling requirements adopted referred to in paragraph 7], for portable and automotive batteries the information referred to in paragraph 2;
Amendment 289 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 5 – point f
Article 13 – paragraph 5 – point f
(f) from 1 July 2024[36 months after the entry into force of the delegated act establishing the methodology to calculate the total carbon footprint referred to in Article 7(1)], for electric vehicle batteries and for rechargeable industrialstationary storage batteries with internal storage and a capacitnominal energy above 2 kWh the carbon footprint declaration referred to in Article 7(1);
Amendment 290 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 5 – point g
Article 13 – paragraph 5 – point g
(g) from 1 January 2026,[36 months after the entry into force of the delegated act establishing the carbon footprint performance classes] for electric vehicle batteries and for rechargeable industrialstationary storage batteries with internal storage and a capacitnominal energy above 2 kWh the carbon footprint performance class referred to in Article 7(2);
Amendment 294 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visiblye, legiblye and indeliblye on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging and to the documents accompanying the battery. In case of second life or repurposing of the battery, any such label shall be replaced with a new label reflecting its second use status.
Amendment 295 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicleStationary storage lithium and sodium batteries with internal storage and a capacitnominal energy above 2 kWh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII. Producers of electric vehicle batteries with a nominal energy above 2 kWh shall make data available at the end of the first vehicle lifecycle through reasonable means on the parameters for determining the state of health and expected lifetime of batteries, as laid down in the technical specifications of the UNECE GTR once applicable in EU law (State of Certified Range, State of Certified Energy).
Amendment 300 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Access to the read only data in the battery management system referred to in paragraph 1 shall be provided on a non- discriminatory basiwith due regard for business confidentiality and other competitive concerns to the legal or natural person who has legally purchased the battery or any third party acting on their behalf at any time for the purpose of:
Amendment 302 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) facilitating the reuse, prepurposingaring for reuse or remanufacturing of the battery;
Amendment 304 #
2020/0353(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to provide end users with transparent, reliable and clear information about batteries and their main characteristics, and waste batteries, to enable the end users to make informed decisions when buying and discarding batteries and to enable waste operators to appropriately treat waste batteries, batteries should be labelled. Batteries should only be labelled with all the necessary information concerning their main characteristics, including their capacity and content of certain hazardous substances. To ensure the availability of information over time, that, given that, in the case of some batteries and their packaging, there is inadequate space to provide all information. Providing information should not lead to the size of the package being increased, and thus resources being wasted. More extensive information should also be made available by means ofvia QR codes.
Amendment 305 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 306 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 73 to determine the state of health and expected lifetime of batteries for the electric vehicle batteries with internal storage and nominal energy above 2 kWh, in line with the UNECE GTR on Electric Vehicles and the Environment. In preparing the delegated act referred to in the second subparagraph, the Commission shall ensure that no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
Amendment 309 #
2020/0353(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Batteries which are tested following harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements referred to in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by such harmonised standards or parts thereof.
Amendment 310 #
2020/0353(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. By 01 January 2026, the Commission shall adopt delegated acts in order to determine the exceptions from the Article 15(2) for the destructive tests and its parameters for batteries where such tests have unproportioned costs, especially for manufacturers of small series of models. 3. Batteries which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Article 12 to the extent that those requirements are covered by such harmonised standards or parts thereof.
Amendment 311 #
2020/0353(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. For portable batteries, the conformity assessment procedure will apply to the portable batteries of general use as defined in art. 2(8) of this Regulation.
Amendment 315 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission, after consulting recognised European standards organisations, shall be empowered to adopt implementing acts laying down common specifications for the requirements set out in Articles 9, 10, 12, 13, 59(5)(a) or tests referred to in Article 15(2), where:
Amendment 319 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the Commission observes undue delays in the adoption of requested harmonised standards, or considers that relevant harmonised standards are not sufficient; or
Amendment 321 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 326 #
2020/0353(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Batteries which are tested following common specifications or parts thereof shall be presumed to be in conformity with the requirements set out in Articles 9, 10, 13 and 59(5)(a) to the extent that those requirements are covered by those common specifications or parts thereof, and, if applicable, to the extent that the minimum values established for those requirements are attained.
Amendment 330 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Before a new battery model is placed on the market or put it into service, the manufacturer or its authorised representative shall ensure that an assessment of the product’s conformity with the requirements of Chapters II and III of this Regulation is carried out.
Amendment 331 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. A portable battery model is to be considered a new model when the battery specification changes by more than 0,1g or 20% mass, whichever is greater, for the cathode, anode or electrolyte.
Amendment 332 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1 b. Other than portable battery type model shall be considered a new model when the change is substantial and there is a potential risk of the change in the battery performance or characteristics related to the requirements of Chapters II and III of this Regulation.
Amendment 333 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. C24months after publication by the Commission of the list of notified bodies as provided in Article 30, conformity assessment of batteries with the requirements set out in Articles 6, 9, 10, 11, 12, 13 and 14 shall be carried out in accordance with the procedure set out in Part A of Annex VIII.
Amendment 335 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Conformity assessment of batteries with requirements set out in Articles 7, 8 and 39 shall be carried out in accordance with the procedure set out in Part B of Annex VIII, if applicable.
Amendment 337 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend Annex VIII by introducing additional verification steps in the conformity assessment modules or by replacing those modules by other modules set out in Decision No 768/2008/EC, if necessary after adapting them to the specific requirements for batteries.
Amendment 339 #
2020/0353(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Records and correspondence relating to the conformity assessment of batteries shall be drawn up in an official language of the Member State where the notified body carrying out the conformity assessment procedures referred to in paragraphs 1 and 2 is established, or in a language accepted by that body.
Amendment 341 #
2020/0353(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annex VIII and shall be continuously updatedupdated if significant changes to the battery are made. It shall be translated into the language or languages required by the Member State in which the battery is placed on the market or put into service and have, preferably, electronic form.
Amendment 343 #
2020/0353(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 346 #
2020/0353(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The CE marking shall be followed by the identification number of the notified body that has carried out the conformity assessmentif required under Annex VIII, part B. That identification number shall be affixed by the notified body itself or, under its instructions, by the manufacturer or by the manufacturer’s authorised representative.
Amendment 348 #
2020/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5 a. This provision shall apply for 24 months, after the Commission has published the list of notified bodies as provided in Article 30.
Amendment 350 #
2020/0353(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 257.
Amendment 351 #
2020/0353(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 352 #
2020/0353(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs. A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.
Amendment 353 #
2020/0353(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. A notifying authority shall safeguard the confidentiality of the information it obtains. However, it shallmay, upon request and proper consideration, exchange information on notified bodies with the Commission as well as with notifying authorities of other Member States and other relevant national authorities.
Amendment 356 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, importer, distributor, purchaser, owner, user or maintainer of the batteries which they assess, nor the authorised representative of any of those parties. This shall not preclude the use of batteries that are necessary for the operations of the conformity assessment body or the use of batteries for personal purposes.
Amendment 359 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 6 – introductory part
Article 25 – paragraph 6 – introductory part
6. A conformity assessment body shall be capable of carrying out all the conformity assessment activitietasks mentioned in Annex VIII and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
Amendment 362 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1 – point a
Article 25 – paragraph 6 – subparagraph 1 – point a
(a) in-house personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activitietasks;
Amendment 364 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1 – point c
Article 25 – paragraph 6 – subparagraph 1 – point c
(c) appropriate policies and procedures to distinguish between activities that it carries out as a notified body and other activitietasks;
Amendment 371 #
2020/0353(COD)
Proposal for a regulation
Article 25 – paragraph 11
Article 25 – paragraph 11
11. A conformity assessment body shall participate in, or ensure that its personnel responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activitietasks of the notified body coordination group established pursuant to Article 37 and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.
Amendment 373 #
2020/0353(COD)
3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client. The establishment and the supervision of internal procedures, general policies, codes of conduct or other internal rules, the assignment of personnel to specific tasks and the decision on certification, which may not be delegated to a subcontractor or a subsidiary.
Amendment 374 #
2020/0353(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The application for notification shall be accompanied by a description of the conformity assessment activities, of the conformity assessment module or modules set out in Annex VIII and of the battery model for which the conformity assessment body claims to be competent, as well asnd if applicable by an accreditation certificate, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 25.
Amendment 375 #
2020/0353(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The conformity assessment body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of the notification where it includes an accreditation certificate referred to in Article 28(2) or within two months of the notification where it includes documentary evidence referred to in Article 28(3)paragraph 4.
Amendment 376 #
2020/0353(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall adopt an implementing act requestiring the notifying authority to take the necessary corrective action, including withdrawal of the notification if necessary. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article74(2).
Amendment 379 #
2020/0353(COD)
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
2. A notified body shall percarry out conform itsy activitiessessments in a proportionate manner, avoiding unnecessary burdens for economic operators, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
Amendment 380 #
2020/0353(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where a notified body finds that the requirements set out in Chapters II andor III , harmonised standards referred to in Article 15, common specifications referred to in Article 16 or other technical specifications have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective action in view of a second and final certification decision, unless the deficiencies cannot be remedied, in which case the certificate cannot be issuedmeasures and shall not issue a conformity certificate.
Amendment 382 #
2020/0353(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Where, in the course of the monitoring of conformity following the issue of a certificate of conformity or the adoption of an approval decision, a notified body finds that a battery no longer complies, it shall require the manufacturer to take appropriate corrective actionmeasure and shall suspend or withdraw the certificate of conformity or the approval decision, if necessary.
Amendment 383 #
2020/0353(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where corrective actionmeasure is not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates of conformity or approval decisions, as appropriate.
Amendment 384 #
2020/0353(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. A notified body shall provide other bodies notified bodiesunder this Regulation carrying out similar conformity assessment activities covering the same batteries with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Amendment 387 #
2020/0353(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Commission shall ensure that appropriate coordination and cooperation between bodies notified bodiesunder this Regulation are put in place and properly operated in the form of a sectoral group or groups of notified bodies.
Amendment 388 #
2020/0353(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. When placing a new battery model on the market or putting it into service, including for the manufacturers’ own purposes, manufacturers shall ensure that the battery:
Amendment 389 #
2020/0353(COD)
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Manufacturers shall ensure that an EU declaration of conformity is drawn up in accordance with Article 18 in a language which can be easily understood by consumers and other end-users for each battery that they placeHowever, where several batteries are delivered simultaneously to a single user, the batch or consignment concerned may be accompanied by a single copy onf the market or put into serviceEU declaration of conformity.
Amendment 390 #
2020/0353(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. Manufacturers shall ensure that procedures are in place for a battery that is part of a series production to remain in conformity with this Regulation. Changes in the production process or in battery design or characteristics and changes in the harmonised standards referred to in article 15, common specifications referred to in Article 16 or other technical specifications by reference to which the conformity of the battery is declared or by application of which its conformity is verified shall trigger a re-examination of the conformity assessmbe adequately takent into accordance with the relevant conformity assessment procedure referred to in paragraphs 2 and 3 of Article 17unt.
Amendment 391 #
2020/0353(COD)
Proposal for a regulation
Article 38 – paragraph 7
Article 38 – paragraph 7
Amendment 397 #
2020/0353(COD)
Proposal for a regulation
Article 39 – title
Article 39 – title
39 Obligation for economic operators that place rechargeable industrialstationary storage batteries and electric-vehicle batteries with internal storage and a capacitnominal energy above 2 kWh on the market to establish supply chain due diligence policies
Amendment 403 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation]1 July 2027 the economic operator that places rechargeable industrialstationary storage batteries and electric-vehicle batteries with internal storage and a capacitnominal energy above 2 kWh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 417 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iii
Article 39 – paragraph 2 – point d – paragraph 1 – point iii
(iii) country of origin of the raw material and the market transactions from the raw material’s extraction to the immediate supplier to the economic operator;
Amendment 418 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 1 – point iv
Article 39 – paragraph 2 – point d – paragraph 1 – point iv
(iv) quantities of the raw material present in the battery models placed on the market, expressed in percentage or weight.
Amendment 421 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 2 – point d – paragraph 2
Article 39 – paragraph 2 – point d – paragraph 2
The requirements set out in the current point (dArticle 39(2) may be implemented through participation in industry-led schemes.
Amendment 441 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 6 – introductory part
Article 39 – paragraph 6 – introductory part
6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence policies with due regard for business confidentiality and other competitive concerns.
Amendment 442 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 6 – subparagraph 1
Article 39 – paragraph 6 – subparagraph 1
The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its supply chain due diligence policies. That report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concernin accordance with the Non-Financial Reporting Directive 2014/95/EU (or respectively the upcoming Corporate Sustainability Reporting Directive), on its supply chain due diligence policies.
Amendment 443 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. TBy 1 January 2026, the Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3.
Amendment 448 #
2020/0353(COD)
Proposal for a regulation
Article 39 – paragraph 8 – point b a (new)
Article 39 – paragraph 8 – point b a (new)
(b a) specify conditions to recognise international tools or industry schemes that would allow to grant presumption of conformity with provisions under Article 39, pursuant to article 72(2).
Amendment 449 #
2020/0353(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The designation shall constitute the authorised representative's mandate, it shall be valid only when accepted in writing by the authorised representative and shall be effective at least for all batteries of the same battery model.
Amendment 450 #
2020/0353(COD)
Proposal for a regulation
Article 40 – paragraph 4 – point b
Article 40 – paragraph 4 – point b
(b) keep the EU declaration of conformity and the updated technical documentation at the disposal of market surveillance authorities for 10 years after the battery has been placed on the market;
Amendment 451 #
2020/0353(COD)
Proposal for a regulation
Article 40 – paragraph 4 – point c
Article 40 – paragraph 4 – point c
(c) further to a reasoned request from a national authority, provide that authority with all the information and technical documentation necessary to demonstrate the conformity of the battery. The technical documentation shall be provided in either paper or electronic format;
Amendment 452 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 2 – introductory part
Article 41 – paragraph 2 – introductory part
2. Before placing a battery on the market or putting it into service, importers shall a) verify that the relevantEU declaration of conformity and technical documentation referred to in Annex VIII have been drawn up and that an appropriate conformity assessment procedure referred to in Article 17 has been carried out by the manufacturer. They shallb) verify that the manufacturer has drawn up the technical documentation referred to in Annex VIII, that the battery bears the CE marking referred to in Article 19 and the QR code referred to in Article 13(5), is accompanied by the required documentsbattery bears the CE marking referred to in Article 19 is accompanied by the required documents in a language which can be easily understood by end-users, as set by the Member State, and that the manufacturer has complied with the obligations set out in paragraphs 7, 8 and 9 of Article 38.
Amendment 454 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
Amendment 455 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. When deemed appropriate with regard toDepending on the risks presented by a battery, importernotified bodies shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, of non-conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.
Amendment 456 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. Importers who consider or have reason to believe that a battery, which they have placed on the market or put into service, is not in conformity with the requirements set out in Chapters II and III, shall immediately take the corrective action necessary to bring that battery into conformity, to withdraw it or recall it, as appropriate. Furthermore, where importers are aware of the fact that the battery presents a risk, importersthey shall immediately inform the national authority of the Member State in which they made the battery available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective action taken.
Amendment 457 #
2020/0353(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point b
Article 42 – paragraph 2 – point b
(b) the battery bears the CE marking referred to in Article 19,
Amendment 458 #
2020/0353(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d
Article 42 – paragraph 2 – point d
(d) the manufacturer and the importer have complied with the requirements set out in paragraphs 7, 9 and 10 of Article 38 and Article 41(3) and (4) respectively.
Amendment 460 #
2020/0353(COD)
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. Distributors shall, further to a reasoned request from a national authority provide that authority with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate the risks posed by batteries that they have made available on the market.
Amendment 462 #
2020/0353(COD)
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and that importer or distributor shall be subject to the obligations of the manufacturer under Article 4038, where
Amendment 463 #
2020/0353(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) a battery is placed on the market or put into service under that importer’s or distributor’s own name or trademark; or
Amendment 464 #
2020/0353(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) a battery already placed on the market or put into service is modified by that importer or distributor in such a way that compliance with the requirements of this Regulation may be affected; or
Amendment 465 #
2020/0353(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) the identity of any economic operator to which they have supplied a battery, as well as the quantity and exact models.
Amendment 466 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
1. Producers or, where appointed in accordance with Article 47(2), producer responsibility organisations acting on their behalf shall make available to end users and distributors the following information regarding the prevention and management of waste batteries with respect to the types of batteries that the producers supply within the territory of a Member State:
Amendment 468 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
(b) the role of end users in contributing to the separate collection of waste batteries in accordance with their obligations under Article 51 so as to allow their treatment and recycling;
Amendment 471 #
2020/0353(COD)
Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 1 – point b
Article 60 – paragraph 1 – subparagraph 1 – point b
(b) in a language, which can be easily understood by consumers and other end- users, as determined by the Member State concerned, including an infographic or pictograph explanation.
Amendment 474 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. By 1 January 2026From [24 months after the entry into force of the implementing act referred to in Article 64 (5) c], the Commission shall set up the electronic exchange system for battery information (“the system”).
Amendment 475 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. The system shall contain the information and data on rechargeable industrialstationary storage batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh as laid down in Annex XIII. That information and data shall be sortable and searchable, respecting open standards for third party use.
Amendment 476 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. The economic operators that place a rechargeable industrialstationary storage battery or an electric vehicle battery with internal storage on the market shall make the information referred to in paragraph 2 available electronically in a machine readable format using interoperable and easily accessible data services in the format established in accordance with paragraph 5.
Amendment 477 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 5 – introductory part
Article 64 – paragraph 5 – introductory part
5. The Commission shall, by 31 December 20245, adopt implementing acts to establish:
Amendment 479 #
2020/0353(COD)
Proposal for a regulation
Article 64 – paragraph 5 – point c
Article 64 – paragraph 5 – point c
(c) the rules for accessing, sharing, managing, exploring, publishing and reusing of the information and data in the system, including restricted levels of access (e.g for authorised actors, as defined under article 64 (4), as applicable.
Amendment 481 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. By 1 January 2026, each industrialFrom [24 months after the entry into force of the implementing act referred to in Article 65 (7)], each stationary storage battery and electric vehicle battery placed on the market or put into service and whose capacitnominal energy is higher than 2 kWh shall have an electronic record (“battery passport”).
Amendment 484 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 2
Article 65 – paragraph 2
2. The battery passport shall be unique for each individualstationary storage battery referred to in paragraph 1 and shall be identified through a unique identifier that the economic operator placing the battery on the market shall attribute to it and which shall be printed or engraved on it.
Amendment 487 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. The battery passport shall be linked to the information about the basic characteristics of each battery type and model stored in the data sources of the System established pursuant to Article 64. The economic operator that places an industrialstationary storage battery or an electric vehicle battery on the market shall ensure that the data included in the battery passport is accurate, complete and up-to- date.
Amendment 492 #
2020/0353(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. When the change in the status is due to repairing or prepurposingaring for reuse activities, the responsibility for the battery record in the battery passport shall be transferred to the economic operator that is considered to place the industrialstationary storage battery or the electric vehicle battery on the market or that puts it into service.
Amendment 499 #
2020/0353(COD)
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a battery covered by this Regulation presents a risk to human health or safety of persons, to property or to the environment, they shall carry out an evaluation in relation to the battery concerned covering all relevant requirementsperforming appropriate checks on an adequate scale laid down in this Regulation.
Amendment 502 #
2020/0353(COD)
Proposal for a regulation
Article 66 – paragraph 4 – introductory part
Article 66 – paragraph 4 – introductory part
4. WAccording to Regulation 2019/1020 where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the batteries being made available on their national market, to withdraw the battery from that market or to recall it.
Amendment 503 #
2020/0353(COD)
Proposal for a regulation
Article 66 – paragraph 5 – point b
Article 66 – paragraph 5 – point b
(b) substantial shortcomings in the harmonised standards referred to in Article 15;
Amendment 504 #
2020/0353(COD)
Proposal for a regulation
Article 66 – paragraph 5 – point c
Article 66 – paragraph 5 – point c
(c) substantial shortcomings in the common specifications referred to in Article 16.
Amendment 505 #
2020/0353(COD)
Proposal for a regulation
Article 66 – paragraph 8
Article 66 – paragraph 8
8. According to Regulation 2019/1020, Member States shall ensure that appropriate restrictive measures, such as withdrawal of the battery from the market, are taken in respect of the battery concerned without delay.
Amendment 509 #
2020/0353(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. Where, having carried out an evaluation under Article 67(1), a Member State finds that although a battery is in compliance with the requirements set out in Chapters II and III, it presents a risk to the human health or safety of persons, to the protection of property or to the environment, it shall without delay require the relevant economic operator to take all appropriate measures within a reasonable period and commensurate with the nature of the risk, to ensure that the battery concerned, when placed on the market, no longer presents that risk, to withdraw the battery from the market or to recall it, within a reasonable period which is commensurate with the nature of that risk.
Amendment 510 #
2020/0353(COD)
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall adopt an implementing act in the form of a decision determining whether the national measure is justified or not and, where necessary, orderproposing appropriate measures.
Amendment 516 #
2020/0353(COD)
Proposal for a regulation
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
(c) the identification number of the notified body involved, where relevant, in the production control phase has been affixed in violation of Article 20 or has not been affixed;
Amendment 517 #
2020/0353(COD)
Proposal for a regulation
Article 69 – paragraph 1 – point g
Article 69 – paragraph 1 – point g
(g) the information referred to in paragraphs 7, 9 and 10 of Article 38 or Article 41(3) and (4) is absent, false or incomplete or, in the case of the instructions for use, not translated into a language accepted by the Member States where the battery is placed on the market or made available;
Amendment 520 #
2020/0353(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Where the operator does not put an end to the non-compliance referred to in point (k) of paragraph 1, a notice of remedialcorrective action shall be issued.
Amendment 530 #
2020/0353(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(31), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
Amendment 531 #
2020/0353(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. The delegation of power referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(31), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 532 #
2020/0353(COD)
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
4. Before adopting a delegated act, the Commission shall prepare impact assessment and gather all necessary expertise including consulting experts designated by each Member State, use of expert groups in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making in view of technical and scientific progress.
Amendment 532 #
2020/0353(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
The carbon footprint performance class requirements in the first subparagraph shall apply as of 1 January 2026 for electric vehicle batteries and for rechargeable industrial batteries18 months after the entry into force of the implementing act and delegated act referred to in the second subparagraph of paragraph 2.
Amendment 536 #
2020/0353(COD)
Proposal for a regulation
Article 75 a (new)
Article 75 a (new)
Article 75 a Amendments to Regulation (EU) 1907/2006 Regulation (EU) 1907/2006 is amended as follows: The table in Annex XVII shall be amended as follows: (a) the column entry 18 shall be amended as follows: 8. Batteries, whether or not incorporated into appliances, shall not contain more than 0,0005 % of mercury (expressed as mercury metal) by weight. 9.Batteries used in vehicles to which Directive 2000/53/EC applies shall not contain more than 0,1% of mercury (expressed as mercury metal) by weight in homogeneous material. (b) the column entry 23 shall be amended as follows: 12. Portable batteries, whether or not incorporated into appliances, shall not contain more than 0,002% of cadmium (expressed as cadmium metal) by weight. 13.The restriction set out in point 1 shall not apply to portable batteries intended for use: (a)emergency and alarm systems, including emergency lighting; (b)medical equipment. 14.Batteries used in vehicles to which Directive 2000/53/EC applies shall not contain more than 0,01% of cadmium (expressed as cadmium metal) by weight in homogeneous material. 15.The restriction set out in point 3 does not apply to vehicles that benefit from an exemption on the basis of Annex II to Directive 2000/53/EC.
Amendment 541 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. By 31 December 2030 and every 7 years thereafter, the Commission shall draw uppublish a report on the application of this Regulation and its impact on the environment and the functioning of the internal market.
Amendment 542 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – introductory part
Article 77 – paragraph 2 – introductory part
2. Taking account of technical progress and practical experience gained in Member States, the Commission shall in its report include in particular an evaluation on the following aspects of this Regulation:
Amendment 543 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point -a (new)
Article 77 – paragraph 2 – point -a (new)
(-a) General aspects: - whether adjustments are needed to the definitions set out in this Regulation, - whether the scope of requirements covered by this Regulation remains appropriate, the requirements are proportionate and effective, - the volume of metals recovered that were used in battery production; - the impact of this Regulation on the proper functioning of the Union’s internal market for batteries and waste batteries, including the impact on access to and prices of raw and recycled materials, - the comparison of the regulatory environment in the European union with regulatory environments of other key global players in the battery industry, including the comparison of the compliance costs, the prices of the batteries available on the market, the availability of batteries and availability of the raw and recycled materials, - the comparison of environmental impact of batteries placed on the Union market compared to the other regions, - whether the secondary acts have been published on time, - the impact of the Regulation on greenhouse gas emissions savings, - the number of administrative fines and criminal penalties imposed according to or in relation with this Regulation and the amount collected classified by Member States; - whether the data collected by the Commission and national authorities based on this Regulation are publicly available, the impact of the Regulation on the price of batteries analysed per the battery category, - the cost-benefit analysis of requirements set out in this Regulation for each requirement. - whether the same objectives can not be delivered by aligning the Regulation with commonly used international standard, with reduced administrative or compliance costs, - whether the administrative burden is proportionate and appropriate for each battery category and whether there is space for its reduction, - analysis of impact of the Regulations on the competition and investments, including per the key requirements,
Amendment 544 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point a a (new)
Article 77 – paragraph 2 – point a a (new)
Amendment 545 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point a c (new)
Article 77 – paragraph 2 – point a c (new)
(a c) whether the GHG emissions savings of EV batteries compared to combustion engines reached its target in reducing carbon footprint, as expected in the impact assessment of the Regulation,
Amendment 546 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point a d (new)
Article 77 – paragraph 2 – point a d (new)
(a d) the summary analysis of key requirements under the Chapter II, including analysis of the targets and the marginal environmental and economical impact of increased targets for the recycled content, collection targets, recycling efficiency targets. Such analysis shall be provided per each category of batteries,
Amendment 547 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point a f (new)
Article 77 – paragraph 2 – point a f (new)
(a f) the costs of complying with article 8,9,10,11 of this Regulation for producers and other relevant parties as a percentage of operational costs;
Amendment 548 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point b – point i (new)
Article 77 – paragraph 2 – point b – point i (new)
i) whether the requirements set out in Article 13 and Article 14 and following secondary acts remain appropriate to pursue the objectives of this Regulation as regards the compliance and information disclosures for individuals and industry dealing with the batteries and waste batteries,
Amendment 549 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point b – point ii (new)
Article 77 – paragraph 2 – point b – point ii (new)
Amendment 550 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point b – point iii (new)
Article 77 – paragraph 2 – point b – point iii (new)
iii) the costs of complying with Chapter III and Chapter VIII of this Regulation for producers as a percentage of operational costs,
Amendment 551 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point b – point iv (new)
Article 77 – paragraph 2 – point b – point iv (new)
iv) Comparison of labelling requirements and the consumers awareness with the other countries outside the Union,
Amendment 552 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point b a (new)
Article 77 – paragraph 2 – point b a (new)
Amendment 553 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point c – point i (new)
Article 77 – paragraph 2 – point c – point i (new)
i) statistics on source of raw materials used in the batteries put on the market in the Union, including the analysis of the social and environmental risks associated with the extraction in those countries,
Amendment 554 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point c – point ii (new)
Article 77 – paragraph 2 – point c – point ii (new)
ii) whether the level of social and environmental risk in raw material supply chain decreased in the high-risk areas, the amounts of extracted materials in the high-risk areas,
Amendment 555 #
2020/0353(COD)
iii) one-off costs andthe recurring costs of the due diligence requirements for the industry,including the average costs as a percentage of total costs per the battery type,
Amendment 557 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point d a (new)
Article 77 – paragraph 2 – point d a (new)
(d a) conformity of batteries set out in Chapter IV: - percentage ofbatteries that are removed from electric and electronic equipment at theend-of-life, - whether the used methodologyis proportionate compliance costs per each type of battery, - the costs of complying with Chapter IV of this Regulation for producers as a percent age of operational costs, - whether thecommon specification adopted by the Commission remains appropriate in relationto the internal market functioning.
Amendment 560 #
2020/0353(COD)
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1
Article 77 – paragraph 2 – subparagraph 1
Where appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation, delegated or implemented act, methodology or guidance.
Amendment 562 #
2020/0353(COD)
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
Directive 2006/66/EC is repealed with effect from 1 July 20235; however, its:
Amendment 563 #
2020/0353(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
It shall apply from 1 January 20225.
Amendment 567 #
2020/0353(COD)
Proposal for a regulation
Annex III – point 1
Annex III – point 1
1. Battery capacity, electric chaenergey which a battery can deliver under a specific set of conditions.
Amendment 568 #
2020/0353(COD)
Proposal for a regulation
Annex IV – title
Annex IV – title
Electrochemical performance and durability requirements for rechargeable industrialstationary storage batteries and electric vehicle batteries
Amendment 569 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 1
Annex IV – Part A – paragraph 1 – point 1
1. Rated capacity (in Ah) and capacity fade (in %per year) (in % per time unit) (in % after a specified time interval).
Amendment 570 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 2
Annex IV – Part A – paragraph 1 – point 2
2. Power (in W) and power fade (in %per year) (in % per time unit) (in % after a specified time interval).
Amendment 571 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 1 – point 4
Annex IV – Part A – paragraph 1 – point 4
4. Energy round trip efficiency and its fade (in %)per year) (in % per time unit) (in % after a specified time interval), if applicable.
Amendment 572 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 2
Annex IV – Part A – paragraph 2
‘Rated capacity’ means the total number of ampere-hours (Ah) that can be withdrawn from a fully charged battery under specific conditionsor milliampere-hours, of a cell or battery as measured by subjecting it to a load, temperature and voltage cut-off point specified by the manufacturer.
Amendment 573 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 6
Annex IV – Part A – paragraph 6
Amendment 574 #
2020/0353(COD)
Proposal for a regulation
Annex IV – Part A – paragraph 7
Annex IV – Part A – paragraph 7
Amendment 578 #
2020/0353(COD)
Proposal for a regulation
Annex VI – Part C – paragraph 1
Annex VI – Part C – paragraph 1
The QR code shall be 100% blackof colour and of a size that is easily readable by a commonly available QR reader, such as those integrated in hand-held communication devices.
Amendment 580 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point b
Annex VIII – Part A – point 2 – paragraph 2 – point b
Amendment 581 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part A – point 2 – paragraph 2 – point c
Annex VIII – Part A – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;
Amendment 582 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part A – point 4 – paragraph 2 – indent 1 (new)
Annex VIII – Part A – point 4 – paragraph 2 – indent 1 (new)
- A portable battery model will require a new conformityassessment whenever a change by more than 0,1 g or 20 % mass, whichever isgreater, for the cathode, anode or electrolyte is done. Other than portablebattery type will require a new conformity assessment whenever the change issubstantial and there is a potential risk of the change in the batteryperformance or characteristics related to the requirements of Chapters II andIII of this Regulation.
Amendment 584 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point b
Annex VIII – Part B – point 2 – paragraph 2 – point b
Amendment 585 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part B – point 2 – paragraph 2 – point c
Annex VIII – Part B – point 2 – paragraph 2 – point c
(c) descriptions and explanations necessary for the understanding of the drawings and schemes referred to in point (b) and the operation of the battery;test reports.
Amendment 586 #
2020/0353(COD)
Proposal for a regulation
Annex VIII – Part B – point 4 – paragraph 1
Annex VIII – Part B – point 4 – paragraph 1
For each battery model, and where applicable, for each batch that the manufacturer or the importer places on the Union market, the mentioned economic operator shall carry out one or more tests on one or more specific aspects of the battery model or batch of batteriesin order to verify conformity with the corresponding requirements referred to in point 1. For large battery batches, the manufacturer, the authorised representative or the importer shall choose a statistically representative sample of batteries.
Amendment 616 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point e
Annex XIII – point 1 – point e
Amendment 618 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point k
Annex XIII – point 1 – point k
Amendment 619 #
2020/0353(COD)
Amendment 620 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point m
Annex XIII – point 1 – point m
Amendment 621 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point n
Annex XIII – point 1 – point n
Amendment 622 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point o
Annex XIII – point 1 – point o
Amendment 623 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point p
Annex XIII – point 1 – point p
Amendment 624 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point q
Annex XIII – point 1 – point q
Amendment 625 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 1 – point r
Annex XIII – point 1 – point r
Amendment 627 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 2 – point a
Annex XIII – point 2 – point a
(a) DetailedGeneric composition, including materials used in the cathode, anode and electrolyte;
Amendment 628 #
2020/0353(COD)
Proposal for a regulation
Annex XIII – point 2 – point b
Annex XIII – point 2 – point b
Amendment 814 #
2020/0353(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Labels and QR code referred to in paragraphs 1 to 5 shall be printed or engraved visibly, legibly and indelibly on the battery. Where this is not possible or not warranted on account of the nature and size of the battery, labels shall be affixed to the packaging andor to the documents accompanying the battery. In the case of second life batteries or repurposed batteries, the labels and QR code shall reflect the second use character of the battery.
Amendment 825 #
2020/0353(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kWh shall include a battery management system containing read-only data on the parameters for determining the state of health and expected lifetime of batteries as laid down in Annex VII.
Amendment 950 #
2020/0353(COD)
Proposal for a regulation
Article 41 – paragraph 6
Article 41 – paragraph 6
6. When deemed appropriate with regard to the risks presented by a battery, importers shall, to protect the human health and safety of consumers, carry out sample testing of marketed batteries, investigate, and, if necessary, keep a register of complaints, ofnvestigate complaints concerning non- conforming batteries and battery recalls, and shall keep distributors informed of such monitoring.given the number and nature of such complaints;
Amendment 958 #
2020/0353(COD)
Proposal for a regulation
Article 42 – paragraph 6
Article 42 – paragraph 6
6. Distributors shall, further to a reasoned request from a national authority provide it with all the information and the technical documentation necessary to demonstrate the conformity of a battery with the requirements set out in Chapters II and III in a language that can be easily understood by that authority. That information and the technical documentation shall be provided in paper or electronic form. Distributors shall cooperate with the national authority, at its request, on any action taken to eliminate theaddress substantial risks posed by batteries that they have made available on the market, given that such risks can be eliminated.
Amendment 1362 #
2020/0353(COD)
Proposal for a regulation
Annex X – point 2 – point d
Annex X – point 2 – point d
(d) biodiversity , including deep-sea tailing placement (DSTP) practices;
Amendment 1 #
2020/0331(CNS)
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the other contributions submitted by the Irish Houses of the Oireachtas, the Portuguese Parliament and the Romanian Senate,
Amendment 2 #
2020/0331(CNS)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
— whereas the Parliament fully respects the principle of national tax sovereignty and unanimity vote in tax matters in Council;
Amendment 3 #
2020/0331(CNS)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Approves the Commission proposal as amended;
Amendment 4 #
2020/0331(CNS)
Draft legislative resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;
Amendment 5 #
2020/0331(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure uniform conditions for the implementation of the relevant provisions of Directive 2006/112/EC, implementing powers should be conferred on the Commission as regards the determination of the meaning of the terms used in certain provisions of that Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council12 . In order to comply with the unanimous decision- making in tax matters stipulated in the Treaty on the functioning of the European Union, the adoption of draft implementing act within the examination procedure should be modified accordingly. _________________ 12 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 6 #
2020/0331(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/112/EC
Article 398a – paragraph 2 a (new)
Article 398a – paragraph 2 a (new)
2 a. Where reference is made to this paragraph, Article 7 and 8 of Regulation (EU) No 182/2011 shall not apply.
Amendment 7 #
2020/0331(CNS)
Proposal for a directive
Article 1 a (new) Regulation (EU) No 182/2011
Article 1 a (new) Regulation (EU) No 182/2011
Article 1 a Regulation (EU) No 182/2011 is amended as follows: (5) in Article 5, the following paragraph 1a is inserted: "By way of derogation from paragraph 1, the committee shall deliver its opinion for acts to be adopted on a proposal from the Commission in accordance with Directive 2006/112/EC unanimously." (6) in Article 6, the following paragraph 1a is inserted: "By way of derogation from paragraph 1, for acts to be adopted on a proposal from the Commission in accordance with Directive 2006/112/EC the appeal committee shall deliver its opinion unanimously." (7) in Article 6, the paragraph 4 is amended as follows: "By way of derogation from paragraph 3, for the adoption of definitive multilateral safeguard measures and of implementing acts adopted in accordance with Directive 2006/112/EC, in the absence of a positive opinion voted by the majority provided for in Article 5(1) or 5(1a), the Commission shall not adopt the draft measures."
Amendment 12 #
2020/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Credit institutions have been active in the recovery to support companies that needed financing and are expected to be a fundamental pillar of the recovery. Regulation (EU) 2017/1129 entitles credit institutions to an exemption from the obligation to publish a prospectus in case of an offer of certain non-equity securities issued in a continuous or repeated manner up to an aggregated amount of EUR 75 million in a 12 month-period. That exemption threshold should be increased for a limited period of time in order to foster fundraising for credit institutions and bring them a breathing space to support their clients in the real economy. As that measure is limited to the recovery phase, it should therefore be available for a limited time period of 18 monthsending on 31 December 2022.
Amendment 22 #
2020/0155(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Regulation (EU) 2017/1129 requires financial intermediaries to inform investors of the possibility of a supplement and, under certain circumstances, to contact investors on the same day that a supplement is published. The scope of investors to contact as well as the deadline to contact them can raise difficulties for financial intermediaries. In order to provide relief and free up resources for financial intermediaries while maintaining a high level of investor protection, a more proportionate regime should be laid down. Such regime should specify which investors should be contacted by financial intermediaries when a supplement is published and should extend the deadline to contact those investors.
Amendment 24 #
2020/0155(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) As the EU Recovery prospectus is limited to the recovery phase, the regime of this prospectus should expire 18 months after the date of application of this Regulationby 31 December 2022. In order to ensure the continuity of EU Recovery prospectuses, the ones approved before the expiration of the regime should benefit from a grandfathering provision.
Amendment 29 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2017/1129
Article 1 – paragraph 4 – point k
Article 1 – paragraph 4 – point k
(k) from [date of application of this Regulation] to [18 months from the date of application of this Regulation]31 December 2022 non- equity securities issued in a continuous or repeated manner by a credit institution, where the total aggregated consideration in the Union for the securities offered is less than EUR 150 000 000 per credit institution calculated over a period of 12 months, provided that those securities:
Amendment 31 #
2020/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Credit institutions have been active in the recovery to support companies that needed financing and are expected to be a fundamental pillar of the recovery. Regulation (EU) 2017/1129 entitles credit institutions to an exemption from the obligation to publish a prospectus in case of an offer of certain non-equity securities issued in a continuous or repeated manner up to an aggregated amount of EUR 75 million in a 12 month-period. That exemption threshold should be increased for a limited period of time in order to foster fundraising for credit institutions and bring them a breathing space to support their clients in the real economy. As that measure is limited to the recovery phase, it should therefore be available for a limited time period of 18 monthsending on 31 December 2022.
Amendment 42 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2017/1129
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where the prospectus relates to an offer of securities to the public, investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right, exercisable within threewo working days after the publication of the supplement, to withdraw their acceptances, provided that the significant new factor, material mistake or material inaccuracy referred to in paragraph 1 arose or was noted before the closing of the offer period or the delivery of the securities, whichever occurs first. That period may be extended by the issuer or the offeror. The final date of the right of withdrawal shall be stated in the supplement.
Amendment 43 #
2020/0155(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Regulation (EU) 2017/1129 requires financial intermediaries to inform investors of the possibility of a supplement and, under certain circumstances, to contact investors on the same day that a supplement is published. The scope of investors to contact as well as the deadline to contact them can raise difficulties for financial intermediaries. In order to provide relief and free up resources for financial intermediaries while maintaining a high level of investor protection, a more proportionate regime should be laid down. Such regime should specify which investors should be contacted by financial intermediaries when a supplement is published and should extend the deadline to contact those investors.
Amendment 44 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47 a – paragraph 1
Article 47 a – paragraph 1
The regime set out in Article 14a expires on [18 months from the date of application of this Regulation]31 December 2022.
Amendment 45 #
2020/0155(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) As the EU Recovery prospectus is limited to the recovery phase, the regime of this prospectus should expire 18 months after the date of application of this Regulationby 31 December 2022. In order to ensure the continuity of EU Recovery prospectuses, the ones approved before the expiration of the regime should benefit from a grandfathering provision.
Amendment 46 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47 a – paragraph 2
Article 47 a – paragraph 2
EU Recovery Prospectuses drawn up in accordance with Article 14a and approved between [date of application of this Regulation] and [18 months after the date of application of this Regulation]31 December 2022 shall continue to be governed in accordance with that Article until the end of their validity or until twelve months have elapsed after [18 months after date of application of this Regulation]31 December 2022, whichever occurs first.
Amendment 48 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2017/1129
Article 1 – paragraph 4 – point k
Article 1 – paragraph 4 – point k
(k) from [date of application of this Regulation] to [18 months from the date of application of this Regulation]31 December 2022 non- equity securities issued in a continuous or repeated manner by a credit institution, where the total aggregated consideration in the Union for the securities offered is less than EUR 150 000 000 per credit institution calculated over a period of 12 months, provided that those securities:
Amendment 49 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
(c) the number of standard prospectuses, EU Growth prospectuses and EU Recovery prospectuses approved and an analysis of the evolution of such number; and, where appropriate, offer prices of securities offered to the public in relation to all types of prospectuses;
Amendment 50 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point d
Article 48 – paragraph 2 – point d
(d) the cost of preparing and having an EU Recovery prospectus approved compared to the current costs for a standard prospectus and an EU Growth prospectus, together with an indication of the overall financial savings achieved and total costs of complying with this Regulation for issuers, offerors and financial intermediaries together with the information of these costs as a percentage of operational costs;
Amendment 51 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point d a (new)
Article 48 – paragraph 2 – point d a (new)
Amendment 52 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point d b (new)
Article 48 – paragraph 2 – point d b (new)
(db) an analysis of the impact of this Regulation on the proper functioning of the Union’s internal market for financial services, including the impact on access to finance by SMEs and on investors and other categories of natural or legal persons affected by those services;
Amendment 56 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e a (new)
Article 48 – paragraph 2 – point e a (new)
(ea) an analysis of whether any changes are needed to the requirements set out in Annexes;
Amendment 57 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e b (new)
Article 48 – paragraph 2 – point e b (new)
(eb) whether the scope of services covered by this Regulation remains appropriate, in relation to the threshold amounts set out in Article 1 and 3;
Amendment 58 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e c (new)
Article 48 – paragraph 2 – point e c (new)
(ec) an analysis of whether and what prolongation of validity of a prospectus could improve a proper balance between investor protection and the reduction of administrative burden for issuers and the persons entitled to use it;
Amendment 59 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e d (new)
Article 48 – paragraph 2 – point e d (new)
(ed) the share of securities offered to the public in relation to authorised prospectuses under this Regulation in the global financial market and the European financial market;
Amendment 60 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e e (new)
Article 48 – paragraph 2 – point e e (new)
(ee) the volume of investments withdrawn by investors using their withdrawal right and its share on the total volume of investments divided by the standard prospectuses, the EU Growth prospectuses and EU Recovery prospectuses; and, based on those data, assess whether the duration and the nature of the withdrawal right is appropriate and does not harm the efficiency of the capital raising process or investor protection;
Amendment 61 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e f (new)
Article 48 – paragraph 2 – point e f (new)
(ef) the number and volume of sanctions imposed according to or in relation with this Regulation classified by Member States and by the type of a prospectus;
Amendment 62 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e g (new)
Article 48 – paragraph 2 – point e g (new)
(eg) types and trends of detriments and fraudulent behaviour, of investors, issuers, offerors or financial intermediaries and third persons occurring in relations with this Regulation;
Amendment 63 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e h (new)
Article 48 – paragraph 2 – point e h (new)
(eh) direct and indirect measurement of improvements in market outcomes for investors and issuers;
Amendment 64 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2017/1129
Article 48 – paragraph 2 – point e i (new)
Article 48 – paragraph 2 – point e i (new)
(ei) a risk, cost and benefit analysis of whether EU Recovery prospectuses can become a permanent form of prospectus.
Amendment 82 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2017/1129
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where the prospectus relates to an offer of securities to the public, investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right, exercisable within threewo working days after the publication of the supplement, to withdraw their acceptances, provided that the significant new factor, material mistake or material inaccuracy referred to in paragraph 1 arose or was noted before the closing of the offer period or the delivery of the securities, whichever occurs first. That period may be extended by the issuer or the offeror. The final date of the right of withdrawal shall be stated in the supplement.;
Amendment 92 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 1129/2017
Article 47a – paragraph 1
Article 47a – paragraph 1
The regime set out in Article 14a expires on [18 months from the date of application of this Regulation]31 December 2022.
Amendment 93 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 1129/2017
Article 47a – paragraph 2
Article 47a – paragraph 2
EU Recovery Prospectuses drawn up in accordance with Article 14a and approved between [date of application of this Regulation] and [18 months after the date of application of this Regulation]31 December 2022 shall continue to be governed in accordance with that Article until the end of their validity or until twelve months have elapsed after [18 months after date of application of this Regulation]31 December 2022, whichever occurs first.
Amendment 97 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
(c) the number of standard prospectuses, EU Growth prospectuses and EU Recovery prospectuses approved and an analysis of the evolution of such number and, where appropriate, offer prices of securities offered to the public in relation to all types of prospectuses;
Amendment 99 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point c
Article 48 – paragraph 2 – point c
(d) the cost of preparing and having an EU Recovery prospectus approved compared to the current costs for a standard prospectus and an EU Growth prospectus, together with an indication of the overall financial savings achieved and total costs of complying with this Regulation for issuers, offerors and financial intermediaries together with the information of these costs as a percentage of operational costs;
Amendment 101 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point d a (new)
Article 48 – paragraph 2 – point d a (new)
(d a) the separate cost of preparing and having each of I-XI category of information of an EU Recovery prospectus approved as listed in Annex Va and the summary of an EU Recovery prospectus;
Amendment 102 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point d b (new)
Article 48 – paragraph 2 – point d b (new)
(d b) an analysis of the impact of this Regulation on the proper functioning of the Union’s internal market for financial services, including the impact on access to finance by SMEs and on investors and other categories of natural or legal persons affected by those services;
Amendment 104 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e a (new)
Article 48 – paragraph 2 – point e a (new)
(e a) an analysis of whether any changes are needed to the requirements set out in Annexes;
Amendment 105 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e b new
Article 48 – paragraph 2 – point e b new
(e b) whether the scope of services covered by this Regulation remains appropriate, in relation to the threshold amounts set out in Article 1 and 3;
Amendment 106 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e c (new)
Article 48 – paragraph 2 – point e c (new)
(e c) an analysis of whether and what prolongation of validity of a prospectus could improve a proper balance between investor protection and the reduction of administrative burden for issuers and the persons entitled to use it;
Amendment 107 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e d (new)
Article 48 – paragraph 2 – point e d (new)
(e d) the share of securities offered to the public in relation to authorised prospectuses under this Regulation in the global financial market and the European financial market;
Amendment 108 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation 1129/2017
Article 48 – paragraph 2 – point e e (new)
Article 48 – paragraph 2 – point e e (new)
(e e) the volume of investments withdrawn by investors using their withdrawal right and its share on the total volume of investments divided by the standard prospectuses, the EU Growth prospectuses and EU Recovery prospectuses; and, based on those data, assess whether the duration and the nature of the withdrawal right is appropriate and does not harm the efficiency of the capital raising process or investor protection;
Amendment 109 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e f (new)
Article 48 – paragraph 2 – point e f (new)
(e f) the number and volume of sanctions imposed according to or in relation with this Regulation classified by Member States and by the type of a prospectus;
Amendment 110 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e g (new)
Article 48 – paragraph 2 – point e g (new)
(e g) types and trends of detriments and fraudulent behaviour, of investors, issuers, offerors or financial intermediaries and third persons occurring in relations with this Regulation;
Amendment 111 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e h (new)
Article 48 – paragraph 2 – point e h (new)
(e h) direct and indirect measurement of improvements in market outcomes for investors and issuers;
Amendment 112 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 1129/2017
Article 48 – paragraph 2 – point e i (new)
Article 48 – paragraph 2 – point e i (new)
(e i) a risk, cost and benefit analysis of whether EU Recovery prospectuses can become a permanent form of prospectus.
Amendment 318 #
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 and reducing the infrastructural gap. 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 employment creation and to promoting sustainable growth.
Amendment 434 #
2020/0104(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester, such as the National Reform Programmes; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion and the reduction of the infrastructural gap; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
Amendment 1105 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressed to the Member State concerned orand in other relevant documents officially adopted by the Commission in the European Semester National Reform Programmes;
Amendment 1200 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point g a (new)
Article 16 – paragraph 3 – point g a (new)
(g a) whether the recovery and resilience plan contributes to key infrastructure development, especially in Member States where GDP/capita is below the EU average and the level of public debt is sustainable;
Amendment 1482 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. For the purpose of the reporting on the activities referred to in paragraph 2, the Commission may use the content of the relevant documents officially adopted by the Commission under the European Semesterunder the European Semester, such as the National Reform Programmes, as appropriate.
Amendment 25 #
2019/2211(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the EU’s low productivity and global competitiveness require urgent structural reforms and fiscal discipline aiming at growth, employment and increased convergence within the EU;
Amendment 26 #
2019/2211(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas in order to achieve sustainable growth the EU needs to shift from rather experimental, unprecedented and unsustainable monetary policies to conventional, evidence based and growth- friendly investment, a comprehensive and non-selective implementation of the SGP, and structural reforms;
Amendment 27 #
2019/2211(INI)
Motion for a resolution
Recital -A b (new)
Recital -A b (new)
-A b. whereas persisting high levels of public debt represent a drag on growth, greater risk of a fiscal crisis, lower national savings and income and lead to large tax hikes;
Amendment 28 #
2019/2211(INI)
Motion for a resolution
Recital -A c (new)
Recital -A c (new)
-A c. whereas debt reduction measures have been slow in a number of Member States;
Amendment 29 #
2019/2211(INI)
Motion for a resolution
Recital -A d (new)
Recital -A d (new)
-A d. whereas five euro area Member States with high debt-to-GDP ratios are forecast to have a sizeable structural deficit in 2020;
Amendment 37 #
2019/2211(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the improvement in the economic situationd economic discipline and stability and low interest rates provide an opportunity to implement ambitiousnecessary reforms, in particular measures aimed at encouraging effective public investment to tackle climate change and its social consequences and create full-time jobs;
Amendment 40 #
2019/2211(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas structural reforms in the Member States are needed in order to create the conditions for sustainable growth;
Amendment 42 #
2019/2211(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas close to zero interest rates severely distort the intertemporal allocation of capital; whereas a flat yield curve severely damages the traditional borrowing and lending business model of banks and drives them into riskier business activities;
Amendment 44 #
2019/2211(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the unemployment rate in the EU is below the pre-crisis level and the unemployment rate in the euro area is still above the pre-crisis level;
Amendment 59 #
2019/2211(INI)
Motion for a resolution
Recital C
Recital C
Amendment 84 #
2019/2211(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that, in view of the climate change emergency, the EU’s Annual Growth Survey (AGS) has now been renamed the Annual Sustainable Growth Survey (ASGS), and considers that this implies a change in the positioning of the report and the implementation of ecological indicators; stresses however that this change must comply with the valid fiscal rules;
Amendment 99 #
2019/2211(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the role of the European Green Deal as the EU’s new strategy defining ecological issues and the wellbeing of citizens as principal goals for the Union; notes, with regard to the scope of the European Semester, the inclusion of the SDGs and of the principles of the European Pillar of Social Rights (EPSR), which will require the adjustment of existing indicators and the creation of new ones to monitor the implementation of EU economic, environmental and social policies, as well as coherence between policy goals and budgetary means; notes the need to implement long-term planning to tackle climate change;
Amendment 116 #
2019/2211(INI)
3. Considers achieving a fair transition to climate neutrality to be a major responsibility for the EU’s citizens and economy and its role in the world; calls for appropriate support and policies, with involvement for and of the public, the various sectors, regions and Member States with a view to benefiting from this transformation and making it a success; calls on the Commission to undertake an annual evaluation of the Union’s ecological debt, carbon budget and imported emissions;
Amendment 138 #
2019/2211(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the euro area is going through a prolonged period of subdued growth (1.1 % in the euro area and 1.4% in the EU as a whole in 2019 with significant differences between Member States from 0.1 % to 5.6 %), with growth in the euro area in 2020 and 2021 forecast at 1.2 % and for the EU in 2020 and 2021 forecast at 1.4 %; also notes that the inflation rate is forecast to further slow down, to 1.2 % in 2019 and 2020, in a context of high uncertainty due to geopolitical tensions and Brexit; is concerned at the high level of both public and private debt;
Amendment 150 #
2019/2211(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned that post-crisis investment has been on a downward path in the EU in spite of historically low interest rates, currently standing at 3.4 %, with overall infrastructure investment now at about 75 % of its pre-crisis level; notes that monetary policy of low interest rates has not helped to increase the level of investments to pre-crisis level; whereas 80 % of the shortfall is the result of cutbacks in the public sector, which have occurred particularly in countries subject to adverse macroeconomic conditions and the more severe fiscal constraints imposed on disadvantaged regions already characterised by poor infrastructure quality and weak socio- economic outcomes, but also, and surprisingly, in countries with a large fiscal space;
Amendment 152 #
2019/2211(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Emphasises that reliable investment requires a regulatory environment that allows for a return on investment; considers that predictable rules, a level playing field and reduced compliance costs are crucial factors for attracting investment;
Amendment 163 #
2019/2211(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Endorses the conclusion of the European Fiscal Board (EFB) that the fiscal framework has not protected the quality of public expenditure, and welcomes the EFB’s proposal for a ‘golden rule’ to protect public investment; calls, therefore, for the reform of the Stability and Growth Pact and the introduction of a golden rule aimed at implementing sound fiscal policy on an equal footing with investment within the EU’s policy objectives; whereas this should cover the investment foreseen for the realisation of the Green Deal, the Digital Revolution, the SDGs and the EPSR Rights, including expenditure aimed at reducing poverty and inequality related to social protection, health services and long-term care, and education and training; highlights that public investments are limited as they represent scarce resources mostly funded by the taxpayers; calls on the Commission to prioritise the public investments according to their efficiency in order to support economic growth;
Amendment 176 #
2019/2211(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 187 #
2019/2211(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises the fiscal benefits of investment efficiency measurements and investment quality comparison; recommends the Commission to systematically monitor the value for money of EU funded projects and to publish the evaluation criteria to maximise the benefits of public scrutiny;
Amendment 189 #
2019/2211(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. warns that boosting investment should not be seen as an alternative to productivity-enhancing reforms;
Amendment 190 #
2019/2211(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 205 #
2019/2211(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with concern that the EU share of global foreign direct investments flows have fallen significantly since the crisis;
Amendment 206 #
2019/2211(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 208 #
2019/2211(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 214 #
2019/2211(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines that implementation of the Green deal shall not distort the long- term sustainability of public finances and shall be in full compliance with the Stability and Growth Pact and with short- term macroeconomic stabilisation;
Amendment 222 #
2019/2211(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. NoteRegrets that the debt levels of all the Member States are above the pre-crisis level and are expected to exceed 60 % GDP in 2021; further notes that in six Member States the ratio will be higher than 90 %; highlights the fact that the fiscal rules have not contributed to bringing down the debt levels of highly indebted countries but have, rather, increased them GDP; underlines that debt levels may be hard to sustain if and when interest rates return to normal levels;
Amendment 225 #
2019/2211(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls the need to reduce the levels of public debt to help the European economies to be more resilient to shocks, especially in highly indebted countries; warns about higher financing costs in the future once monetary policy accommodation is reduced, especially in the euro area;
Amendment 226 #
2019/2211(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Recalls that growth-friendly structural reforms do not require fiscal space but rather political, legislative and administrative efforts aimed at strengthening market forces and private sector initiatives;
Amendment 233 #
2019/2211(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Supports flexibility in the implementation of the SGP as proposed by the Commission in 2015; considers that much more flexibility should be introduced in order to booPoints out that acquis communautaire and other common measures, including fiscal rules, shall be respected and regrets long last investment and ecological transition in the EU; calls, therefore, for the reform of the SGP and the introduction of a euro area fiscal capacityg selective non-compliance with common EU rules; calls, therefore, for the full and unambiguous implementation of the SGP;
Amendment 239 #
2019/2211(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 258 #
2019/2211(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Commission warranted in-depth reviews for 13 Member States identified as having imbalances; supports the suggestion made in the Alert Mechanism Report (AMR) 2020 that a rebalancing of current account deficits and surpluses in the euro area is needed urgently and would be beneficial for all Member Statesnotes that in such environment the required adjustment for some Member States seeking improvement of intra-EU competitiveness becomes much harder to achieve;
Amendment 269 #
2019/2211(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is concerned about the accelerating rise in house prices as a consequence of ECB’s monetary policy;
Amendment 279 #
2019/2211(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the importance of the efficient regulation of the banking and financial sectors in order to prevent a new crisis; believes that such regulation must integrate the ecological situation; emphasises the importance of completing the Banking Union and the need to reform the European Stability Mechanism;
Amendment 308 #
2019/2211(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. CRecalls forthat qualified majority voting in Council on tax matters would infringe the sovereign Member States competence;
Amendment 313 #
2019/2211(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 318 #
2019/2211(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the systematic inclusion of tax matters in the Country Specific Recommendations (CSRs), with the aim of ensuring economic coherence across EU Member States as well as the fairness of EU tax systems; believes that the CSRs could ensure a fair balance between sources of revenue and should also include innovative elements aiming at promoting the Green Deal; further; believes that they should also support Member States in tackling tax avoidance and aggressive tax planning;
Amendment 334 #
2019/2211(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that high levels of taxation in Europe are a hindrance to investments and jobs; supports the Commission’s initiatives to achieve increased transparency and a reformed VAT system;
Amendment 352 #
2019/2211(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that, according to the EU Labour Force Survey, there are 8.3 million involuntary part-time workers in the EU, two thirds of them women; requests the Commission to undertake a study to analyse the impact of this development on pension systems and public finances taking into account the influence of tax wedge on the share of part-time workers;
Amendment 355 #
2019/2211(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 370 #
2019/2211(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Agrees that it is a matter of great concern that income inequality is above pre-crisis levels in some countries, being frequently linked to unequal opportunities in access to education, training and social protection; welcomes in this regards the efforts of those Member States that are shifting away from the high tax burden on labour in Europe;
Amendment 374 #
2019/2211(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the fact that the number of people at risk of poverty or social exclusion stands, on 2017 figures, at 113 million, or 22.5 % of the population and welcomes the decrease to 21.9% in 2018;
Amendment 381 #
2019/2211(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 385 #
2019/2211(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 389 #
2019/2211(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Demands the necessary respect for the principles of subsidiarity and proportionality; stresses that in line with the Treaties, Member States must continue to have sufficient flexibility in implementing an appropriate social policy;
Amendment 391 #
2019/2211(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 398 #
2019/2211(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recalls that the focus of the European Semester should be on national ownership;
Amendment 404 #
2019/2211(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Looks forward to the stronger involvement of the EP and the national parliaments and regional in the European Semester process and to the creation of an institutionalised dialogue with the Commission, the social partners, territories and civil society, at both EU and national level and relevant actors, in order to further boost the process’s democratic legitimacy;
Amendment 408 #
2019/2211(INI)
Amendment 414 #
2019/2211(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Reminds Member States of the importance of committing to and delivering on the CSRs including recommendations of the European Court of Auditors;
Amendment 14 #
2019/2131(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas a competition policy aimed at ensuring a level playing field in all sectors is a cornerstone of the European social market economy, and a key factor in guaranteeing the proper functioning of the internal market;
Amendment 17 #
2019/2131(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas global cooperation on competition enforcement helps to avoid inconsistencies in remedies and outcomes of enforcement actions and helps businesses to reduce their costs of compliance;
Amendment 18 #
2019/2131(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the application of competition rules to mergers must be evaluated from the perspective of the entire internal market;
Amendment 20 #
2019/2131(INI)
Motion for a resolution
Recital B
Recital B
Amendment 34 #
2019/2131(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. CHighlights the importance of global cooperation on competition enforcement; calls on the Commission to develop the influence of competition policy in the world, in particular by stepping up cooperation with the USA and China; supports an active participation of the Commission and the national competition authorities in the International Competition Network;
Amendment 111 #
2019/2131(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasises that neither an unacceptable trend towards protectionism, nor, on their own, measures to ensure fair competition can guarantee the competitiveness of the EU economy;
Amendment 141 #
2019/2131(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to take ambitious steps to eliminate illegitimate obstacles to online competition;
Amendment 142 #
2019/2131(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
Amendment 238 #
2019/2131(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Deplores the fact that, despite repeated requests,Notes that the Commission has still not completed theits investigation into Google Shopping which began in 2010 but that Google is still appealing the decision; stresses that, in the absence of targeted and effective behavioural remedies that have been tested in advance with the undertaking which is the victim, a complete structural separation of general and specialised research services may be necessary;
Amendment 279 #
2019/2131(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to fully mobilise the state aid modernisation strategy, in particular for the energy transition; notes that the definition of the energy mix of Member States remains a national competence; considers that the high diversification of energy mixes across the EU contributes to the EU's energy security;
Amendment 291 #
2019/2131(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Callsonsiders that it is a priority to ensure that State aid rules are strictly and impartially adhered to when dealing with future banking crises, so that taxpayers are protected against the burden of bank rescues; calls in this regard on the Commission to examine the discrepancies between the rules on State aid in the area of liquidation aid and the resolution regime under the Bank Recovery and Resolution Directive, and following that to revise its 2013 Banking Communication accordingly;
Amendment 302 #
2019/2131(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to re- evaluate on an annual basis whether the requirements for the application of Article107(3)(b) TFEU in the financial sector continue to be fulfilled;
Amendment 306 #
2019/2131(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls, without Treaty change, for regular use of the ordinary legislative procedure in competition policy, by analogy with the procedure for the ‘non- life insuranceAntitrust Damages Actions’ and ‘ECN+’ directives;
Amendment 319 #
2019/2131(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses the desire for a greater role for Parliament in determining and developing the general competition policy, along the lines of that played by the US Congress, which even has the power to launch investigations framework;
Amendment 322 #
2019/2131(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to systematically involve it inmaintain high transparency standards, including with regard to the work of working parties and expert groups, particularly when devising soft-law instruments;
Amendment 333 #
2019/2131(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Considers that resources for the Commission's Directorate General for Competition should be made adequate to its workload and range of tasks by shifting away resources from other Directorates with less European added value;
Amendment 335 #
2019/2131(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Recalls the commitment made by the Executive Vice-President of the European Commission for Europe Fit for the Digital Age during her confirmation hearing on 8 October 2019 to keep her digital policy and competition portfolios strictly separate;
Amendment 2 #
2019/2129(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to the Statute of the European System of Central Banks (ESCB) and of the ECB, in particular Articles 15 and 21 thereof,
Amendment 4 #
2019/2129(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to Articles 123, 127(1) and 284(3) of the Treaty on the Functioning of the European Union,
Amendment 20 #
2019/2129(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the Eurosystem staff macroeconomic projections of September 2019, annual inflation for the euro area in the Harmonised Index of Consumer Prices (HICP) looks set to reach 1.2 %, 1.0 % and 1.5 % in 2019, 2020 and 2021, thus still falling short of the medium-term objective of 2 %; whereas inflation projections show substantial variance across the euro area;
Amendment 24 #
2019/2129(INI)
Motion for a resolution
Recital D
Recital D
D. whereas at the end of 2018 the size of the Eurosystem balance sheet had reached an all-time high of EUR 4.7 trillion, thus exceeding 40% of the euro area GDP, an increase of 0.2 trillion compared with the end of 2017;
Amendment 30 #
2019/2129(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a stronger role of the euro, and its increased use as a reserve currency, wcould in the long term increase the EU’s ability to frame its policy stance independently vis-à-vis the US and the Federal Reserve and would ultimately provide protection from the risk of an uncooperative US approach;
Amendment 41 #
2019/2129(INI)
Motion for a resolution
Recital H
Recital H
H. whereas despite this positive trend, green bonds still account for only 1 % of the overall supply of euro-denominated bonds;
Amendment 45 #
2019/2129(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Article 123 TFEU and Article 21 of the Statute of the European System of Central Banks and of the European Central Bank prohibit the monetary financing of governments;
Amendment 49 #
2019/2129(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Amendment 57 #
2019/2129(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the role of the ECB in safeguarding euro stability and stresses that the ECB’s independence is a requisite for fulfilling its mandate; notes that such independence requires that the ECB shall not seek or take instructions from Union institutions or bodies, from any government of a Member State or from any other body; considers that the independence of the ECB cannot in any way be reconciled with political campaigning;
Amendment 62 #
2019/2129(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned that after a short economic recovery, euro area growth momentum has slowed markedly to 1.2 % of GDP in the euro area and to 1.4 % of GDP for the EU-27; underlines, therefore, the need for monetary policy to remain accommodative for the foreseeable futurebelieves that the structural contribution that monetary policy makes to sustainable growth is limited; underlines, therefore, the need for policy makers to undertake productivity- enhancing structural reforms and pursue sound fiscal policies;
Amendment 75 #
2019/2129(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that fiscal policy is a necessary component for enhancing the impact of monetary policy and reducing possible side effects; it is not the role of fiscal policy is to enhance the impact of monetary policy or to reduce its possible side effects; considers instead that fiscal policy and monetary policy need to compensate for each other: an expansive monetary policy should go hand in hand with a restrictive fiscal policy and the other way around, only in crisis situations they should strengthen each other; emphasises that the euro area is currently not in a situation which requires such policy convergence;
Amendment 88 #
2019/2129(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UnderlinesTakes note of the findings of the ESCB expert group on low wage growth1 , which analysed the disconnect between wage growth and labour market recovery, namely that low wage growth over recent years can be explained mainly by technology and wage bargaining shocks, the latter being impacted by changes in wage bargaining structure – reducing the bargaining power of employees – and labour market regulations – mainly in countries most affected by the global economic and financial crisis and the combination of labour underutilisation, low inflation readings and subduednamely that a combination of slack in the labour market, low inflation readings and subdued productivity growth has been holding back wage growth in the euro area; emphasises that innovation and flexibility are prerequisites for competitive labour markets; considers moreover that the ECB's very accommodative monetary policy itself is an important determinant of the subdued productivity growth, as highly indebted corporations survive thanks to low interest rates, thus compressing productivity growth; _________________ 1ECB Occasional Paper Series No 232 / September 2019: Understanding low wage growth in the euro area and European countries. https://www.ecb.europa.eu/pub/pdf/scpops/ ecb.op232~4b89088255.en.pdf
Amendment 97 #
2019/2129(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Underlines that strengthening the role of the euro, increasing the resilience of the euro area economy, reducing structural unemployment and boosting euro area growth potential and productivity requires the right structural conditions, among which:
Amendment 102 #
2019/2129(INI)
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
- The deepening of the European Monetary Union, including a fiscal capacity for the euro area able to providing a counter-cyclical stabilisation function which requires first and foremost sound fiscal policies and the implementation of structural reforms at national level aimed at better functioning product and factor markets, however which does not require a fiscal capacity for the euro area able to providing a counter-cyclical stabilisation function since Member States with access to financial markets can play such a shock-absorbing role themselves;
Amendment 123 #
2019/2129(INI)
Motion for a resolution
Paragraph 5 – indent 4
Paragraph 5 – indent 4
Amendment 136 #
2019/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. UnderlinNotes that the asset purchase programme (APP) has provided a substantialin the short term a contribution to a cyclical economic recovery and the formation of households’ inflation expectations, has led to a substantialn improvement in financing conditions via several transmission channels at the cost of potential and actual misallocation of real resources, and has compressed yields across a wide range of asset classes; stresses, in particular,notes further that the APP has directly improved credit conditions for the private non- financial sector with the asset-backed securities purchase programme (ABSPP) and the third covered bond purchase programme (CBPP3);
Amendment 138 #
2019/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Remains extremely concerned about the real shortcomings and negative side effects in the long term of a prolonged extraordinarily expansionary monetary policy which risks jeopardising a more robust and structural recovery of the euro area, among which: - The increased distortion of financial markets through impaired risk evaluation, higher leverage and the development of various asset bubbles; - The negative effects on individual savers and pensioners; -The pressure on the profitability and long-term sustainability of financial institutions that provide long-term return guarantees, such as life insurance or pension funds; - The growth of shadow banking; - Lower productivity growth; - Distributional consequences such as exacerbated wealth inequality due to increased financial asset prices in stock, bond and real exchange markets, as financial assets are primarily held by the very wealthy; - The likelihood that some Member States are using ultra-low (negative) interest rates to defer necessary structural reforms and the consolidation of their primary public deficits, particularly at central government level; - The downward pressure on the exchange rate of the euro creating a risk of competitive devaluations which has a major impact on trade conflicts;
Amendment 140 #
2019/2129(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers that the ECB bond- buying programmes violate at least the intent, if not the letter, of Article 123 TEFU; urges the ECB to refrain from assuming a political role and monetary financing government deficits;
Amendment 141 #
2019/2129(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Warns against the risk of excessive valuations on bond markets, which risk to be difficult to handle if interest rates start to rise again, particularly for countries involved in an excessive deficit procedure or with high levels of debt;
Amendment 146 #
2019/2129(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NoteRegrets that on 12 September 2019 the ECB announced a broad stimulus package including an open-ended quantitative easing programme that will run at a monthly pace of EUR 20 billion per month, a cut of 10 basis points in the deposit rate, a two-tier system for reserve remuneration, and easier terms for targeted longer-term refinancing operations (TLTRO-III); points out that the ECB has few instruments left to fend off adverse macroeconomic shocks; urges the ECB to normalise monetary policy as soon as possible;
Amendment 152 #
2019/2129(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 156 #
2019/2129(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 164 #
2019/2129(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 182 #
2019/2129(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. SupporRegrets the intention of theECB Governing Council of the ECB's intention to continue reinvesting the principal payments from maturing securities for as long as necessary to maintain favourable liquidity conditions and an ample degree of monetary accommodation;
Amendment 190 #
2019/2129(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasises that the ECB should not target nominal GDP since monetary policy measures cannot systematically improve the drivers of real growth;
Amendment 202 #
2019/2129(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that, as an EU institution, the ECB is bound by the Paris Agreement on climate change and that this should be reflected in its policies, with full respect for its mandate and its independencehas a narrowly defined mandate enshrined in Article 127 TFEU that should be reflected in its policies;
Amendment 213 #
2019/2129(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes good note of Christine Lagarde’Notes the incoming ECB President's declaration of 4 September, in which she welcomed the ECB’s collaboration in the Network for Greening the Financial System (NGFS) and of her commitment to contribute to facing the challenges which climate change poses by implementing the NGFS’s recommendations and acting on them substantively wherever possible without undermining, thus risking to jeopardise the ECB’'s primary price stability mandate and secondary other objectives;
Amendment 230 #
2019/2129(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 250 #
2019/2129(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for the capital markets union (CMU) project to be accelerated in order to deepen financial integration, with a view to improving resilience to shocks and making the transmission of monetary policy across the monetary union more effective; believes that the fastest way to achieve a well-functioning CMU is to reduce the burden of regulations hindering well- functioning capital markets to have a broader impact all over the Union;
Amendment 258 #
2019/2129(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the ECBall supervisory authorities to increase its monitoring of the development of crypto- currencies, crypto-assets and the increased risks in cyber- security;
Amendment 273 #
2019/2129(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Agrees with Christine Lagardethe incoming ECB President that a review of the ECB’s monetary policy framework is timely and warranted in order to ensure that the ECB has the right tools to deliver on its price stability mandate in the future; calls on the ECB to organise a public consultation as part of this process in order to ensure that the review is open to input and feedback from a broad range of diverse civil society stakeholders;
Amendment 289 #
2019/2129(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomeExpects the increase in accountability under the Presidency of Mario Draghi, and looks forward to eveoming ECB President to deliver on greater accountability, dialogue and openness in line with the incoming Presidentcommitments she made during her hearing before the European Parliament's Economic and Monetary Affairs Committee on 4 September 2019;
Amendment 294 #
2019/2129(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the nominations of Executive Board members should be prepared carefully, with full transparency and together with Parliament in line with the Treaties; calls on the Council to draw up a gender-balanced shortlist for all current and upcoming vacancies and to share it with Parliament, thus allowing it to play a more meaningful advisory role in the appointment process; regrets that to date no satisfactory progress has been made;
Amendment 17 #
2019/2110(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the general government deficit is expected to rise from 0.5 % to 0.9 % in the euro area and from 0.6 % to 1.0 % in the EU28 in 2019, and to remain at that level in 2020; whereas the debt-to- GDP ratio in 2019 stands at 85.8 % in the euro area and 80.2 % in the EU28 and is forecast to decrease to 84.3 % and 78.8 % respectively in 2020; whereas such debt levels may be hard to sustain if and when interest rates return to normal levels;
Amendment 20 #
2019/2110(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas growth has to an important degree relied upon unconventional and, in the long term, unsustainable monetary policy; whereas this monetary policy has failed to create a momentum for productivity-enhancing reforms;
Amendment 21 #
2019/2110(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the stability of financial institutions in the Eurozone is still a matter of grave concern; whereas there is slight progress on reducing non- performing loans; whereas this progress is clearly insufficient;
Amendment 52 #
2019/2110(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that effective growth- enhancing structural reforms, accompanied by well-targeted investments and responsible fiscal policies, continue to provide a successful compass for preparing the EU for its future and present challenges;
Amendment 63 #
2019/2110(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the average level of debt-to-GDP is projected to decline; notes, however, that the average level still remains significantly above the level required by the Stability and Growth Pact; points out the possibility of rising debt service costs in the future once monetary accommodation is reduced, especially in the euro area; reminds that Member States continue to significantly exceed their pre-crisis public debt levels; underlines, therefore, the importance of bringing down overall debt levels and rebuilding fiscal buffers, in line with EU fiscal rules;
Amendment 69 #
2019/2110(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the average level of debt-to-GDP is projected to decline; notes, however, that the average level still remains significantly above the level required by the Stability and Growth Pact; points out the possibility of rising debt service costs in the future once monetary accommodation is reduced, especially in the euro area; reminds that Member States continue to significantly exceed their pre-crisis public debt levels; underlines, therefore, the importance of bringing down overall debt levels and rebuilding fiscal buffers, in line with EU fiscal rules;
Amendment 81 #
2019/2110(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes, accordingly, with great concern that the average deficit levels appear to be increasing again and that in some Member States deficits above 3 % are projected; underlines that a significant part of the expected deficit expansion originates in countries with high government debt-to- GDP ratios;
Amendment 94 #
2019/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that growth-friendly structural reforms do not require fiscal space but rather legislative and administrative efforts aimed at strengthening market forces and private sector initiatives;
Amendment 95 #
2019/2110(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Asks the Commission to not only focus on public debt levels, but also take into account the implications for sustainable economic growth of an excessive rise in household and corporate debt;
Amendment 105 #
2019/2110(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reminds that debt service costs remain low mainly because of ECB low interest rates policy; recommends to consider the impact of potentially rising interest rates and risks arising from further expansion of the ECB's balance sheet;
Amendment 138 #
2019/2110(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Supports shifting the tax burden away from labour and strengthening effective education and training systems and effective investment in skills; stresses the effectiveness of flexible labour market policies;
Amendment 189 #
2019/2110(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that principle of European added value should represent the cornerstone of all EU funded investments; points out that EU funding should be accompanied by measurable objectives and outputs including a quantifiable and comparable evaluation mechanism that will allow to compare and rank the efficiency of individual EU programmes; underlines the importance of accountability and transparency for bodies that receive EU funding;
Amendment 201 #
2019/2110(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognises that public investments are limited as they represent scarce resources mostly funded by the taxpayers; underlines the need to prioritise the public investments according to their efficiency in order to support economic growth;
Amendment 203 #
2019/2110(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises the fiscal benefits of investment efficiency measurements and investment quality comparison; recommends the Commission to systematically monitor the value-for- money of EU funded projects and to publicise the evaluation criteria to maximise the benefits of public scrutiny;
Amendment 213 #
2019/2110(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Warns that boosting investment should not be seen as an alternative to productivity-enhancing reforms;
Amendment 215 #
2019/2110(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recalls that high levels of taxation in Europe are a hindrance to investments and jobs;
Amendment 260 #
2019/2110(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds Member States of the importance of committing to and delivering on the CSRs and recommendations of the European Court of Auditors;
Amendment 261 #
2019/2110(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls the positive practice of transparency in several Member States in the form of mandatory disclosure of contracts concluded by the public sector which supports the efficiency of public finances and promotes economic growth;
Amendment 264 #
2019/2110(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes the social priorities in the European semester; demands the necessary respect for the principles of subsidiarity and proportionality; stresses that Member States must continue to have sufficient flexibility in implementing an appropriate social policy;
Amendment 4 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market, reducing red tape that hampers the free movement of services, and developing the Digital Single Market should be prioritised in the 2020 Budget;
Amendment 5 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements with actual impact on economic growth in the Member States, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market and developing the Digital Single Market should be prioritised in the 2020 Budget;
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a robust and efficiently executed consumer policy that gives protection and predictability to consumers both offline and online, and confidence to businesses to provide their goods and services across the internal market;
Amendment 11 #
2019/2028(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the 2020 budget to contribute to the fulfilment of the priorities outlined in the European Semester, namely to deliver high-quality investment and reforms that increase productivity growth, continuing to ensure macro-financial stability and sound public finances, and deepening the Single Market, as well as the completion of the Economic and Monetary Union (EMU); recalls that structural reforms are integral to fulfilling these priorities;
Amendment 27 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Proposes to introduce, systematically monitor and regularly evaluate the Value for Money principle with aim to improve efficiency of all European expenditures which will contribute to higher effectiveness and bigger added value for European consumers as has been reiterated also by the Court of Auditors on many occasions; the European Union shall emphasise this principle within the budgetary process and EU funds absorption;
Amendment 32 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for adequate resources for the European Supervisory Authorities (ESAs) in view of their new tasks; calls for a thorough assessment and rationalisation of the new tasks assigned to them to ensure appropriate budgetary allocations only; underlines that the ESAs should continue to increase their efficiency without compromising on the quality of their work with a focus on continuous re- assessment of working methods and of effective use of human and financial resources; emphasises that the ESAs must stick to the tasks and to the mandate assigned to them by the European legislator;
Amendment 37 #
2019/2028(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for budgetary rationalisation at all levels. Emphasises the importance of budgetary accountability when delivering true value for money for the EU citizen;
Amendment 45 #
2019/2028(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the importance of accountability and transparency from those bodies that receive funding;
Amendment 11 #
2018/0412(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) According to the 2019 Final Report in the context of the ‘Study and Reports on the VAT Gap in the EU-28 Member States' prepared for the Commission, the VAT gap in Member States varies from 0,6% in Cyprus to 35,5% in Romania, which is a 50-fold difference.
Amendment 12 #
2018/0412(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) From information already held by payment service providers, they are able to identify the location of the payee and the payer in relation to the payment services they execute, based on an identifier of an individual payment account in a Member State used by that payer or payee or other identifier of the payer or payee and their location.
Amendment 14 #
2018/0412(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council46 , it is important that the obligation on a payment service provider, to retain and provide information in relation to a cross-border payment transaction, should be proportionate and should only be what is necessary for Member States to fight e-commerce VAT fraud. Furthermore, the only information relating to the payer that should be retained is where the payer is located. With regard to information relating to the payee and the payment transaction itself, payment service providers should only be required to retain and transmit to tax authorities information which is necessary for tax authorities to detect possible fraudsters and to carry out VAT controls. Therefore, payment service providers should only be required to retain records on cross-border payment transactions which are likely to indicate economic activities. The introduction of a ceiling based on the number of payments received by a payee over the course of a calendar quarter would give a reliable indication that those payments were received as part of an economic activity, thereby excluding payments for non- commercial reasons. Where such a ceiling is reached, the accounting obligation of the payment service provider would be triggered. In order to bring a balance between administrative obligations for service providers and better collection of VAT by Member States, payment service providers shall have a possibility to provide data in a form already easily available to them, i.e. either for each transaction individually or at an aggregate level. _________________ 46Regulation (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 L119, 04.05.2016, p.1).
Amendment 16 #
2018/0412(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) When a transaction from a payer to a payee involves intermediary payment service providers, the reporting and record keeping obligation shall apply only to a final service provider.
Amendment 24 #
2018/0412(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2006/112/EC
Article 243a – point 3 a (new)
Article 243a – point 3 a (new)
(3 a) ‘cross-border payment‘ means a payment when the payer is located in one Member State and the payee is located in another Member State, in a third territory or in a third country;
Amendment 25 #
2018/0412(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2006/112/EC
Article 243b – paragraph 1
Article 243b – paragraph 1
1. Member States shall ensure that payment service providers keep sufficiently detailed records of the payees and of the payment transactions in relation to payment servicescross-border payment they execute for each calendar quarter to enable the competent authorities of the Member States to carry out controls of the supplies of goods and services which in accordance with the provisions of Title V are deemed to take place in a Member State.
Amendment 38 #
2018/0412(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2006/112/EC
Article 243c – paragraph 1 – point a
Article 243c – paragraph 1 – point a
(a) the IBAN of the payer’s payment account or any other identifier which unambiguously identifies the payer and his location;
Amendment 40 #
2018/0412(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2006/112/EC
Article 243d – paragraph 1 – introductory phrase
Article 243d – paragraph 1 – introductory phrase
1. The records kept by the payment service providers related to cross-border payment transaction, in accordance with Article 243b, shall contain any of the following information available to payment service provider: