644 Amendments of Rob ROOKEN
Amendment 22 #
2023/2054(INI)
Motion for a resolution
Recital E
Recital E
E. whereas streaming music is now the main way in which people around the world enjoy music, providing access to up to 300 million tracks, available anywhere, anytime and on all kinds of devices, for a comparatively low monthly subscription fee;
Amendment 22 #
2023/2054(INI)
Motion for a resolution
Recital E
Recital E
E. whereas streaming music is now the main way in which people around the world enjoy music, providing access to up to 300 million tracks, available anywhere, anytime and on all kinds of devices, for a comparatively low monthly subscription fee;
Amendment 24 #
2023/2054(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, aluthough authors, composers and performers are at the heart of music creation, they are neither recognised nor remunerated in a way that reflects the true extent of their contribution, receiving very low revenues generated by the music streaming market, which creates a significant imbalance over time that needs to be addressed and should receive adequate streaming revenues;
Amendment 24 #
2023/2054(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, aluthough authors, composers and performers are at the heart of music creation, they are neither recognised nor remunerated in a way that reflects the true extent of their contribution, receiving very low revenues generated by the music streaming market, which creates a significant imbalance over time that needs to be addressed and should receive adequate streaming revenues;
Amendment 37 #
2023/2054(INI)
Motion for a resolution
Recital G
Recital G
G. whereas music streaming platforms, through their use of algorithms and recommendation systems, play a decisive role in determining what subscribers listen ton important role in the discovery of content and therefore have a significant impact on cultural diversity;
Amendment 37 #
2023/2054(INI)
Motion for a resolution
Recital G
Recital G
G. whereas music streaming platforms, through their use of algorithms and recommendation systems, play a decisive role in determining what subscribers listen ton important role in the discovery of content and therefore have a significant impact on cultural diversity;
Amendment 41 #
2023/2054(INI)
Motion for a resolution
Recital H
Recital H
H. whereas these platforms operate in a legal vacuum with regard to transparency and the promotion of European works, as they are under no obligation at EU level to ensure any transparency on the func services distributing music have not been regulated at EU level until now with regard to the promotioning of their operationEuropean works;
Amendment 41 #
2023/2054(INI)
Motion for a resolution
Recital H
Recital H
H. whereas these platforms operate in a legal vacuum with regard to transparency and the promotion of European works, as they are under no obligation at EU level to ensure any transparency on the func services distributing music have not been regulated at EU level until now with regard to the promotioning of their operationEuropean works;
Amendment 52 #
2023/2054(INI)
Motion for a resolution
Recital K
Recital K
K. whereas several cases of streaming fraud and manipulation or streams by fake artists have been identified, as certain players manipulate the system to skim off revenues that should go to authors, for example, by using bots to artificially inflate the number of listeners for certain songs;
Amendment 52 #
2023/2054(INI)
Motion for a resolution
Recital K
Recital K
K. whereas several cases of streaming fraud and manipulation or streams by fake artists have been identified, as certain players manipulate the system to skim off revenues that should go to authors, for example, by using bots to artificially inflate the number of listeners for certain songs;
Amendment 62 #
2023/2054(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to createsupport a fair and sustainable ecosystem for music streaming in the EU that both promotes cultural diversity and corrects theaddresses the potential imbalances that threaten the sector;
Amendment 62 #
2023/2054(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to createsupport a fair and sustainable ecosystem for music streaming in the EU that both promotes cultural diversity and corrects theaddresses the potential imbalances that threaten the sector;
Amendment 67 #
2023/2054(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that the current imbalance in revenue allocation in the music streaming marketindustry disfavours both authors and performers and puts the sustainability of their professional career in the digital market at risk;
Amendment 67 #
2023/2054(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that the current imbalance in revenue allocation in the music streaming marketindustry disfavours both authors and performers and puts the sustainability of their professional career in the digital market at risk;
Amendment 85 #
2023/2054(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns the existence of so- called payolaany schemes, which would force authors to accept lower revenues in exchange for greater visibility, thereby further reducing their already very low streaming revenues, while the promise of greater visibility remains unfulfilled in most cases;
Amendment 85 #
2023/2054(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Condemns the existence of so- called payolaany schemes, which would force authors to accept lower revenues in exchange for greater visibility, thereby further reducing their already very low streaming revenues, while the promise of greater visibility remains unfulfilled in most cases;
Amendment 100 #
2023/2054(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that action at EU level must be taken to guaranteeny initiative taken at EU level on the visibility and accessibility of European works should be based on evidence, considering the wealth of content currently available on music streaming platforms;
Amendment 100 #
2023/2054(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that action at EU level must be taken to guaranteeny initiative taken at EU level on the visibility and accessibility of European works should be based on evidence, considering the wealth of content currently available on music streaming platforms;
Amendment 102 #
2023/2054(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to propose a legal framework to ensure the prominence andassess the current situation regarding visibility and accessibility of European works, based on input from all the stakeholders in the music ecosystem, and the possible need for measures on the discoverability of European works on the music streaming platforms;
Amendment 102 #
2023/2054(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to propose a legal framework to ensure the prominence andassess the current situation regarding visibility and accessibility of European works, based on input from all the stakeholders in the music ecosystem, and the possible need for measures on the discoverability of European works on the music streaming platforms;
Amendment 107 #
2023/2054(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 107 #
2023/2054(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 111 #
2023/2054(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 111 #
2023/2054(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 121 #
2023/2054(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to reflect on the possibility of imposing quotas on European works on music streaming platfgather objective data, and create a stakeholder dialogue between all the parties to examine concrete solutions to ensure the visibility of European wormks;
Amendment 121 #
2023/2054(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to reflect on the possibility of imposing quotas on European works on music streaming platfgather objective data, and create a stakeholder dialogue between all the parties to examine concrete solutions to ensure the visibility of European wormks;
Amendment 127 #
2023/2054(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to propose legal obligations to ensurefor the transparency of the algorithms and content recommendation systems of very large music streaming platforms, with a view to preventing fraudulent and unfair streaming manipulation practices, such as streaming fraud and fake artists that are used to reduce costs and further lower value for professional authors, as well as to ensure cultural diversitypractices;
Amendment 127 #
2023/2054(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to propose legal obligations to ensurefor the transparency of the algorithms and content recommendation systems of very large music streaming platforms, with a view to preventing fraudulent and unfair streaming manipulation practices, such as streaming fraud and fake artists that are used to reduce costs and further lower value for professional authors, as well as to ensure cultural diversitypractices;
Amendment 5 #
2023/2053(INI)
Motion for a resolution
Recital C
Recital C
C. whereas books, in particular printed books, also play a particularly important role in a person’s life from a very young age, by contributing to children’s cognitive, emotional and social development;
Amendment 15 #
2023/2053(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the vast majority of European publishers are SMEs or even microenterprises;
Amendment 23 #
2023/2053(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the governments of some Member States have exerted influence and regulatory pressure on the book sector, which negatively impacts on freedom of expression and conflicts with EU values;
Amendment 42 #
2023/2053(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the lack of interoperability between e-book formats reinforces the position of dominant market players, whilst restricting consumer choice and protection;
Amendment 47 #
2023/2053(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Member States to recognise printed books as essential goods and take measures at national level to further promote reading from an early age;
Amendment 81 #
2023/2053(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Member States to foster cultural diversity by increasing the acquisition budget of libraries, so that they can further expand the range of printed books that they offer, and supporting local bookshops;
Amendment 94 #
2023/2053(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Recalls that the ability of the book sector to maintain a diverse network of booksellers and innovation-driven market relies on proper education and training that allows people to pursue a career in the book industry;
Amendment 106 #
2023/2053(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for more support for certain literary genres and for children’s books, in particular, to be promoted by establishing a ‘first book programme’ or similar initiatives to encourage reading at national level;
Amendment 111 #
2023/2053(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the social role of libraries as places where citizens meet with authors and exchange views, in particular in small towns and less developed regions;
Amendment 122 #
2023/2053(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the various initiatives to support Ukraine since the beginning of the war, and particularly those to ensure that children have access to books and to facilitate the integration of refugees and the protection of Ukrainian culture;
Amendment 128 #
2023/2053(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to support the sector in its green transition, and especially SMEs, in particular through direct funding and by promoting research into more environmentally friendly and sustainable methods of producing printed books;
Amendment 5 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. SupportNotes the proposals made by the plenary of the Conference on the Future of Europe (‘the Conference’) of 9 May 2022 in relation to the field of civil liberties, justice and home affairs1 ; calls upon the Union to more systematically uphold the rule of law principles and ensure fundamental rights protecwithin its institutions, and to scrutinize respect for these values and principles, both in the accession of new members anincluding in cases of abuses of competence, lobbying, favouritism towards selected countinually across all Union policies and across the Member Stateries or companies and unacceptable ideological bias; _________________ 1 In particular the following proposals: 22, 25, 26, 27, 28, 29, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45.
Amendment 8 #
2022/2051(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Negatively assesses the outcome of the Conference on the Future of Europe as the citizens, Member States and national parliamentarians were effectively caught in a coordinated pincer movement organised by the federalist caucus in the European Parliament and its allies in the centralist panEuropean NGOs;
Amendment 11 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the abolishment ofStrongly opposes the proposal to abolish all unanimity requirements in the Treaties for adopting legislation in the area of freedom, security and justice, including for the use of passerelle clauses as the events of the last years show that the majority voting mechanism introduced by the Lisbon Treaty does not sufficiently guarantee the rights of the smaller states, and a further move away from unanimity will only exacerbate this problem, because imposition of qualified majority voting carries the risk of increasing disparities between Member States, as well as the domination of the largest states in Union policy-making;
Amendment 32 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 44 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for the inclusion of the Charter of fundamental rights as the second chapter of the EU Treaty in order for fundamental rights and freedoms to feature more prominently in the founding Treaties; calls for the inclusion in the Treaties of a fundamental rights mainstreaming provision similar to Articles 8, 9 and 10 TFEU, so as to make the Union’s horizontal obligation to incorporate a fundamental rights perspective in all policies at all levels and at all stages explicit, hence reminding the co-legislators just as all Union institutions, bodies, offices and agencies and the Member States when they are implementing Union law to respect EU fundamental rights and promote their application in all their activities; considers it necessary, in addition, to make it mandatory for Union institutions to include fundamental rights monitoring mechanisms and related evaluation clauses whenever legislating in fundamental rights-sensitive policy areas, including the area of freedom, security and justice (enhanced fundamental rights mainstreaming)Stresses that the nature of Member States' obligations under the Charter is limited, i.e. confined to their implementation of Union law; in view of the progressive extension of Union law to further areas, underlines the importance of the principles of subsidiarity, as expressed in Article 51 of the Charter, and respect for the limits of the powers of the Union as conferred on it in the Treaties;
Amendment 50 #
2022/2051(INL)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 59 #
2022/2051(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Requests giving the FRA a foundation in the Treaties, including laying down, in accordance with the UN General Assembly’s Paris Principles of 1993, itStresses that the FRA's status as an authorit body independent ofrom both the EU institutions and the Member States, its powers and its new mandate, and introducing the ordinary legislative procedure for amending it should be considered fulfilled in the current state of law, and that there is no need to amend the Treaties in this respect; recalls that Regulation (EU) 2022/555 amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights emphasises in several recitals mandate articles the independence of both the Agency and its members;
Amendment 61 #
2022/2051(INL)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 64 #
2022/2051(INL)
Draft opinion
Paragraph 9
Paragraph 9
Amendment 68 #
2022/2051(INL)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 71 #
2022/2051(INL)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 92 #
Amendment 93 #
2022/2051(INL)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 97 #
2022/2051(INL)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 102 #
2022/2051(INL)
Draft opinion
Paragraph 16
Paragraph 16
Amendment 1791 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. From 1 January 2030, economic operators making large household appliances listed in point 21 of Annex II to Directive 2012/19/EU available on the market for the first time within the territory of a Member State shall ensure that 90 % of those products are made available in reusable transport packaging within a system for re-use, or cardboard packaging.
Amendment 1974 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
(b) from 1 January 2040, 530 % of such packaging used is reusable packaging within a system for re-use;
Amendment 2007 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – introductory part
Article 26 – paragraph 10 – introductory part
10. Economic operators using grouped packaging in the form of boxes, excluding cardboard, used outside of sales packaging to group a certain number of products to create a stock-keeping or distribution unit shall ensure that:
Amendment 2030 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Transport packaging used by an economic operator shall be reusable, or consist of more than 90% of material that is recycled at scale, where it is used for transporting products:
Amendment 2041 #
2022/0396(COD)
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, excluding materials that are recycled at scale, including flexible formats.
Amendment 2076 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials, excluding material that is recycled at scale, including flexible formats.
Amendment 2101 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 14 – point b a (new)
Article 26 – paragraph 14 – point b a (new)
(ba) more than 90% of the material in the products used is recycled at scale and meets the recycling rate targets at Union level set out in Article 46(1), point (d), of this Regulation.
Amendment 2134 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 2724 #
2022/0396(COD)
Proposal for a regulation
Annex V – row 2
Annex V – row 2
Single use Nets, bags, plastic trays, packaging, containers single use Single use plastic packaging for less than 1.5 kg composite 1.5 kg fresh fruit and vegetables, unless there is a 2. packaging or there is a demonstrated need to avoid water loss or other single loss or turgidity loss, microbiological hazards or use packaging hazards or physical shocks. for fresh fruit and vegetables
Amendment 161 #
2022/0277(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The free flow of trustworthy information is essential in a well- functioning internal market for media services. Therefore, the provision of media services should not be subject to any restrictions contrary to this Regulation or other rules of Union law, such as Directive 2010/13/EU of the European Parliament and of the Council48providing for measures necessary to protect users from illegal and harmful content. Restrictions could also derive from measures applied by national public authorities in compliance with Union law. _________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1-24).
Amendment 175 #
2022/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Journalists and editors are the main actors in the production and provision of trustworthy media content, in particular by reporting on news or current affairs. It is essential therefore to protect journalists’ capability to collect, fact-check and analyse information, including information imparted confidentially. In particular, media service providers and journalists (including those operating in non-standard forms of employment, such as freelancers) should be able to rely on a robust protection of journalistic sources and communications, including against deployment of surveillance technologies, since without such protection sources may be deterred from assisting the media in informing the public on matters of public interest. As a result, journalists’ freedom to exercise their economic activity and fulfil their vital ‘public watchdog’ role may be undermined, thus affecting negatively access to quality media services. The protection of journalistic sources contributes to the protection of the fundamental right enshrined in Article 11 of the Charter.
Amendment 234 #
2022/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions in agreement with the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission. The secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
Amendment 284 #
2022/0277(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudice to their obligations under Regulation (EU) 2022/XXX [the Digital Services Act]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX [the Digital Services Act]. _________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
Amendment 469 #
2022/0277(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘State advertising’ means the placement, publication or dissemination, in any media service, of a promotional or self-promotional message, normally in return for payment or for any other consideration, by, for or on behalf of any national or regional public authority, such as national, federal or regional governments, regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level, or any local government of a territorial entity of more than 1 million inhabitants;
Amendment 552 #
2022/0277(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Duties of media service providers providing news and current affairs content
Amendment 556 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services the following information:
Amendment 560 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) their legal name and, contact details and registration numbers;
Amendment 563 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) whether and if so to what extent their direct or beneficial ownership is held by the government, a state institution, state-owned enterprise or other public body;
Amendment 565 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
(ab) the interests, links or activities of their owners and their family members in other media or non-media businesses;
Amendment 593 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 597 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. National regulatory authorities or bodies established in accordance with Directive 2010/13/ EU shall establish national databases of media ownership.
Amendment 605 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Without prejudice to national constitutional laws consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions within the frame of the editorial line of the media company. In particular, such measures shall aim to:
Amendment 617 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) guarantee that editors and journalists are free to take individual editorial decisions in the exercise of their professional activity; and
Amendment 635 #
2022/0277(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 708 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Board, in agreement with the Commission, may invite experts and observers to attend its meetings.
Amendment 726 #
2022/0277(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
Amendment 774 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) advise the Commission, where requested by it, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
Amendment 785 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
Amendment 793 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
Amendment 805 #
2022/0277(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
Article 12 – paragraph 1 – point f – introductory part
(f) upon request of the Commission, draw up opinions with respect to:
Amendment 1132 #
2022/0277(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Board, upon request of the Commission, shall draw up an own- initiative opinion where a national legislative, regulatory or administrative measure is likely to affect the functioning of the internal market for media services. Following the opinion of the Board, and without prejudice to its powers under the Treaties, the Commission may issue its own opinion on the matter. Opinions by the Board and, where applicable, by the Commission shall be made publicly available.
Amendment 1176 #
2022/0277(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions;
Amendment 1210 #
2022/0277(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2). The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
Amendment 1279 #
2022/0277(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Public authorities, including national, federal or regional governments, regulatory authorities or bodies, as well as state-owned enterprises or other state- controlled entities at the national or regional level, or local governments of territorial entities of more than 1 million inhabitants, shall make publicly available accurate, comprehensive, intelligible, detailed and yearly information about their advertising expenditure allocated to media service providers, which shall include at least the following details:
Amendment 275 #
2022/0196(COD)
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal.
Amendment 361 #
2022/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are a sustainable control alternative to the use of chemical products 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 organic farming. Access to biological controls facilitates moving away from chemical plant protection products. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. However, action must be taken to prevent food security and livelihoods in the EU and globally from being jeopardised. 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 370 #
2022/0196(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The objective of the Farm to Fork Strategy is to make substantial progress in the reduction of the use of chemical plant protection products in an economically viable way. In order to achieve that aim, it is necessary to set quantified targets at Union and Member State levels for the reduction in the use and risk of chemical plant protection products and the use of more hazardous plant protection products to monitor progress. In this connection it is important to take a detailed look at the specific impact of a given plant protection product on the environment and, in the process, in line with the Treaties, to opt for a Member-State-specific approach. National targets should be established by national law in order to ensure adequate progress and accountability in relation to them. These binding national targets should also be achieved by Member States by 2030, where possible, unless that puts pressure on food affordability. The reduction in the use of chemical plant protection products is expected to significantly reduce occupational safety and health risks for professional users.
Amendment 392 #
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 flexibility when setting their own binding national targets (“national 2030 reduction targets”). Intensity of use is best measured by dividing the total quantity of active substances placed on the market, and therefore used, in the form of plant protection products in a particular Member State by the surface area over which the active substances were applied. In this connection it should be possible to take account of Member- State-specific characteristics, and the environmental impact of those active substances in a specific Member State. Intensity in the use of chemical 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 sustainable farming practices. It is therefore appropriate to allow Member States to take their lower intensity of use of chemical 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 chemical pesticides than the Union average into account in setting 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 chemical 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 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. 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 exposure 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 crops. 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 chemical 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 435 #
2022/0196(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In accordance with Article 191(2) TFEU, the Union must take into account the diversity of situations in the Member States when laying down its environmental policy. In order to reflect the Treaties, the reduction targets included in this Regulation should be taken to mean a best-efforts obligation rather than an obligation to achieve a result.
Amendment 436 #
2022/0196(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) It is important to recognise that Member States should be given a degree of discretion in discharging the best- efforts obligation in this Regulation. Member States should remain free to balance interests between, inter alia, rural vitality, economic activities, food security, affordability of healthy food and pesticide use reduction.
Amendment 516 #
2022/0196(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) 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. 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 bare allowed under certain conditions and on a case-by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on 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).
Amendment 519 #
2022/0196(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Since Member States are very different from each other, for example in terms of surface area or share of agricultural sector, Member States should be given sufficient leeway to assess the conditions under which they allow the use of plant protection products in publicly accessible areas. However, it is important that Member States establish clear prior conditions on the basis of which they allow the use of plant protection products in publicly accessible areas.
Amendment 643 #
2022/0196(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
Amendment 659 #
2022/0196(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) It is desirable that the Council and Parliament are able to regularly express their views on the desirability of this Regulation. In this way, the people of the Union continue to have a means – including through Parliament – of expressing their views on the desirability of this Regulation. Therefore, this Regulation should lapse by operation of law. However, the Commission must have the power to postpone this automatic expiry date by five years by adopting a delegated act. The Commission may adopt such a delegated act postponing the automatic expiry of this Regulation only once for each five-year application period.
Amendment 660 #
2022/0196(COD)
Proposal for a regulation
Recital 49 b (new)
Recital 49 b (new)
(49b) According to Article 241 TFEU, the Council, acting by simple majority, may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. The Council may, on the basis of the report referred to in Article 42 of this Regulation or for economic and social reasons, request the Commission to amend or repeal this Regulation. If the Commission does not submit a proposal, it must inform the Council and Parliament.
Amendment 2455 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide information to the public, in particular through awareness-raising programmes, in relation to the risks associated with the use of plant protection products. At the same time, it shall also give information on the need to use plant protection products. The competent authority shall provide nuanced and balanced information.
Amendment 2491 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point f a (new)
Article 27 – paragraph 3 – point f a (new)
(fa) the need to use plant protection products;
Amendment 2493 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point f b (new)
Article 27 – paragraph 3 – point f b (new)
(fb) the standards that European farmers have to comply with, compared to standards that have to be met by farmers in countries with which the European Union has a free trade agreement.
Amendment 2713 #
2022/0196(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 – introductory part
Article 42 – paragraph 1 – subparagraph 1 – introductory part
By … [OP: please insert the date = fourtwo years after the date of application of this Regulation], and every two years thereafter, the Commission shall carry out an evaluation of this Regulation based on the following:
Amendment 2719 #
2022/0196(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 – point d a (new)
Article 42 – paragraph 1 – subparagraph 1 – point d a (new)
(da) the impact of this Regulation on the affordability of healthy food in the European Union, taking account of the total cost of living, with particular attention being paid to the position of minimal- and middle-income households.
Amendment 2723 #
2022/0196(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall present a report on the mainthe findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions in a report.
Amendment 2725 #
2022/0196(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. Should the Commission conclude in its report that there is a negative impact on the affordability of healthy food, it shall include measures in its report to reverse that negative impact. Where appropriate, those measures may include action to adapt this Regulation or other relevant Union legislation.
Amendment 2728 #
2022/0196(COD)
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a Council request to repeal this Regulation On the basis of the report referred to in Article 22, or major changes in the environmental, economic or social situation within the Union, the Council, acting by simple majority, may request the Commission to submit to the European Parliament a legislative proposal to amend or repeal this Regulation. If the Commission does not submit such a legislative proposal, or does not do so in time, it shall inform the Council and Parliament.
Amendment 2742 #
2022/0196(COD)
Proposal for a regulation
Article 45 a (new)
Article 45 a (new)
Article 45a Automatic disapplication 1. This Regulation shall cease to apply on 31 December 2027. 2. Power is delegated to the Commission to adopt a delegated act to postpone disapplication for a five-year period by 31 October 2027, and every five years thereafter.
Amendment 189 #
Amendment 267 #
2022/0195(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems.62 Evidence shows that restoring agro-ecosyTherefore, this regulation must not in any way further challenge, or in any way undermine, food security in the European Union, or in Member States. The Commission must take appropriate stemps has positive impacts on food productivity in the long-term, and that the restoration of nature actsoon as there is the slightest indication that food security, safety, or affordability is under pressure and there is also the slightest reason to believe that this ais an insurance policy to ensure the EU’s long-term sustainability and resiliencecaused by this regulation. In particular, this may involve the Commission submitting a proposal to the Council and Parliament to repeal or amend this regulation. _________________ 62 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 272 #
2022/0195(COD)
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability.63 The European Parliament underlined this need in its initiative report, stressing the wide differences between Member States, and underlined the principle of subsidiarity. _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 282 #
2022/0195(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Council Directive 92/43/EEC65 and Directive 2009/147/EC of the European Parliament and of the Council66 aim to ensure the long-term protection, conservation and survival of Europe's most valuable and threatened species and habitats as well as the ecosystems of which they are part. Natura 2000, which was established in 1992 and is the largest coordinated network of protected areas in the world, is the key instrument implementing the objectives of those two Directives. It should be noted that implementing and enforcing this directive in some Member States, especially the smaller ones, is creating very serious problems, especially in the areas of agricultural supply, and the construction of housing. This simultaneously demonstrates the democratic deficit at work in the Union. Whereas in a functioning democracy, voters have the opportunity to influence policy when the implementation and enforcement of laws and regulations is problematic, this option is not available, or only minimally, when it comes to European legislation. _________________ 65 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). 66 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 288 #
2022/0195(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000. However, it should be noted, that a member state cannot be asked to do the impossible. Implementing this regulation, or the aforementioned directives, should not have a disproportionate impact on infrastructure projects in a member state, or on the agricultural sector. In particular, as this regulation has been established through an ordinary legislative procedure, it should not cover those policy areas mentioned in Article 192(2) TFEU, as those areas require a special legislative procedure, with the centre of gravity of decision- making resting with the Council.
Amendment 294 #
2022/0195(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline for achieving that goal. Similarly, Directive 2009/147/EC does not establish a deadline for the recovery of bird populations in the Union. It is desirable to keep it like this, because each Member State has a different starting point. The Union legislator, while respecting the principles of subsidiarity and proportionality, should refrain from setting deadlines and quantified targets, partly because these targets are not achievable for every Member State, especially small Member States.
Amendment 296 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 302 #
2022/0195(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 304 #
2022/0195(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 306 #
2022/0195(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 308 #
2022/0195(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restorationmaintenance measures, with a view to de maintaining and only where possible improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, and to re-establishmaintaining those habitats and to improvmaintaining their connectivity, show a continuous improvement until good condition is reachedtake effect, without this having a disproportionate effect on society. Where the latter is the case, the Commission should, together with the Member State concerned, find an appropriate solution and, where appropriate, present a legislative proposal to adapt this regulation, or Directive 92/43/EEC.
Amendment 313 #
2022/0195(COD)
Proposal for a regulation
Recital 32
Recital 32
Amendment 316 #
2022/0195(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 322 #
2022/0195(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is important to ensure a gradual increase of the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species, without this having disproportionate effects on other legitimate interests of a Member State, including, for example, maintaining the agricultural sector, housing construction, or other infrastructure projects. However, it is important to note that wind turbines drastically reduce wild bird populations, including bald eagles. Additionally, solar lawns have a really dramatic effect on biodiversity. When Member States want to progressively improve the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, they would do well to look first of all at the impact of wind and solar parks on biodiversity. The recommendation is to rehabilitate wind turbines in particular in the short term, as this not only saves the lives of many wild birds, but also significantly beautifies the landscape. Should Member States be looking for a way to meet their energy needs in a clean way, they are recommended to invest in nuclear power.
Amendment 329 #
2022/0195(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC. Additionally, there should be an explicit possibility to create a general exception based on a specific situation in a Member State.
Amendment 532 #
2022/0195(COD)
Proposal for a regulation
Recital 78 a (new)
Recital 78 a (new)
(78a) According to Article 241 TFEU, the Council, acting by simple majority, may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. The Council may, on the basis of the report referred to in Article 22 of this Regulation or for economic and social reasons, request the Commission to amend or repeal this Regulation. If the Commission does not submit a proposal, it must inform the Council and Parliament.
Amendment 533 #
2022/0195(COD)
Proposal for a regulation
Recital 78 b (new)
Recital 78 b (new)
(78b) It is desirable that the Council and Parliament are able to regularly express their views on the desirability of this Regulation. In this way, the people of the Union continue to have a means – including through Parliament – of expressing their views on the desirability of this Regulation. Therefore, this Regulation should lapse by operation of law. However, the Commission must have the power to postpone this automatic expiry date by five years by adopting a delegated act. The Commission may adopt such a delegated act postponing the automatic expiry of this Regulation only once for each five-year application period.
Amendment 720 #
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 condition areas of habitat types listed in Annex I which are not in good condition. 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 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 739 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. 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 types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 798 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 938 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 960 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 954 #
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 condition 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 area of each group of habitat types listed in Annex II that is 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 975 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. 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. 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 types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 1140 #
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 960 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1306 #
Amendment 1575 #
2022/0195(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Indicative targets 1. The targets described in this chapter are indicative targets. Under no circumstance do they have a binding character. 2. If significant changes in the environmental, economic or social situation make it impossible to achieve the targets in a Member State, the Member State shall inform the Commission accordingly. 3. Notwithstanding paragraph 1, the Commission must have the power to adopt delegated acts to reduce the indicative targets set out in this Chapter for a specific Member State at its request.
Amendment 1917 #
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 105% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1936 #
2022/0195(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall take due account of any observations from the Commission in its final national restoration plan.
Amendment 2171 #
2022/0195(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission shall evaluate the application of this Regulation by 31 December 2035is Regulation by 31 December 2030 and every two years thereafter to assess the impact of this Regulation, in particular on the agricultural sector and the supply of safe and secure food.
Amendment 2178 #
2022/0195(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall present a report on the main findings of the evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of Regions. WThe re the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment ofport shall address in particular the position of the agricultural sector, the supply of safe and reliable food, especially protein from animal products. The report must also specifically address the situation in individual Member States. Where the implementation of this Regulation places an exceptionally heavy burden on a Member State, the report shall explicitly mention this. In such a case, the Commission shall not omit any opportunity to come to the aid of that Member State, including by presenting a legislative proposal amending this Regulation, in order to assist that Member State. The report shall further, if there is the slightest reason to do so, in order to safeguard food security or the position of the agricultural sector, be accompanied by a legislative proposal amending relevant provisions of this Regulation, taking into account the need to establishset additional restorationcovery targets, on the basedis onf common methods for assessing the conditionstate of ecosystems not covered by Articles 4 and 5, and the most recenlatest scientific evidence. data.
Amendment 2186 #
2022/0195(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Automatic disapplication 1. This Regulation shall cease to apply on 31 December 2027. 2. Power is delegated to the Commission to adopt a delegated act to postpone disapplication for a five-year period by 31 October 2027, and every five years thereafter.
Amendment 2187 #
2022/0195(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Council request to repeal this Regulation On the basis of the report referred to in Article 22, or major changes in the environmental, economic or social situation within the Union, the Council, acting by simple majority, may request the Commission to submit to the European Parliament a legislative proposal to amend or repeal this Regulation. If the Commission does not submit such a legislative proposal, or does not do so in time, it shall inform the Council and Parliament.
Amendment 277 #
2022/0155(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal (COM(2022)0209).
Amendment 279 #
2022/0155(COD)
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal (COM(2022)0209).
Amendment 311 #
2022/0155(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to be misused for the purpose of online child sexual abuse. As they are increasingly misused for that purpose, those services should include publicly available number independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those service as publicly available. As services which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equally at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.
Amendment 326 #
2022/0155(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to minimising the risk that their services are misused for the dissemination of known or new child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number independent interpersonal communications services should assess such risk for each of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is updated regularly and when needed for particular reasons.
Amendment 338 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
Amendment 348 #
2022/0155(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number independent interpersonal communications services should, when designing and implementing the mitigation measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigation measures should reasonably be taken in a given situation, account should also be taken of the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigation measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self- regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measures.
Amendment 354 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abuse, and where the provider refuses to cooperate with Coordinating Authorities and the Centre, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection orders as a last resort. In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available interpersonal communications services, and that solicitation of children mostly takes place in publicly available interpersonal communications services, it should only be possible to address detection orders to providers of such services.
Amendment 374 #
2022/0155(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, to avoid undue interference with fundamental rights and ensure proportionality, when it is established that those requirements have been met and a detection order is to be issued, it should still be ensured that the detection order is targeted and specified so as to ensure that any such negative consequences for affected parties do not go beyond what is strictly necessary to effectively address the significant risk identified. This should concern, in particular, a limitation to an identifiable part or component of the service where possible without prejudice to the effectiveness of the measure, such as specific types of channels of a publicly available number independent interpersonal communications service, or to specific users or specific groups of users, to the extent that they can be taken in isolation for the purpose of detection, as well as the specification of the safeguards additional to the ones already expressly specified in this Regulation, such as independent auditing, the provision of additional information or access to data, or reinforced human oversight and review, and the further limitation of the duration of application of the detection order that the Coordinating Authority deems necessary. To avoid unreasonable or disproportionate outcomes, such requirements should be set after an objective and diligent assessment conducted on a case-by-case basis.
Amendment 382 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available number independent interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless ofilored to the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an importantessential tool to guarantee the security and confidentiality of the communications of users, including those of children. Detection orders should not under any circumstances be interpreted as prohibiting, weaking and breaking (including de facto) encryption or (including de facto) leading to the creation of any kind of backdoor. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users. If the provider reasonably believes that complying with a detection order will inevitably lead to undermining the security and confidentiality of the communications of its users, it should suspend its execution and challenge it in accordance with the procedure outlined in article 9.
Amendment 383 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use ofIn accordance with Article 6a, nothing in this regulation shall be interpreted as prohibiting, or compromising the integrity and confidentiality of, end-to-end encryptied con technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennt or communications through client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provides third party actors with access to the end-to-end encrypted content and communications. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 389 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) End-to-end encryption is an essential tool to guarantee the security, privacy and confidentiality of the communications between users, including those of children. Any weakening of the end-to-end encryption's effect could potentially be abused by malicious third parties. Nothing in this Regulation should therefore be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communications shall be understood the processing of any data, that would compromise or put at risk the integrity and confidentiality of the aforementioned end-to-end encrypted content. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side-channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communication services provide third party actors access to the end-to-end encrypted content and communications.
Amendment 392 #
2022/0155(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The act of ‘breaking’ encryption refers to the act of defeating or bypassing the encryption protocol used to secure a communication. Any access by any third- party that was not meant to access, read or edit the content of that communication that was supposed to be private and secure should be considered as bypassing encryption.
Amendment 406 #
2022/0155(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, as well as to identify false positives and avoid to the extent erroneous reporting to the EU Centre, providers should ensure human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available number independent interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.
Amendment 409 #
2022/0155(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potentialnumber independent interpersonal communications services should report on online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonableserious grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. TWherever possible, those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.
Amendment 425 #
2022/0155(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported by providers of hosting services or providers of publicly available number independent interpersonal communications services in accordance with this Regulation.
Amendment 456 #
2022/0155(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blocking obligations imposed on providers of hosting services, providers of publicly available number independent interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.
Amendment 462 #
2022/0155(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) For the purpose of ensuring the traceability of the reporting process and of any follow-up activity undertaken based on reporting, as well as of allowing for the provision of feedback on reporting to providers of hosting services and providers of publicly available number independent interpersonal communications services, generating statistics concerning reports and the reliable and swift management and processing of reports, the EU Centre should create a dedicated database of such reports. To be able to fulfil the above purposes, that database should also contain relevant information relating to those reports, such as the indicators representing the material and ancillary tags, which can indicate, for example, the fact that a reported image or video is part of a series of images and videos depicting the same victim or victims.
Amendment 468 #
2022/0155(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to avoid erroneous reporting of online child sexual abuse under this Regulation and to allow law enforcement authorities to focus on their core investigatory tasks, reports should pass through the EU Centre. The EU Centre should assess those reports in order to identify those that are manifestly unfounded, that is, where it is immediately evident, without any substantive legal or factual analysis, that the reported activities do not constitute online child sexual abuse. Where the report is manifestly unfounded, the EU Centre should provide feedback to the reporting provider of hosting services or provider of publicly available number independent interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps, such as reinstating material wrongly removed. As every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse, reports should be processed as quickly as possible.
Amendment 489 #
2022/0155(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available number independent interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.
Amendment 493 #
2022/0155(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) Regulation (EU) 2021/1232 of the European Parliament and of the Council45provides for a temporary solution in respect of the use of technologies by certain providers of publicly available number independentinterpersonal communications services for the purpose of combating online child sexual abuse, pending the preparation and adoption of a long-term legal framework. This Regulation provides that long-term legal framework. Regulation (EU) 2021/1232 should therefore be repealed. _________________ 45 Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number- independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (OJ L 274, 30.7.2021, p. 41).
Amendment 499 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of interpersonal communication services to detect and report online child sexual abuse where there is reasonable cause to suspect such illegal behaviour;
Amendment 504 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of interpersonal communication services to detect and report online child sexual abuscooperate with the EU Centre;
Amendment 505 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point c
Article 1 – paragraph 1 – subparagraph 2 – point c
(c) obligations on providers of hosting services to remove or disable access to known child sexual abuse material on their services;
Amendment 514 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d
Article 1 – paragraph 1 – subparagraph 2 – point d
(d) obligations on providers of internet access services to disable access to known child sexual abuse material;
Amendment 540 #
2022/0155(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. To ensure fundamental rights laid down in the European Union's, the Council of Europe's and the United Nation's human rights charters, core fundaments of our democratic society and the rule of law - citizens' right to privacy and private correspondence must be upheld. Therefore, detection orders can only be issued towards persons suspected of criminal activity. There shall be no general monitoring of ordinary law- abiding citizens and users of interpersonal communication services private messages.
Amendment 614 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of number independent interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the any recurrent systemic risk of use of the service for the purpose of online child sexual abuse.
Amendment 619 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Risk assessment obligations shall always be strictly necessaary and proportionate, and shall never entail a general monitoring obligation, an obligation to seek knowledge about the content of private communications, nor an obligation for providers to seek knowledge of illegal content.
Amendment 621 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) any previouslyrecurrent systemic risks and identified instances of use of its services for the purpose of online child sexual abuse;
Amendment 629 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) the existence and implementation by the provider of a policy and the availability of functionalities to address the systemic risks referred to in paragraph 1, including through the following:
Amendment 637 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
Amendment 647 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4
Article 3 – paragraph 2 – point b – indent 4
– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate;
Amendment 667 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point i
Article 3 – paragraph 2 – point e – point i
(i) the extent to which the service is used or is likely to be used by childrentargeting child users;
Amendment 671 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii
Article 3 – paragraph 2 – point e – point ii
(ii) where the service is used by childrentargeting child users, the different age groups of the child users and the risk of solicitation of children in relation to those age groups;
Amendment 672 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii
Article 3 – paragraph 2 – point e – point iii
Amendment 678 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1
Article 3 – paragraph 2 – point e – point iii – indent 1
– enabling users to search for other users and, in particular, for adult users to search foron services directly targeting child users;
Amendment 680 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2
Article 3 – paragraph 2 – point e – point iii – indent 2
– enabling users to establish contact with other users directlyon services directly targeting child users, in particular through private communications;
Amendment 683 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3
Article 3 – paragraph 2 – point e – point iii – indent 3
– enabling users to share images or videos with otheron services directly targeting child users, in particular through private communications.
Amendment 715 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 721 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission, in cooperation with Coordinating Authorities, the European Data Protection Board and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.
Amendment 729 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall take reasonable mitigation measures, tailored to the systemic risks identified pursuant to Article 3, to minimise thatsuch risks. Such measures, where applicable and technically feasible without being detrimental to the technical integrity or operating model of the platform or service, and without being detrimental to the confidentiality of the communications on that service, shall include some or all of the following:
Amendment 778 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 791 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) applied in a diligent and non- discriminatory manner, having due regardwith full assessment, in all circumstances, to the potential consequences of the mitigation measures for the exercise of fundamental rights of all parties affected and in particular, that they respect rights to privacy, data protection and freedom of expression and protect the integrity and security of platforms and services, including those that are end-to-end encrypted;
Amendment 802 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 810 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of number independent interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a systemic risk of use of their services for the purpose of the solicitation of children, shallmay take the necessary age verification and age assessmentproportionnate measures to reliably identify child users on their services, enabling them to take the mitigation measur or to give the child user the opportunity to consensually identify themselves.
Amendment 817 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Providers of hosting services and providers of number independent interpersonal communications services shall clearly describe in their terms and conditions the mitigation measures that they have taken. That description shall not include information that may reduce the effectiveness of the mitigation measures.
Amendment 832 #
2022/0155(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall transmit, by three months from the date referred to in Article 3(4), to the Coordinating Authority of establishment a report specifying the following:
Amendment 851 #
2022/0155(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 856 #
2022/0155(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 875 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a End-to-end encrypted services Nothing in this Regulation shall be interpreted as prohibiting or compromising the integrity and confidentiality of end-to-end encrypted content and communications. As compromising the integrity of end-to-end encrypted content and communcations shall be understood the processing of any data that would compromise or put at risk the integrity and confidentiality of the content and communications in the end- to-end encryption. Nothing in this regulation shall thus be interpreted as justifying client-side scanning with side- channel leaks or other measures by which the provider of a hosting service or a provider of interpersonal communications services provides third party actors access to the end-to-end encrypted content.
Amendment 877 #
2022/0155(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article6a Encrypted services and metadata processing 1. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption.
Amendment 879 #
Amendment 896 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Detection orders shall only target providers of hosting services or providers of number independent interpersonal communications services that fail to comply with the requirements outlined in articles 3, 4 and 5 of this Regulation. They shall only be issued once all the measures in the abovementioned articles have been exhausted and target providers that can reasonably be expected to have the technical and operational ability to act.
Amendment 957 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
(a) there is clear evidence of a significantystemic risk ofthat the service is being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;
Amendment 969 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) The detection order does not affect the security and confidentiality of communications on a general scale;
Amendment 971 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b b (new)
Article 7 – paragraph 4 – subparagraph 1 – point b b (new)
(bb) The technology used to protect the communication, such as any kind of encryption, shall not be affected or undermined by the detection order;
Amendment 972 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b c (new)
Article 7 – paragraph 4 – subparagraph 1 – point b c (new)
(bc) All measures outlined in articles 3, 4 and 5 have been exhausted.
Amendment 973 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b d (new)
Article 7 – paragraph 4 – subparagraph 1 – point b d (new)
(bd) Nothing in the order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider.
Amendment 996 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 1002 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1008 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 1011 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1
Article 7 – paragraph 7 – subparagraph 1
Amendment 1052 #
Amendment 1075 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
Article 8 – paragraph 1 – point e a (new)
(ea) the person or group of persons covered by the detection order and specifics of the suspicion of illegal activities;
Amendment 1099 #
Amendment 1104 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of hosting services and providers of number independent interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.
Amendment 1124 #
Amendment 1157 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
Article 10 – paragraph 3 – point d a (new)
(da) (e) focused on communications where there is an established suspicion of illegal activity and the technologies shall not lead to general monitoring of private communications;
Amendment 1167 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 1206 #
2022/0155(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 1218 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a provider of hosting services or a provider of number independent interpersonal communications services becomes aware in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report thereon to the EU Centre in accordance with Article 13. It shall do so through the system established in accordance with Article 39(2).
Amendment 1236 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of hosting services and providers of number independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include:
Amendment 1274 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The provider shall execute the removal order as soon as possible and in any event within 24 hours of receipt thereof. For micro, small and medium enterprises, including open source providers, the removal order shall allow additional time, proportionate to the size and the resources of the provider.
Amendment 1298 #
Amendment 1308 #
Amendment 1324 #
Amendment 1327 #
2022/0155(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Providers of relevant information society services shall not be liable for child sexual abuse offences solely because they carry out, in good faith, the necessary activities to comply with the requirements of this Regulation, in particular activities aimed at detecting, identifying,or because of the voluntary measures they take to removing,e or disabling ofe access to, blocking or reporting online child sexual abuse in accordance with those requirement child sexual abuse material on their services.
Amendment 1379 #
2022/0155(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1 – introductory part
Article 22 – paragraph 1 – subparagraph 1 – introductory part
Providers of hosting services and providers of number independent interpersonal communications services shall preserve the content data and other data processed in connection to the measures taken to comply with this Regulation and the personal data generated through such processing, only for one or more of the following purposes, as applicable:
Amendment 1527 #
2022/0155(COD)
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV EUJOINT CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE
Amendment 1529 #
2022/0155(COD)
Proposal for a regulation
Article 40 – title
Article 40 – title
Establishment and scope of action of the EUJoint Centre
Amendment 1530 #
2022/0155(COD)
1. A European Unionn intergovernmental Agency to prevent and combat child sexual abuse, the EUJoint Centre on Child Sexual Abuse, is established.
Amendment 1533 #
2022/0155(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. Its remit and powers shall not be expanded without prior evaluation and unanimous decision by Member States.
Amendment 1534 #
2022/0155(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The EUJoint Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
Amendment 1537 #
2022/0155(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The EUJoint Centre shall be a body of the Unionn intergovernmental body with legal personality in a Member State.
Amendment 1538 #
2022/0155(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. In each of the Member States the EU Centre shall enjoy the most extensive legal capacfully comply wityh accorded to legal persons under their laws. It may, in particularnd respect their laws. It may, with the consent of the Member State concerned, acquire and dispose of movable and immovable property and be party to legal proceedings.
Amendment 1557 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point c
Article 43 – paragraph 1 – point 2 – point c
(c) giving providers of hosting services and providers of number independent interpersonal communications services that received a detection order access to the relevant databases of indicators in accordance with Article 46;
Amendment 1608 #
2022/0155(COD)
Proposal for a regulation
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) relevant indicators, consisting of digital identifiers to be used to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, on hosting services and number independent interpersonal communications services, generated by the EU Centre in accordance with paragraph 3;
Amendment 1619 #
2022/0155(COD)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. The EU Centre shall create, maintain and operate a database for the reports submitted to it by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 12(1) and assessed and processed in accordance with Article 48.
Amendment 1624 #
2022/0155(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 1635 #
2022/0155(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The EU Centre shall give providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.
Amendment 1663 #
2022/0155(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The EU Centre shall expeditiously assess and process reports submitted by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 12 to determine whether the reports are manifestly unfounded or are to be forwarded.
Amendment 1684 #
2022/0155(COD)
Proposal for a regulation
Article 49
Article 49
Amendment 1699 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available technologies that providers of hosting services and providers of number independent interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1).
Amendment 1798 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical, privacy and data protection experts appointed by the Management Board in view of their excellence and their independence, following the publication of a call for expressions of interest in the Official Journal of the European Union.
Amendment 1808 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services shall collect data on the following topics and make that information available to the EU Centre upon request:
Amendment 1836 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 2 – point b
Article 83 – paragraph 2 – point b
(b) the most important and recurrent risks of online child sexual abuse, as reported by providers of hosting services and providers of number independent interpersonal communications services in accordance with Article 3 or identified through other information available to the Coordinating Authority;
Amendment 1841 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 2 – point c
Article 83 – paragraph 2 – point c
(c) a list of the providers of hosting services and providers of number independent interpersonal communications services to which the Coordinating Authority addressed a detection order in accordance with Article 7;
Amendment 1860 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 3 – point c
Article 83 – paragraph 3 – point c
(c) the total number of reports submitted to the EU Centre in accordance with Article 12, broken down by provider of hosting services and provider of number independent interpersonal communications services that submitted the report and by Member State the competent authority of which the EU Centre forwarded the reports to in accordance with Article 48(3);
Amendment 1874 #
2022/0155(COD)
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. The providers of hosting services, providers of number independent interpersonal communications services and providers of internet access services, the Coordinating Authorities and the EU Centre shall ensure that the data referred to in paragraphs 1, 2 and 3, respectively, is stored no longer than is necessary for the transparency reporting referred to in Article 84. The data stored shall not contain any personal data.
Amendment 1894 #
2022/0155(COD)
Proposal for a regulation
Annex I – Section 4 – paragraph 3
Annex I – Section 4 – paragraph 3
Where the detection order concerns the solicitation of children, in accordance with Article 7(7), last subparagraph, of the Regulation, the detection order applies only to publicly available number independent interpersonal communications where one of the users is a child user, as defined in Article 2, point (i), of the Regulation.
Amendment 1905 #
2022/0155(COD)
Proposal for a regulation
Annex III – Section 2 – point 4
Annex III – Section 2 – point 4
Amendment 195 #
2022/0140(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) More and more Europeans cross national borders to work, study, visit relatives or to travel. To facilitate the exchange of health data, and in line with the need for empowering citizens, they should be able to access their health data in an electronic format that can be recognised and accepted across the Union. Such personal electronic health data could include personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about their health status, personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question, as well as data determinants of health, such as behaviour, environmental, physical influences, medical care, social or educational factorsmedical care. Electronic health data also includes data that has been initially collected for research, statistics, policy making or regulatory purposes and may be made available according to the rules in Chapter IV. The electronic health data concern all categories of those data, irrespective to the fact that such data is provided by the data subject or other natural or legal persons, such as health professionals, or is processed in relation to a natural person’s health or well-being and should also include inferred and derived data, such as diagnostics, tests and medical examinations, as well as data observed and recorded by automatic means.
Amendment 207 #
2022/0140(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In health systems, personal electronic health data is usually gathered in electronic health records, which typically contain a natural person’s medical history, diagnoses and treatment, medications, allergies, immunisations, as well as radiology images and laboratory results, spread between different entities from the health system (general practitioners, hospitals, pharmacies, care services). In order to enable that electronic health data to be accessed, shared and changed by the natural persons or health professionals, some Member States have taken the necessary legal and technical measures and set up centralised infrastructures connecting EHR systems used by healthcare providers and natural persons. Alternatively, some Member States support public and private healthcare providers to set up personal health data spaces to enable interoperability between different healthcare providers. Several Member States have also supported or provided health data access services for patients and health professionals (for instance through patients or health professional portals). They have also taken measures to ensure that EHR systems or wellness applications are able to transmit electronic health data with the central EHR system (some Member States do this by ensuring, for instance, a system of certification). However, not all Member States have put in place such systems, and the Member States that have implemented them have done so in a fragmented manner. In order to facilitate the free movement of personal health data across the Union and avoid negative consequences for patients when receiving healthcare in cross-border context, Union action is needed in order to ensure individuals have improved acess to their own personal electronic health data and are empowered to share it.
Amendment 212 #
Amendment 272 #
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 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 286 #
2022/0140(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 309 #
2022/0140(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 315 #
2022/0140(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The distribution of information on certified EHR systems and labelled wellness applications is necessary to enable procurers and users of such products to find interoperable solutions for their specific needs. A database of interoperable EHR systems and wellness applications, which are not falling within the scope of Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final] should therefore be established at Union level, similar to the European database on medical devices (Eudamed) established by Regulation (EU) 2017/745. The objectives of the EU database of interoperable EHR systems and wellness applications should be to enhance overall transparency, to avoid multiple reporting requirements and to streamline and facilitate the flow of information. For medical devices and AI systems, the registration should be maintained under the existing databases established respectively under Regulations (EU) 2017/745 and […] [AI act COM/2021/206 final], but the compliance with interoperability requirements should be indicated when claimed by manufacturers, to provide information to procurers.
Amendment 338 #
2022/0140(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The categories of electronic health data that can be processed for secondary use should be broad and flexible enough to accommodate the evolving needs of data users, while remaining limited to data related to health or known to influence health. It can also include relevant data from the health system (electronic health records, claims data, disease registries, genomic data etc.), as well as data with an impact on health (for example consumption of different substances, homelessness, health insurance, minimum income, professional status, behaviour, including environmental factors (for example, pollution, radiation, use of certain chemical substances). They can also include person-generated data, such as data from medical devices, wellness applications or other wearables and digital health applications. The data user who benefits from access to datasets provided under this Regulation could enrich the data with various corrections, annotations and other improvements, for instance by supplementing missing or incomplete data, thus improving the accuracy, completeness or quality of data in the dataset. To support the improvement of the original database and further use of the enriched dataset, the dataset with such improvements and a description of the changes should be made available free of charge to the original data holder. The data holder should make available the new dataset, unless it provides a justified notification against it to the health data access body, for instance in cases of low quality of the enrichment. Secondary use of non-personal electronic data should also be ensured. In particular, pathogen genomic data hold significant value for human health, as proven during the COVID-19 pandemic. Timely access to and sharing of such data has proven to be essential for the rapid development of detection tools, medical countermeasures and responses to public health threats. The greatest benefit from pathogen genomics effort will be achieved when public health and research processes share datasets and work mutually to inform and improve each other.
Amendment 470 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) strengthens the rights of natural persons in relation to the availability and control of their electronic health data, both in the primary as in the secondary use thereof;
Amendment 485 #
2022/0140(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) manufacturers and suppliers of EHR systems and wellness applications placed on the market and put into service in the Union and the users of such products;
Amendment 488 #
2022/0140(COD)
Amendment 539 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) ‘registration of electronic health data’ means the recording of health data in an electronic format, through manual entry of data, through the collection of data by a device, or through the conversion of non- electronic health data into an electronic format, to be processed in an EHR system or a wellness application;
Amendment 562 #
2022/0140(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 628 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 686 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 9
Article 3 – paragraph 9
9. Notwithstanding Article 6(1), point (d), of Regulation (EU) 2016/679, natural persons shall have the right to restrict access of health professionalcare providers, health professionals, data holders and data users to all or part of their electronic health data. Member States shall establish the rules and specific safeguards regarding such restriction mechanisms.
Amendment 692 #
2022/0140(COD)
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Natural persons shall have the right to obtain information on the healthcare providers and health professionals that have accessed their electronic health data in the context of healthcare by means of an automatic notification procedure. The information shall be provided immediately and free of charge through electronic health data access services. The information shall include the names of the health care providers controlling the data processing, the health data that was accessed, and the time of access.
Amendment 724 #
2022/0140(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In line with the data minimisation principle provided for in Regulation (EU) 2016/679, Member States mayshall establish rules providing for the categories of personal electronic health data required by different health professions. Such rules shall not be based on the source of electronic health data.
Amendment 736 #
2022/0140(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that access to at least the priority categories of electronic health data referred to in Article 5 is made only available for the purpose of the healthcare treatment, to health professionals through health professional access services. Health professionals who are in possession of recognised electronic identification means shall have the right to use those health professional access services, free of charge. .
Amendment 740 #
2022/0140(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where access to electronic health data has been restricted by the natural person, the healthcare provider or health professionals shall not be informed of the content of the electronic health data without prior authorisation by the natural person, including where the provider or professional is informed of the existence and nature of the restricted electronic health data. In cases where processing is necessary in order to protect the vital interests of the data subject or of another natural person, the healthcare provider or health professional may get access to the restricted electronic health data. Following such access, the healthcare provider or health professional shall inform the data holder and the natural person concerned or his/her guardians that access to electronic health data had been granted. Member States’ law may add additional safeguards.
Amendment 850 #
2022/0140(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point h
Article 10 – paragraph 2 – point h
(h) contribute, at Union level, to the development of the European electronic health record exchange format and to the elaboration of common specifications addressing interoperability, security, safety or fundamental right concerns in accordance with Article 23 and of the specifications of the EU database for EHR systems and wellness applications referred to in Article 32;
Amendment 866 #
2022/0140(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point o – point vii
Article 10 – paragraph 2 – point o – point vii
(vii) number of certified EHR systems and labelled wellness applications enrolled in the EU database;
Amendment 902 #
2022/0140(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The digital health authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken. The digital health authority shall send a copy of the complaint to the relevant data protection supervisory authority.
Amendment 934 #
2022/0140(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States may provide through MyHealth@EU supplementary services that facilitate telemedicine, mobile health, and access by natural persons to their translated health data, exchange or verification of health-related certificates, including vaccination card services supporting public health and public health monitoring or digital health systems, services and interoperable applications, with a view to achieving a high level of trust and security, enhancing continuity of care and ensuring access to safe and high-quality healthcare. The Commission shall, by means of implementing acts, set out the technical aspects of such provision. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 68(2).
Amendment 938 #
2022/0140(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Amendment 944 #
2022/0140(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Amendment 945 #
2022/0140(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III EHR systems and wellness applications
Amendment 1043 #
2022/0140(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 67 to supplement this Regulation by allowing manufacturers to enter the information referred to in paragraph 2 into the EU database of EHR systems and wellness applications referred to in Article 32, as an alternative to supplying the information sheet referred to in paragraph 1 with the EHR system.
Amendment 1104 #
2022/0140(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 1111 #
2022/0140(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Registration of EHR systems and wellness applications
Amendment 1115 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall establish and maintain a publicly available database with information on EHR systems for which an EU declaration of conformity has been issued pursuant to Article 26 and wellness applications for which a label has been issued pursuant to Article 31.;
Amendment 1119 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before placing on the market or putting into service an EHR system referred to in Article 14 or a wellness application referred to in Article 31, the manufacturer of such EHR system or wellness application or, where applicable, its authorised representative shall register the required data into the EU database referred to in paragraph 1.
Amendment 1122 #
2022/0140(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 67 to determine the list of required data to be registered by the manufacturers of EHR systems and wellness applications pursuant to paragraph 2.
Amendment 1141 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) electronic health data from EHRs ;
Amendment 1146 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
Amendment 1158 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
(d) health-related administrative data, including claims and reimbursement data underlying the provision of health care services;
Amendment 1161 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point e
Article 33 – paragraph 1 – point e
Amendment 1175 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point f
Article 33 – paragraph 1 – point f
(f) person generated electronic health data, including medical devices, wellness applications or other digital health applications;
Amendment 1203 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point n
Article 33 – paragraph 1 – point n
Amendment 1320 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point f
Article 34 – paragraph 1 – point f
Amendment 1334 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point g
Article 34 – paragraph 1 – point g
Amendment 1341 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point g
Article 34 – paragraph 1 – point g
(g) training, testing and evaluating of algorithms, including in medical devices, and AI systems and digital health applications, contributing to the public health or social security, or ensuring high levels of quality and safety of health care, of medicinal products or of medical devices;
Amendment 1562 #
2022/0140(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Health data access bodies shall not be obliged to provide the specific information under Article 14 of Regulation (EU) 2016/679 to each natural person concerning the use of their data for projects subject to a data permit and shall provide general public information on all the data permits issued pursuant to Article 46.
Amendment 1612 #
2022/0140(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where a data holder is obliged to make electronic health data available under Article 33 or under other Union law or national legislation implementing Union law, it shall cooperate in compliance with the requirements set out in Article 32 of Regulation (EU) 2016/679, and in good faith with the health data access bodies, where relevant.
Amendment 1704 #
2022/0140(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
Amendment 1793 #
2022/0140(COD)
1. Health data access bodies shall assess if the application fulfils one of the purposes listed in Article 34(1) of this Regulation, if the requested data is necessary for the purpose listed in the application and if the requirements in this Chapter are fulfilled by the applicant, and if individuals have the option to opt-out with respect to the secondary use of their personal health data. If that is the case, the health data access body shall issue a data permit.
Amendment 1931 #
2022/0140(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 117 #
2022/0047(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The fundamental right to the protection of personal data is safeguarded in particular under Regulation (EU) 2016/679 and Regulation (EU) 2018/1725. Directive 2002/58/EC additionally protects private life and the confidentiality of communications, including providing conditions to any personal and non- personal data storing in and access from terminal equipment. These instruments provide the basis for sustainable and responsible data processing, including where datasets include a mix of personal and non-personal data. This Regulation complements and is without prejudice to Union law on data protection and privacy, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. No provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications. When a conflict between this Regulation and Union law on the protection of personal data and privacy or national laws adopted in accordance with relevant Union law arises , the relevant Union or national laws on the protection of personal data and privacy should prevail.
Amendment 134 #
2022/0047(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In order to foster innovation and the development of new products and services, it should be specified that products and services that are not ready to be placed on the market because they are still under development, including prototypes, should not fall under the scope of this Regulation.
Amendment 268 #
2022/0047(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Parties to dispute settlement proceedings should not be prevented from exercising their fundamental rights to an effective remedy and to a fair trial. Therefore, the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a Member State. However, a dispute should not be part of a dispute settlement procedure at the same time as a procedure before a court of a Member State.
Amendment 290 #
2022/0047(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57 a) Although a public emergency may mean that the public interest arising from the use of the data will outweigh the interest of the data holders to freely dispose of their data, it should be emphasized that this is in principle an undesirable situation. That arises from the fact that a public emergency is an acute event, requiring urgent action. A general provision is in that context desirable. At the same time, public emergencies can last for years, including the COVID 19 Pandemic. It is undesirable that an in itself undesirable situation lasts for years, as there is friction between mandatory sharing of data and fundamental rights, among which the right to property. Provisions aimed at enabling governments to oblige companies to share data should therefore be limited in time. During that period the Member States should be able to adopt specific legislation that allows the obligation to share data, so that democratic safeguards remain functioning.
Amendment 307 #
2022/0047(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The objective of the obligation to provide the data is to ensure that public sector bodies and Union institutions, agencies or bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. The data obtained by those entities may be commercially sensitive. Therefore, Directive (EU) 2019/1024 of the European Parliament and of the Council65 should not apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics, provided the conditions laid down in this Regulation are met. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies to address the exceptional needs for which the data has been requested. The business whose data is to be shared, provided it acts in a good faith, should also have the possibility to raise objection concerning planned data transfer in order to protect its security, integrity or confidentiality. _________________ 65 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 353 #
2022/0047(COD)
Proposal for a regulation
Recital 89
Recital 89
(89) In order to allow the economic actors to adapt to the new rules laid out in this Regulation and make the necessary technical arangements, they should apply from athree years after entry into force of the Regulation.
Amendment 376 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation does not apply to products and services in development stage including the prototypes.
Amendment 642 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Trade secrets shall only be disclosed to third parties to the extent that they are strictly necessary to fulfil the purpose agreed between the user and the third party and all specific necessary measures agreed between the data holder and the third party are taken by the third party to preserve the confidentiality of the trade secret. In such a case, the nature of the data as trade secrets and the measures for preserving the confidentiality shall be specified he right to request the data referred to in paragraph 1 shall not adversely affect the rights and freedoms of others, including the agreement between the data holder and the third partyrights protected under Directive 2016/943.
Amendment 679 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The obligations of this Chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small or medium-sized enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small or medium- sized enterprise.
Amendment 694 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 6 of this Regulation, or by or national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaning of Directive (EU) 2016/943.
Amendment 796 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The points (a) and (c) of the first paragraph shall only apply until 3 months after the declaration of a public emergency by a Member State.
Amendment 797 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
After the exceptional circumstance has ceased to exist, all data obtained by a public sector body or a Union institution, agency or body shall be deleted by such a body. The body concerned shall inform the data holder of the deletion.
Amendment 798 #
2022/0047(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Single point to handle public sector bodies' request The competent authority, designated in accordance with Article 35, shall be responsible to coordinate the public sector bodies' requests and transmit them to the enterprise. It shall in particular prevent duplicate requests from public sector bodies and Union institutions, agencies and bodies.
Amendment 1152 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b a (new)
Article 41 – paragraph 1 – point b a (new)
(b a) the exclusion of trade secrets in Article 4(3) and Article 5(8)
Amendment 1158 #
2022/0047(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
It shall apply from [1236 months after the date of entry into force of this Regulation].
Amendment 8 #
Amendment 1 #
Amendment 1 #
Amendment 5 #
2021/2186(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to Article 3, 6, 7, 8, 11, 15 and 45 of the Charter of Fundamental Rights of the European Union,
Amendment 10 #
2021/2186(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the European Convention on Human Rights (ECHR),
Amendment 11 #
2021/2186(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Universal Declaration of Human Rights,
Amendment 12 #
2021/2186(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
— having regard to the conclusions of the European Council adopted on 11 December 2020,
Amendment 13 #
2021/2186(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
— having regard to the judgments of the Court of Justice of the European Union (CJEU) in cases C-156/213 and C- 157/214 regarding the legality of the Conditionality Regulation,
Amendment 15 #
2021/2186(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID- 19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic,
Amendment 18 #
2021/2186(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
Amendment 42 #
2021/2186(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the years 2020 and 2021 saw the most draconian loss of fundamental rights in the history of the EU as a result of the COVID-19 pandemic, whereby citizens were forced to stay at home, close businesses, remain distant from friends and family, maintain physical distance and go untreated for ‘non-urgent’ medical issues, were prevented from attending places of worship and from travelling within and outside the EU, and were forced to show a historically worrisome ' health' pass to enter premises or vehicles; whereas in times of crisis, respect for fundamental rights is even more essential than in normal times and must therefore be the subject of increased vigilance;
Amendment 45 #
2021/2186(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas as enshrined in Article 2 TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, the rule of law and respect for human rights, values which must be upheld by the EU and by each individual Member State;
Amendment 53 #
2021/2186(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas equality before the law and non-discrimination are enshrined in Article 20 and Article 21 of the Charter;
Amendment 60 #
2021/2186(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the rule of law is one of the common values on which the EU is founded;
Amendment 61 #
2021/2186(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas the limits of Union competences are governed by the principle of conferral, which in consequence means that competences not conferred upon the Union by the Treaties remain competences of the Member States;
Amendment 63 #
2021/2186(INI)
Motion for a resolution
Recital A e (new)
Recital A e (new)
Ae. whereas the situation of fundamental rights in the European Union in 2020 and 2021 have been undermined since the introduction of the European Digital COVID Certificate (EUDCC), which was introduced to facilitate safe cross-border movement during the Covid-19 pandemic, but in reality has been a limitation to free movement of European citizens;
Amendment 90 #
2021/2186(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the return of migrants whose asylum application has been rejected is an essential part of a successful migration and asylum policy and in line with international and EU law;
Amendment 93 #
2021/2186(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the introduction of the EUDCC for every citizen of the EU flouts the principle of non-discrimination (guaranteed by Article 21 of the Charter of Fundamental Rights of the EU) as it provides for a different treatment between vaccinated and unvaccinated persons, in the absence of any valid scientific basis;
Amendment 94 #
2021/2186(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the (indirect) obligation to vaccinate has been a condition for the exercise of free movement of persons.in the EU, which constitutes a clear violation of the right to freedom enjoyed by every citizen of the Union under Article 6 of the Charter;
Amendment 95 #
2021/2186(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas Member States have used the EUDCC for purposes other than cross-border travel, extending the use of so called vaccine passports to allow for entry into non-essential locations as bars and restaurants;
Amendment 96 #
2021/2186(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas as a result of the COVID- 19 measures in the Member States, forced vaccination and/or regularly testing has been a violation of the integrity of one's body and mind; whereas article 3 of the Charter clearly prescribes that any medical procedure shall be preceded by free and informed consent;
Amendment 97 #
2021/2186(INI)
Motion for a resolution
Recital C e (new)
Recital C e (new)
Ce. whereas Regulation 2021/953 does not guarantee for the protection of data privacy;
Amendment 98 #
2021/2186(INI)
Motion for a resolution
Recital C f (new)
Recital C f (new)
Cf. whereas there has been a deterioration of the freedom of expression and the freedom of speech, illustrated by the countless twitter bans and other social media account suspensions and censorships of people exercising their rights;
Amendment 99 #
2021/2186(INI)
Motion for a resolution
Recital C g (new)
Recital C g (new)
Cg. whereas on 15 March 2022, the European Court of Human Rights ruled in its judgement in case 21881/20, that the ban on public demonstrations during the first wave of COVID-19 of the Swiss government was disproportionate and a violation of the right to freedom of assembly;
Amendment 105 #
2021/2186(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is deeply concerned about the deterioration of fundamental rights in the EU in 2020 and 2021;
Amendment 155 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Council, the Commission and the Member States to revoke the EUDCC and any other national equivalent of the digital passport, as it infringes on the right of equal treatment, and has resulted in discrimination against those who do not wish to be vaccinated or tested;
Amendment 160 #
2021/2186(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that the collection and processing of personal data for the purposes of behavioural manipulation have an increasing impact on the fundamental rights of citizens in the EU, particularly the rights to privacy, data protection and information; urges competent authorities to ensure the full application of EU data protection law and privacy law, and to ensure that individuals understand when and how their personal data is processed and for what purposes, and how they can object to data processing and file complaints, in order to protect their right to personal data protection and privacy;
Amendment 173 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to protect and develop an independent, pluralist and free media sector; condemns in this regard any measures aimed at silencing critical media and undermining media freedom; expresses concern about the creation of government-controlled bodies which manage large parts of a country’s media landscape and the hijacking of public service media outlets to serve partisan interests; recalls that where media ownership remains highly concentrated, whether in government or private hands, it constitutes a significant risk to the diversity of information represented in media content; recalls that freedom of information, and media freedom are fundamental to democracy and the rule of law and urges Member States to guarantee the independence of their media authorities;
Amendment 180 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the fundamental role of investigative journalism in acting as a watchdog in a democratic society; condemns the persistence and increase in many Member States of threats and intimidation against journalists, including in relation to the disclosure of information about breaches of fundamental rights;
Amendment 184 #
2021/2186(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Expresses its concern about the threat that different forms of propaganda and misinformation pose to freedom of speech and expression and to the independence of the media, and the negative effects they might have on the quality of political debate and on the participation of citizens in democratic societies;
Amendment 231 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Believes that all Member States must fully comply with the Charter in their legislative practices and must fully respect the rule of law and the principle of the separation of powers;
Amendment 233 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the CJEU has explicitly stated that the Conditionality Regulation is not intended to protect the rule of law, but to protect the EU budget;
Amendment 237 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Council, the Commission, the European Parliament, and the governments and parliaments of the Member States to protect and uphold the rule of law and the fundamental values of the Union, including fundamental rights and democracy for the upcoming years and to learn from the mistakes made in 2020 and 2021;
Amendment 239 #
2021/2186(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes that the EU has acted ultra vires in adopting the rule of law conditionality regulation, in that it has gone beyond the powers conferred upon it by the Member States; further considers that the rule of law conditionality regulation violates the unanimity principle set out in Article 7 TEU and therefore constitutes a breach of EU law;
Amendment 264 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that law enforcement officials must respect and protect human dignity and maintain and uphold the human rights of all persons while performing their duty; stresses that the foremost task of police forces is to ensure the safety of citizens, and to ensure protests are conducted in a peaceful manner; condemns the use of violent and disproportionate interventions by law enforcement authorities during peaceful demonstrations over COVID-19 measures and government overreach in Member States as Austria, Belgium, Germany and the Netherlands;
Amendment 267 #
2021/2186(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Strongly condemns the increasing restrictions on freedom of assembly, including during the COVID-19 period; calls on Member States to refrain from adopting restrictive laws concerning freedom of assembly and encourages the EU and its Member States to take further steps to safeguard and protect freedom of assembly, as a fundamental right and as basic principles of democratic processes;
Amendment 299 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses its deep concern at the increasing forms of intimidation and political pressure exerted upon scientists, elected officials and activists engaged in exposing the disinformation spread by the EU institutions and the national governments regarding COVID-19;
Amendment 302 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Deplores the fact that the fight against disinformation has been abused, as so often in the past, to try to suppress dissident opinions which have, in fact, turned out to be useful in helping the public better to understand the COVID-19 situation; emphasises that the right to freedom of expression and opinion does not permit censorship on the basis of allegations that an opinion is false;
Amendment 303 #
2021/2186(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Emphasises the important role of whistle-blowers in safeguarding the public interest and in promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 336 #
2021/2186(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Strongly condemns NGOs masquerading as aid agencies while facilitating the smuggling of unqualified migrants into the EU; urges the Commission to cease funding such entities; calls on the Commission and the Member States to put a halt to "pull" factors of illegal migration;
Amendment 340 #
2021/2186(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to protect the life, health and property of their citizens who are suffering from the consequences of the uncontrolled influx of economic migrants;
Amendment 366 #
2021/2186(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Strongly condemns Austria for being the first and only Member state to have introduced mandatory vaccination for all its citizens as this is a violation of the right to bodily autonomy;
Amendment 367 #
2021/2186(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Condemns the national governments of Austria, Belgium, France, Greece, Italy, Latvia, which have made access to the workplace conditional on the presentation of the EUDCC; condemns in the strongest possible terms all Member States which have introduced mandatory vaccination in the workplace; stresses that these national measures, which are based on the framework of Regulation2021/953, has impeded the right to work for millions of Union citizens; points out that such an infringement is contrary to Article 15, 20 and 21 of the Charter;
Amendment 368 #
2021/2186(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Condemns the government of Latvia for stripping the rights of the unvaccinated members of the national Latvian parliament of their right to vote on legislation and participate in discussions;
Amendment 251 #
2021/0410(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should lay down the conditions and procedures for the automated transfer of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records. This should be without prejudice to the processing of any of these data in the Schengen Information System (SIS) or the exchange of supplementary information related to them via the SIRENE bureaux or to the rights of individuals whose data is processed therein.
Amendment 261 #
2021/0410(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing for the automated search or comparison of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records, the purpose of this Regulation is also to allow for the search of missing persons and unidentified human remains. This should be without prejudice to the entry of SIS alerts on missing persons and the exchange of supplementary information on such alerts under Regulation (EU) 2018/1862 of the European Parliament and of the Council.33. _________________ 33 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Amendment 269 #
2021/0410(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The identification of a criminal is essential for a successful criminal investigation and prosecution. The automated searching of facial images of suspects and convicted criminals should provide for additional information for successfully identifying criminals and fighting crime.
Amendment 276 #
2021/0410(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The automated search or comparison of biometric data (DNA profiles, and dactyloscopic data and facial images) between authorities responsible for the prevention, detection and investigation of criminal offences under this Regulation should only concern data contained in databases established for the prevention, detection and investigation of criminal offences.
Amendment 318 #
2021/0410(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data and the rules regarding the exchange of core data following a match.
Amendment 332 #
2021/0410(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data.
Amendment 338 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
Amendment 345 #
2021/0410(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(11) ‘'biometric data’' means DNA profiles, and dactyloscopic data or facial images;
Amendment 479 #
Amendment 484 #
2021/0410(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 493 #
2021/0410(COD)
Proposal for a regulation
Article 22
Article 22
Automated searching of facial images 1. Searches may be conducted only in individual cases and in compliance with the national law of the requesting Member State. 2. The requesting Member State shall receive a list composed of matches concerning likely candidates. That Member State shall review the list to determine the existence of a confirmed match. 3. A minimum quality standard shall be established to allow for search and comparison of facial images. The Commission shall adopt implementing acts to specify that minimum quality standard. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 76(2).rticle 22 deleted
Amendment 508 #
2021/0410(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 510 #
2021/0410(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 550 #
2021/0410(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States and Europol shall observe common technical specifications in connection with all requests and answers related to searches and comparisons of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records. The Commission shall adopt implementing acts to specify these technical specifications in accordance with the procedure referred to in Article 76(2).
Amendment 560 #
2021/0410(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall take all necessary measures to ensure that automated searching or comparison of DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records is possible 24 hours a day and seven days a week.
Amendment 590 #
2021/0410(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
The use of the router shall be reserved to the Member States’ authorities that have access to the exchange of DNA profiles, and dactyloscopic data and facial images, and Europol in accordance with this Regulation and Regulation (EU) 2016/794.
Amendment 709 #
2021/0410(COD)
Proposal for a regulation
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
(a) establish whether the compared DNA profiles, dactyloscopic data, vehicle registration data, facial images and police records match;
Amendment 792 #
2021/0410(COD)
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. Costs incurred in connection with the integration of the existing national infrastructures and their connections to the router and EPRIS as well as costs incurred in connection with the establishment of national facial images databases and police national indexes for the prevention, detection and investigation of criminal offences shall be borne by the general budget of the Union.
Amendment 144 #
2021/0214(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result in the same level of climate ambition, there is a risk of carbon leakage. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels. There are concerns, however, that CBAM would promote the substitution of EU sales in third markets by non-EU output, thereby not only damaging Union's economy, but also fostering another form of “carbon leakage”, since European producers emit substantially less carbon per unit of production than producers elsewhere do, which in particular applies to commodities.
Amendment 152 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. However, CBAM might be more costly for EU economies, which are more integrated with the rest of the world. In addition, there are concerns about the combination of ETS, including the gradual deletion of free allowances, and CBAM, which is likely to make EU businesses lose competitiveness and decrease global sales due to replacement by production elsewhere in the world. As a consequence, global production of CBAM goods might move to countries with lower carbon costs and where carbon intensity in production is higher.
Amendment 164 #
2021/0214(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) There is a significant concern that the introduction of CBAM will lead to a Europe that increasingly produces for itself, thereby damaging its own economy without there being a positive impact on the net-effect for global carbon emissions.
Amendment 244 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from thirdCBAM is unlikely to provide a profound incentive for other countries to introduce their own systems of carbon pricing, once they realise that the global economy is gradually shifting away from the Union towards emerging and middle- income countries, so and that less emissions per unit of output are generatedsuch a system would damage their total export and domestic consumption.
Amendment 276 #
2021/0214(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Trade retaliation can have the aim to hit the Union where it would hurt the most. The Union, due to its climate ambitions, will increasingly be dependent on raw materials such as rare earth, lithium, cobalt, graphite. There is a risk that CBAM might lead to expensive restrictions on these much needed commodities and to increasing the Union's geopolitical vulnerability.
Amendment 279 #
2021/0214(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13c) CBAM not only increases the possibility of international trade conflicts, but promotes indirectly market distorting subsidies in third countries, thereby further damaging global trade rules substantially.
Amendment 871 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems developed or used exclusively for military purposes.
Amendment 903 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with one or morefers to systems designed by humans that, given a complex goal, act in the physical or digital world by perceiving their environment, interpreting the collected structured of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisionsr unstructured data, reasoning on the knowledge derived from this data and deciding the best action(s) to take (according to pre-defined parameters) to achieve the given goal. AI systems can also be designed to learn to adapt theirbehaviour by analysing how the environment is affected by their previous actions. As a scientific discipline, AI includes several approaches and techniques, such as machine learning (of which deep learning and reinforcement learning are specific examples), machine reasoning (which includes planning, scheduling, knowledge representation and reasoning, search, and optimization), and robotics(which infcluencing the environmentdes control, perception, sensors and actuators, as well as they integract withtion of all other techniques into cyber-physical systems);
Amendment 1056 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
Amendment 1067 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 38 a (new)
Article 3 – paragraph 1 – point 38 a (new)
Amendment 1085 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s healthphysical health, mental health or wellbeing, to property or the environment,
Amendment 1178 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specificrson or a group of persons duebased on any characteristic or a combination thereof, including but not limited to: their age, physical or mental disabilityrace, sex, colour, health status, social and economic status, disability, political or other opinion, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1196 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based onfor the scoring, evaluation or classification of natural persons or groups thereof relating to their social behaviour or known or predicted personal or personality characteristics, withhere the social scorecore or assessment leadings to either or bothany of the following:
Amendment 1206 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment affecting the fundamental rights of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;
Amendment 1221 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii a (new)
Article 5 – paragraph 1 – point c – point ii a (new)
(ii a) treatment of certain natural persons or whole groups thereof otherwise amounting to an unnecessary or disproportionate restriction on fundamental rights.
Amendment 1236 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’placing on the market and use of remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:;
Amendment 1251 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 1262 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 1270 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1291 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) The use of private biometric databases for the purpose of law enforcement;
Amendment 1297 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(d b) The placing on the market, putting into service or use of ‘emotion recognition systems’;
Amendment 1305 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
(d c) The use of biometric categorisation systems;
Amendment 1352 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 1369 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 1385 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 1906 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j a (new)
Article 16 – paragraph 1 – point j a (new)
(j a) conduct and publish a fundamental rights impact assessment.
Amendment 2075 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Users of high-risk AI systems shall conduct and publish a fundamental rights impact assessment.
Amendment 2082 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 2604 #
2021/0106(COD)
Proposal for a regulation
Title VI – Chapter 2 a (new)
Title VI – Chapter 2 a (new)
2a Effective remedies Create a comprehensive remedies framework for affected persons, including a right for individuals to bring complaints, a right to bring collective action; and a right to information.
Amendment 2605 #
2021/0106(COD)
Proposal for a regulation
Title VI – Chapter 2 b (new)
Title VI – Chapter 2 b (new)
Amendment 3049 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric or biometrics-based profiling, including identification and categorisation of natural persons:
Amendment 3065 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons;
Amendment 3072 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI categorisation systems using biometric or biometrics-based data;
Amendment 77 #
2021/0104(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 133 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 156 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 1
Article 19 a – paragraph 1
1. Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position. When sustainability matters have a negative impact on the development, performance and position of the undertaking, it shall be clearly indicated.
Amendment 173 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – point a – point iii
Article 19 a – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the plans of the undertaking to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement;
Amendment 185 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – point c
Article 19 a – paragraph 2 – subparagraph 1 – point c
(c) a description of the role of the administrative, management and supervisory bodies with regard to sustainability matters, when applicable;
Amendment 195 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – point e – point iii
Article 19 a – paragraph 2 – subparagraph 1 – point e – point iii
Amendment 204 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 2
Article 19 a – paragraph 2 – subparagraph 2
Amendment 212 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 3 – subparagraph 2
Article 19 a – paragraph 3 – subparagraph 2
Where appropriate, the information referred to in paragraphs 1 and 2 shall contain information about the undertaking’s value chain, including the undertaking’s own operations, products and services, its business relationships and its supply chain, to the extent possible. This provision should not be construed as an obligation to share business sensitive information.
Amendment 259 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point a – point v
Article 19b – paragraph 2 – subparagraph 2 – point a – point v
Amendment 268 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – introductory part
Article 19b – paragraph 2 – subparagraph 2 – point b – introductory part
(b) specify the information that undertakings are to disclose about social factors, including information about:
Amendment 269 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – point i
Article 19b – paragraph 2 – subparagraph 2 – point b – point i
(i) equal opportunities for all, including gender equality and equal pay for equal work, training and skills development, employment and inclusion of people with opposing political views, and employment and inclusion of people with disabilities;
Amendment 302 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – subparagraph 1 – point a – point iii
Article 29a – paragraph 2 – subparagraph 1 – point a – point iii
(iii) the plans of the group to ensure that the group’s business model and strategy compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement;
Amendment 318 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29a – paragraph 2 – subparagraph 2
Article 29a – paragraph 2 – subparagraph 2
Amendment 339 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 3 – point f
Article 51 – paragraph 3 – point f
Amendment 345 #
2021/0104(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Article 4 of this Directive shall apply to financial years starting on or after 1 January 20237.
Amendment 276 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that the criteria and definitions for strictly protected areas should recognise that each Member State has different local and regional characteristics, and that decision-making should be in accordance with the site- specific conservation objectives of each protected area;
Amendment 506 #
2020/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its support for theTakes note of the proposed 2030 targets of bringing at least 25 % of agricultural land under organic farm management, which should become the norm in the long term, and ensuringle pointing at the same time to the higher acreage needed for organic production, as well as the higher cost to the farmer, which is often not translated into a better price; therefore calls on the Commission to include other circular and sustainable farming methods in its 2030 target; supports the ambition to ensure through voluntary approach that at least 10 % of agricultural land at EU-level consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive financial and other support and training in the transition towards agroecological practices; underlines the importance of continued technological and biological innovation for the benefit of biodiversity and to enable farmers to maintain their production levels;
Amendment 772 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomRecognises the Commission’s targetEU- wide goals of reducing, by 2030, the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made bindingpesticides and fertilisers in order not only to reduce nutrients losses, but also to reduce contamination of waters and soil with for example nitrates, which, inter alia, causes algae spread in rivers, lakes, ponds, etc., thus severely compromising biodiversity; considers that this should be accomplished by binding and proportionate targets tailored to individual Member States’ practices; is of the opinion that nitrates present in the soil are best fixed by inter-crops (e.g. after wheat harvest, mustard is sown); therefore warns against leaving agricultural land completely abandoned (set-aside) due to increased risk of nitrates infiltration in waters and soil; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasons;
Amendment 778 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made bindingand nutrient losses by at least 50 % by 2030 which may lead to a reduction in the use of fertilisers by of 20 %,which should be made binding on the condition that their effectiveness is established through impact assessments; supports the implementation of adjacent legislation, such as new breeding techniques, an efficient authorisation policy for low-risk products and the recognition of biostimulants to protect the EU food supply; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasons;
Amendment 940 #
2020/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmful to the environment with a view to their phasing out by 2030 at the latest; reiterates its calls for the reorientation of taxation systems towards an increased use of environmental taxation; warns against increased taxation burden on Member States and EU's citizens;
Amendment 963 #
2020/2273(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 1203 #
2020/2273(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that the successful implementation of the strategy depends on the involvement of all actors and sectors directly concerned and requires local and regional acceptance; calls on the Commission to create a stakeholder platform for discussion and to ensure an inclusive, equitable and just transition;
Amendment 191 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 283 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU; whereas European farmers are subjected to the highest global standards and still continue to deliver high quality food, not only for European citizens, but also for many citizens on other continents; whereas many citizens in the European Union and abroad can count on the European agricultural sector every day; whereas the agricultural sector is also of immense strategic value;
Amendment 363 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensuceive proper information about the product they are about to obtain in general; whereas food is an essential need; whereas that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfareits not a task of the European Union to influence its citizens food preferences;
Amendment 411 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment; whereas this should not be rewarded with a strategy which threatens their future existence in the European Union;
Amendment 428 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas it should be emphasised that the agricultural sector over the last decades reduced its GHG-emissions significantly; underlines that other sectors did not so; reiterates that according to the European Environment Agency the aviation GHG-emissions increased with about 120% in the period 1990-2018; reiterates that the Von der Leyen - Commission despite of that increased the budget for private jets with 50%; points out that the Commission should lead by example before assuming moral superiority and point fingers at others;
Amendment 481 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesNotes with concern the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goit threatens many farmers in their future existence; stresses that the agricultural sector is a crucials set outctor in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possibUnion which as of yet already suffers from more than enough unnecessary rules; underlines that it is crucial that more, if not all, EU-rules regarding GHG-emissions in the EU are repealed;
Amendment 556 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate-neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail, which should aim the preservation of food security and food supply in the European Union;
Amendment 701 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. WelcomesTakes note of the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targetsat is of the utmost importance to adjust any legislation in this area with the greatest precaution; underlines that the agricultural sector already has to comply with very strict rules; stresses that is essential to have a vital agricultural sector in the European Union; underlines that new revisions should not result in involuntary (de facto) reductions of livestock;
Amendment 891 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 1012 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects foron the environment and against climate change, and contributes to a circular economy; underlines that only organic farming is not feasible in the European Union; stresses that other options to improve animal welfare should be explored by the Member States; underlines that the availability of (high-quality) food is a human right; stresses in this regard that this also means that food should be available at a reasonable price; stresses that this also counts for those with a minimum income;
Amendment 1063 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 1175 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seedsplant reproductive material for plant varieties adapted to the pressures of climateweather change, including traditional and locally- adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1252 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food productionbusiness models, which have animal-welfare at the core where applicable;
Amendment 1261 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering shorintelligent supply chains and quality food production;
Amendment 1299 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeansmore legislation, especially legislation regarding GHG-emissions, is a threat to the European food system;
Amendment 1320 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that many upcoming economies, including China, find it hard to provide their citizens with sufficient, safe, and high-quality food; underlines in this regard that the European agricultural sector is of crucial strategic value; expresses its concern about the increasing amount of legislation, especially GHG- emissions related legislation, which makes it extraordinarily hard to provide safe, reliable and high-quality food to the citizens of the European Union and those outsides of the European Union;
Amendment 1330 #
2020/2260(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 1374 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production systems;
Amendment 1749 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomesTakes note of the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
Amendment 1841 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products to consumers; notes that third- party certification and labelling alone areUnderlines that EU-citizens are well-educated and don't have to be lectured on what is sustainable food and what not; stresses that the European Union and its institutions lack all credibility to do so as they do not effepractivce in ensuring sustainable production and consumptionwhat they preach themselves;
Amendment 1860 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategyEmphasises that it is not a task of thate Europeans’ diets are not in lin Union to lecture with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines citizens about what they put on their plate; stresses that every citizen should decide for itself what he plans to eat; underlines that each Member State has the responsibility to ensure that all its citizens cand specific actions to effectively promote healthy plant-based diets acquire sufficient healthy food;
Amendment 2029 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets are needed to achieve thisUnderlines that food waste should be addressed at a Member State level;
Amendment 2207 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and stand and animal welfare; underlines that the European food sector is a lightning example in this regards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Comhat increased levels of environmental protection and GHG-emission’s intention to take the environmental impacts of requested import tolerances into accountrelated measures are a direct threat to this vital sector;
Amendment 12 #
2020/2255(INL)
Motion for a resolution
Citation 28 a (new)
Citation 28 a (new)
— having regard to EU unemployment figures, particularly among the young,
Amendment 13 #
2020/2255(INL)
Motion for a resolution
Citation 28 b (new)
Citation 28 b (new)
— having regard to the pool of legal migrants already in the EU,
Amendment 53 #
2020/2255(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face demographic challengecertain crucial sectors, the Union needs highly qualified third-country workers of all skill levelsfor a given period in order to increase its economic competitiveness and its global influence as the champion of democracy, inclusion, human rights, free trade in goods and services and the rule of law, and as the leader in the fight against climate change;
Amendment 58 #
2020/2255(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 64 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 81 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for highly qualified third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, wcould be an essentia useful tool for achieving the purpose of the proposed actencouraging economic competition in the EU and calls on the Commission to include the creation of such a talent pool in its proposal;
Amendment 84 #
2020/2255(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 94 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Directive (EU) 2021/...15, but considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium-skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium-skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criteria and considers it sufficient; _________________ 15EUT number of 2016/0176 COD to be inserted.
Amendment 105 #
2020/2255(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Union is in need of more self-employed people and entrepreneurs in order to remain competitive; calls on the Commission to include in its proposal an admission scheme for entry and residence of self- employed people and entrepreneurs, in particular those who establish small and medium-sized enterprises and start-ups, based on objective and uniform criteria;
Amendment 116 #
2020/2255(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests the Commission to include in its proposal a framework for talent partnerships between Member States and third countries, tailored to the situation of both the Member State and the third country in question, which should include vocational training programmes based on skills, in particular aptitude tests, workplace observation and simulations, and that Member States could opt into on a voluntary basis; calls on the Commission to ensure that the framework allows for Parliament to be able to fully exercise its scrutiny and evaluation role;
Amendment 120 #
2020/2255(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 129 #
2020/2255(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 136 #
2020/2255(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 155 #
2020/2255(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that Directive 2003/109/EC should be amended to allowwithdrawn to motivate third-country nationals who are long-term residents of a Member State to reside permanently within anoturn to their Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens and to reducecountry of origin, once it has been declared 'safe' by the nuMember of years of residence required to acquire Union long-term residence status from five to three years; calls on the Commission to include those amendments in its proposalState concerned, possibly providing them with return support to help them build a future there;
Amendment 312 #
2020/2242(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that subsidies to support certain technologies are not effective and unnecessarily costly; believes that technological bias must be rejected in principle because, at this point in time, we cannot be sure how far other technologies will be able to achieve more cost-effective emissions reductions in the future; believes that public money should only be used to support basic research which would not otherwise be undertaken in the private sector; stresses that more far- reaching subsidies should be rejected as they harbour the risk that projects will only be planned in order to obtain support funds and then discontinued due to the lack of a viable business mode;
Amendment 27 #
2020/2241(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas any legislative initiative of the Commission, within the framework of the European Green Deal, should be preceded by a publicly available cost analysis as well as a long-term estimation of its effect on global CO2 emissions;
Amendment 284 #
2020/2241(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates the potential of energy communities and micro grids to develop accNotes that COVID-19 has contributed to the intensification of energy poverty in the EU and as the crisis continuess, to more sustainable energy, especially for remote areas, islands and the outermost regions; he proportion of the energy purchase costs in households’ budgets will grow sharply stresses therefore that it is important to develop a common definition of energy poverty and monitor the energy poverty rate subsequently;
Amendment 8 #
2020/2167(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with concern the findings of the Court of Auditors’ (the Court) in its special report1 ; takes the view that any future special report by the Court on the Agency's activities should include analysis regarding respect for and the protection of fundamental rights, in particular the insufficient support by Frontex to Member States to prevent, detect and respond to illegal immigration; _________________ 1 https://www.eca.europa.eu/Lists/ECADocu ments/SR21_08/SR_Frontex_EN.pdf
Amendment 13 #
2020/2167(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with regret the weaknesses detected with respect to the Agency’s primary activities in support of the fight against irregular immigration and the fight against cross-border crime which are caused by an incomplete implementation of the 2016 mandate and the failure of the Agency to take the measures necessary to adapt its organisation to fully implement that mandate; notes with concern that the Court identifies a significant risk that the Agency will struggle to carry out the mandate given to it by Regulation (EU) 2019/18962 , especially since it was approved without an impact assessment; acknowledges the gaps and inconsistencies of the information exchange network and further acknowledges the weaknesses in Member States’ implementation of Regulation (EU) No 1052/2013 establishing the European border surveillance system (EUROSUR); _________________ 2Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
Amendment 19 #
2020/2167(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that the Agency did not provide information about the impact or actual cost of its activities and performances, more particularly about the real cost of its joint operations, either aggregated or disaggregated by operation (maritime and aerial) and type of costs (e.g. human resources and light equipment, or heavy equipment); notes that the Agency only presents costs based on estimates that can reveal significant differences; is disappointed that the Agency’s operational reporting means that decision makers are not adequately informed;
Amendment 21 #
2020/2167(DEC)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 30 #
2020/2167(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Agency’s management board to swiftly adopt the action plan to implement the updated fundamental rights strategy and improve the mechanisms for monitoring and reporting fundamental rights violations and complaints in the Agency;
Amendment 40 #
2020/2167(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that the increased competences and budget for the Agency need to be accompanied by a corresponding increase in accountability and transparency; stresses that discharge for the Agency is conditional on such accountability and transparency, especially on the Agency's commitment to Union law; stresses in this context the need for a full clarification of the alleged violations of fundamental rights at the external bordernd should have been subject to yearly cost analysis and impact evaluations; stresses that discharge for the Agency is conditional on accurate and comprehensive information about its activities;
Amendment 200 #
2020/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the geostrategic imperative that the Union and the Member States regain itstheir sovereignty and independence with regard to health care and secure its supply of medicines and medical equipment;
Amendment 217 #
2020/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, while public health policies are a Member State matter, it is incumbent upon the EU to coordinatewhile the EU could support and complement national measures to guarantee affordable and high-quality health services for European citizens;
Amendment 491 #
2020/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends the introduction of centralised management to bring about greater transparency in the distribution chain and the creation of a European supply management unit tasked with developing a European strategygreater transparency in the distribution chain to prevent and resolve breaks in supply;
Amendment 567 #
2020/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to adopt a joint definition of ‘medicines of strategic importance for health care’ and of ‘criticality’, emphasising the value of these medicines for public health, the lack of alternatives and the vulnerability of the production chain; calls for a European regulatory authority to be designated to carry out the task of setting quotas for the allocation of medicines from that reserve to the Member States;
Amendment 591 #
2020/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to develop innovative and coordinated strategies and to step up exchanges of good practice in the area of stock management; considers that the European Medicines Agency (EMA) could be designated as the regulatory authority tasked with preventing shortages of essential medicines, with a correspondingly wider remit and more staff;
Amendment 55 #
2020/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitisation and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objectives and fundamone of the main objectives of the EUTF is to contribute to better migration management, including tackling illegal migration to the EU; stresses that the existing strategy is not working effectively as the current strength of human-trafficking mafias, the exponential rights associated with this approach.increase of arrivals of irregular migrants, and the low return rates can prove;
Amendment 63 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that development aid and support for refugees from the EU and the Member States to partner countries must be conditional to a loyal cooperation and to their compliance with migration management and border control, returns and readmissions; regrets, in this regard, the lack of action from the European Commission against the threats and hostility coming from beneficiary countries such as Turkey and Morocco;
Amendment 4 #
2020/2006(INL)
Draft opinion
Recital A
Recital A
A. whereas deforestation can be in part tackled by srecurognising the economic value of forests and, by creating incentives for forest ownership and by urging Member States to end subsidies for biomass; whereas, at the same time, it is crucial to maintain a balance betweenprotect primary forests and stimulate the regeneration of secondary forests;
Amendment 26 #
2020/2006(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Union addresses the risk of deforestation by means of EU Timber Regulation1 (EUTR), communication of the Commission ‘Forest Law Enforcement, Governance and Trade- Proposal for an EU Action Plan’ (FLEGT) and Renewable Energy Directive2 (RED II), which include numerous rules the purpose of which and could serve as a valuable basis to minimise the risk of deforestation and illegal logging; _________________ 1Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23). 2Directive (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 (OJ L 328, 21.12.2018, p. 82).
Amendment 37 #
2020/2006(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission in its efforts to strengthen standards and certification schemes that help to identify and promote deforestation-free commodities only when certificates, such as FSC certificates, strictly adhere to the retention of the forest area; demands furthermore that FSC certificates be withdrawn when conversion to vegetation other than forest is permitted;
Amendment 236 #
2020/0361(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) Given that very large online platforms play an essential role in the provision of information to consumers, their general terms and conditions should not restrict fundamental rights, in particular the right to freedom of expression, beyond the limits of the law. Nevertheless, they must be able to give users the option of not viewing certain content, although this decision must always lie with the user and never be promoted by any of the very large online platforms. The latter must ensure at all times that a 'full free speech' mode is available to all adult users, enabling them to view all content that cannot be considered manifestly illegal, in accordance with the laws of the various Member States.
Amendment 237 #
2020/0361(COD)
Proposal for a regulation
Recital 62 b (new)
Recital 62 b (new)
(62b) It must be possible to hold very large online platforms accountable for improperly removing content or restricting user access and they should accordingly be liable to pay a minimum amount in damages for so doing. This will increase the willingness of the public to ascertain whether certain content is illegal or protected by freedom of expression, not to mention encouraging very large online platforms to exercise caution when removing content.
Amendment 238 #
2020/0361(COD)
Proposal for a regulation
Recital 62 c (new)
Recital 62 c (new)
(62c) Given the imbalance between consumers and the very large online platforms, especially regarding legal expertise and financial resources, it is only fair for Member States to establish a freedom of speech procedure, facilitating the fully digital presentation by users to a judicial authority in their Member State of content removed by one of the very large online platforms. The latter have the technical means to forward deleted content to the judicial authority in question at the touch of a button. The judicial authority must then decide as soon as possible, but within no more than three working days, whether the deleted content is manifestly illegal. If the content is not manifestly illegal, the very large online platform must immediately place the content back online and compensate the user no later than seven working days after the latter has provided all information necessary for settlement of the damages. Within 14 days of the decision of the national legal authority, the very large online platform must ensure that action is taken to remedy the infringement. It must incorporate the decisions of the national judicial authorities into the algorithms they use to assess, where necessary, whether content should be deleted.
Amendment 270 #
2020/0361(COD)
Proposal for a regulation
Recital 105
Recital 105
(105) This Regulation respects the fundamental rights recognised by the Charter and the fundamental rights constituting general principles of Union law. Accordingly, this Regulation should be interpreted and applied in accordance with those fundamental rights, includingespecially the freedom of expression and information, as well as the freedom and pluralism of the media. When exercising the powers set out in this Regulation, all public authorities involved should achieve, in situations where the relevant fundamental rights conflict, a fair balance between the rights concerned, in accordance with the principle of proportionalitystrike a fair balance between conflicting fundamental rights, while attaching particular weight to freedom of expression, a fundamental right that is one of the cornerstones of a democratic society, something that may not be true of other fundamental rights, notwithstanding their importance. Where fundamental rights enter into conflict with each other, account must be taken of the applicable case law, especially that established by the European Court of Human Rights and the Member State courts responsible, in determining which shall prevail in any particular case.
Amendment 271 #
2020/0361(COD)
Proposal for a regulation
Recital 106
Recital 106
(106) Since the objective of this Regulation, namely the proper functioning of the internal market and to ensure a technologically safe, predictable and trusted online environment in which the fundamental rights enshrined in the Charter are duly protected, cannot be sufficiently achieved by the Member States because they cannot achieve the necessary harmonisation and cooperation by acting alone, but can rather, by reason of its territorial and personal scope, be better achieved at the Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 274 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a technologically safe, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 275 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1 (new)
Article 1 – paragraph 2 – subparagraph 1 (new)
(c) ensure that the fundamental rights of each and every individual, in particular the fundamental right to freedom of expression, are effectively protected and can be exercised freely within the limits set by law.
Amendment 287 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) 'manifestly illegal content' means content that can be established beyond reasonable doubt as being contrary to the law; content that includes sexual acts with minors or direct incitement to violence is, in every case, manifestly illegal;
Amendment 561 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
Amendment 562 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Amendment 586 #
2020/0361(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a. Compensation for erroneous removal of content Online platforms shall compensate users for wrongful termination of services pursuant to Article 20(1) or (2). An online platform shall be liable to pay minimum compensation for termination of service under Article 20(1), amounting to EUR 1 000 where the user is a natural person and EUR 2 500 per day where the user is a business entity. This shall be without prejudice to the right of the user to seek reimbursement of actual damages. An online platform shall be liable to pay minimum compensation of EUR 5 000 for termination of service under Article 20(2).
Amendment 626 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b a (new)
Article 26 – paragraph 1 – point b a (new)
(ba) In carrying out risk assessment, very large online platforms shall pay particular attention to their general terms and conditions, regardless of their form or name, and consider how these general terms and conditions relate to the right to freedom of expression, as laid down in Article 11 of the Charter and Article 10 of the ECHR. Very large online platforms shall also closely comply with ECHR case law. They shall ensure that their general terms and conditions do not limit freedom of expression beyond the limits set by law;
Amendment 630 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conductingIn carrying out risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.pay particular attention to their terms and conditions, regardless of their form or name, and see how they relate to the right to freedom of expression, as laid down in Article 11 of the Charter and Article 10 of the ECHR. They shall also closely comply with ECHR case law. They shall ensure that their terms and conditions do not limit freedom of expression beyond the limits set by law;
Amendment 634 #
2020/0361(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a. Very large online platforms shall not remove content or restrict access to their platform under their own authority unless the user is manifestly distributing illegal content. Removal of content or the restriction of access to the platform in the event of systematic or non-systematic distribution of illegal content may be authorised only through a court order.
Amendment 45 #
2020/0350(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen Information System (‘SIS’) constitutes an essentialimportant tool for maintaining a high level of security within the area of freedom, security and justice of the Union by supporting operational cooperation between national competent authorities, in particular border guards, the police, customs authorities, immigration authorities, and authorities responsible for the prevention, detection, investigation or prosecution of criminal offences or execution of criminal penalties. Regulation (EU) 2018/1862 of the European Parliament and of the Council28 constitutes the legal basis for SIS in respect of matters falling within the scope of Chapters 4 and 5 of Title V of Part Three of the Treaty on Functioning of the European Union (TFEU). _________________ 28 Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
Amendment 50 #
2020/0350(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bridge the gap in information sharing on serious crime and terrorism, in particular on foreign terrorist fighters – where the monitoring of their movement is, apprehension and prosecution are crucial – it is necessary to ensure Europol is able to make this information available directly and in real- time to front- line officers in Member States.
Amendment 52 #
2020/0350(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 54 #
2020/0350(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Given the lack of democratic oversight over Europol, it is not desirable to enable Europol itself to establish SIS rules. That does not diminish the importance of SIS. It is up to Europol to adequately share the information it obtains through third parties with the Member States concerned.
Amendment 55 #
2020/0350(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To that end, a specific category of alert should be created in SIS, to be issued exclusivelyallowing the competent authorities of the Member States to report that the alert has been initiated by Europol, in order to inform end-users carrying out a search in SIS that the person concerned is suspected of being involved in a criminal offence in respect of which Europol is competent, and in order for Europol to obtain confirmation that the person who is subject to the alert has been located.
Amendment 60 #
2020/0350(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to assess whether a concrete case is adequate, relevant and important enough to warrant the entry of an alert in SIS, and in order to confirm the reliability of the source of information and the accuracy of the information on the person concerned, Europol should carry out a detailed individual assessment of each case including further consultations with the third country or international organisation that shared the data on the person concerned, as well as further analysis of the case, in particular by cross checking it against information it already holds in its databases, to confirm the accuracin order to vouch for the reliability of the information it delivers and complement it with other data on the basis of its own databases. The detailed individual assessment should include the analysis of whether there are sufficient grounds for considering that the person has committed or taken part in, or will commit a criminal offence in respect of which Europol is competent.
Amendment 61 #
2020/0350(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 65 #
2020/0350(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Europol should keep records of the individual assessment of each case, which in respect of which it requests an alert from the competent authorities of the Member States, and this should include the grounds for entering the alert, for the purposes of verifying the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. In accordance with Regulation (EU) 2016/794, Europol should co-operate with the European Data Protection Supervisor and make these records available upon request, so that they can be used for monitoring processing operations.
Amendment 67 #
2020/0350(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 71 #
2020/0350(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 75 #
2020/0350(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Since the objectives of this Regulation, namely the establishment and regulation of a specific alert category issued by the Member States at the instigation of Europol in SIS in order to exchange information on persons who represent a threat to the internal security of the European Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of their nature be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 84 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Chapter IXa – Title
Chapter IXa – Title
Alerts entered byat the instigation of Europol on persons of interest
Amendment 86 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 1
Article 37a – paragraph 1
1. Europol may enter alerts on persons in SIS for the prequest the competent authorities of the Member States to enter alerts on persons in SIS and introduce a special category indicating that the alert concerned was initiated by Europose ofl. The aim of this shall be to informing end- users carrying out a search in SIS of the suspected involvement of those persons in a criminal offence in respect of which Europol is competent in accordance with Article 3 of Regulation (EU) 2016/794, as well as for the purpose of obtaining information in accordance with Article 37b of this Regulation that the person concerned has been located.
Amendment 89 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 2 – introductory part
Article 37a – paragraph 2 – introductory part
2. Europol may only enter an alert in SIS onrequest the competent authorities of a Member State to enter an alert in SIS and introduce the special category in respect of persons who are third-country nationals on the basis of information received from a third country or an international organisation in accordance with Article 17(1)(b) of Regulation (EU) 2016/794, where the information relates to one of the following:
Amendment 97 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – introductory part
Article 37a – paragraph 3 – introductory part
3. Europol may only enter anrequest competent authorities to enter a Europol- instigated alert in SIS after it has ensured all of the following:
Amendment 103 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 3 – point d
Article 37a – paragraph 3 – point d
Amendment 107 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 4
Article 37a – paragraph 4
4. Europol shall keep detailed records relating to the entry of thean alert in SIS that has been initiated by Europol, and is registered as such in the relevant category, and the grounds for such entry to permit verification of compliance with the substantive and procedural requirements laid down in paragraphs 1, 2 and 3. Such records shall be available for the European Data Protection Supervisor on request.
Amendment 112 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 5
Article 37a – paragraph 5
5. Europol shall inform all Member States of the entry of thean alert in SIS that has been registered in the Europol- instigated category through the exchange of supplementary information in accordance with Article 8 of this Regulation.
Amendment 114 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37a – paragraph 6
Article 37a – paragraph 6
Amendment 117 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
1. In the event of a hit on an alert enregistered byin the Europol-instigated category, the executing Member State shall:
Amendment 124 #
2020/0350(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1862
Article 37b – paragraph 1 – point b
Article 37b – paragraph 1 – point b
(b) in accordance with national law, decide whether it is necessary to take any further measures.Does not affect the English version.)
Amendment 126 #
2020/0349(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Europe faces a security landscape in flux, with evolving and increasingly complex security threats. Criminals and terrorists exploit the advantagabuse the capabilities that the digital transformation and new technologies bring about, including the inter-connectivity and blurring of the boundaries between the physical and digital world. The COVID-19 crisis has added to this, as criminals have quickly seized opportunities to exploit the crisis by adapting their modes of operation or developing new criminal activities. Terrorism remains a significant threat to the freedom and way of life of the Union and its citizenenabled criminals to take improper advantage by adapting their modes of operation or developing new criminal activities.
Amendment 128 #
2020/0349(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Terrorism remains a significant threat to the freedom and way of life of the Union and its citizens. Some of these potential terrorists have grown up within the European Union, but terrorists also enter the European Union from outside and pose a threat to the security of the inhabitants of each Member State. It therefore remains important to protect the European Union's external borders adequately so that it can be seen who is and who is not entering European Union territory. It is also important to acknowledge at least that that is being insufficiently overseen.
Amendment 131 #
2020/0349(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As Europe faces increasing threats from organised crime groups and terrorist attacks, an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. In the Union, the law enforcement units of the Member State cooperate on the basis of Council Decision 2008/617.53. Europol should be able to provide support to these special intervention units, including by providing operational, technical and financial support. It should be noted in this connection that, in accordance with the Treaties, Member States bear primary responsibility for the security of their nationals. Technical and financial support should therefore always be complementary to the efforts undertaken by Member States to ensure the security of their citizens. _________________ 53Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations (OJ L 210, 6.8.2008).
Amendment 135 #
2020/0349(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In recent years large scale cyber attacks targeted public and private entities alike across many jurisdictions in the Union and beyond, affecting various sectors including high-tech, transport, health and financial services. Cybercrime and cybersecurity cannot be separated in an interconnected environment. The prevention, investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors, including the European Union Agency for Cybersecurity (‘ENISA’), competent authorities for the security of network and information systems (‘NIS authorities’) as defined by Directive (EU) 2016/114854, law enforcement authorities and private parties. In order to ensure the effective cooperation between all relevant actors at Union and national level on cyber attacks and security threats, Europol should cooperate with the ENISA through the exchange of information and by providing analytical support. _________________ 54Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1–30).
Amendment 137 #
2020/0349(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The threats posed by serious crime require a coordinated, coherent, multi- disciplinary and multi-agency response. Europol should be able to facilitate and support such intelligence-led security initiatives driven by Member States to identify, prioritize and address serious crime threats, such as the European Multidisciplinary Platform Against Criminal Threats. Europol should be able to provide administrative, logistical, financial and operational support to such activities, supporting the identification of cross-cutting priorities and the implementation of horizontal strategic goals in countering serious crime.
Amendment 144 #
2020/0349(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Europol has an important role to play in support of the evaluation and monitoring mechanism to verify the application of the Schengen acquis as established by Council Regulation (EU) No 1053/2013. Given the need to reinforce the Union’s internal security, Europol should contribute with its expertise, analysis, reports and other relevant information to the entire evaluation and monitoring process, from programming to on-site visits and the follow-up. Europol should also assist in developing and updating the evaluation and monitoring tools. Europol should ensure that a public-friendly version of those evaluations is published too. In addition, Europol should in general ensure the highest possible level of transparency, in particular as regards the results it has achieved in cooperation with the competent services in the Member States.
Amendment 146 #
2020/0349(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Risk assessments are an essential element of foresight toimportant for anticipateing new trendsforms of crime and tofor addressing new threats in serious crime and terrorism. To support the Commission and the Member States in carrying out effective risk assessments, Europol should provide threats assessment analysis based on the information it holds on criminal phenomena and trends, without prejudice to the EU law provisions on customs risk management. Risk assessments should be made public as far as possible.
Amendment 162 #
2020/0349(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Publishing the identity and certain personal data of suspects or convicted individuals, who are wanted based on a Member State’s judicial decision, increases the chances of locating and arresting such individuals. To support Member States in this task, Europol should be able to publish on its website information on Europe’s most wanted fugitives for criminal offences in respect of which Europol is competent, and facilitate the provision of information by the public on these individuals. However, it is also important to abide by the presumption of innocence. Europol should abide by that principle in connection with any action, and in particular when it publishes personal information on the internet. Europol should therefore be constantly aware of the possible consequences of publishing personal data on its website.
Amendment 171 #
2020/0349(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Data collected in criminal investigations have been increasing in size and have become more complex. Member States submit large and complex datasets to Europol, requesting Europol’s operational analysis to detect links to other crimes and criminals in other Member States and outside the Union. Member States cannot detect such cross-border links less effectively through their own analysis of the data. Europol should be able to support Member States’ criminal investigations by processing large and complex datasets to detect such cross- border links where the strict requirements set out in this Regulation are fulfilled. Where necessary to support effectively a specific criminal investigation in a Member State, Europol should be able to process those data sets that national authorities have acquired in the context of that criminal investigation in accordance with procedural requirements and safeguards applicable under their national criminal law and subsequently submitted to Europol. Where a Member State provides Europol with an investigative case file requesting Europol’s support for a specific criminal investigation, Europol should be able to process all data contained in that file for as long as it supports that specific criminal investigation. Europol should also be able to process personal data that is necessary for its support to a specific criminal investigation in a Member State if that data originates from a third country, provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, and provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law. Member States and Europol should keep presumption of innocence in mind at all times when providing and processing datasets.
Amendment 180 #
2020/0349(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Europol provides operational support to the criminal investigations of the competent authorities of the Member States, especiallyincluding by providing operational and forensic analysis. Member States should be able to make the results of these activities available to their relevant other authorities, including prosecutors and criminal courts, throughout the whole lifecycle of criminal proceedings], without prejudice to Member State law, including criminal procedural law. To that end, Europol staff should be enabled to give evidence, which came to their knowledge in the performance of their duties or the exercise of their activities, in criminal proceedings, without prejudice to the applicable use restrictions and national law, including criminal procedural law.
Amendment 289 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Regulation (EU) 2016/794
Article 4 – paragraph 5
Article 4 – paragraph 5
Europol staff may assist the competent authorities of the Member States, at their request and in full accordance with their national law, in the taking of investigative measures. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 294 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/794
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In specific cases where Europol considersis of the opinion that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member State or Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation. In full compliance with Member State law, including criminal procedural law. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 347 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2016/794
Article 18a – paragraph 1 – point b
Article 18a – paragraph 1 – point b
(b) Europol assessconcludes that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded.
Amendment 369 #
2020/0349(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU) 2016/794
Article 20 – paragraph 5
Article 20 – paragraph 5
5. When national law allows for Europol staff to provide evidence which came to their knowledge in the performance of their duties or the exercise of their activities, only Europol staff authorised by the Executive Director to do so shall be able to give such evidence in judicial proceedings in the Member States.; This provision shall be without prejudice to any obligations which Europol staff may have under the national law of Member States.
Amendment 260 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The 8th EAP aims at accelerating the transition to a climate-neutral, resource-efficient, clean and circular economy in a just and inclusive way, and endorses the environmental and climate objectives of the European Green Deal and its initiativesto make a cleaner economy possible.
Amendment 266 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 283 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The 8th EAP has the long-term priority objective for 2050 that citizens live well, within the planetary boundaries in a regenerative economy where nothing is wasted, no net emissions of greenhouse gases are produced and economic growth is decoupled from resource use and environmental degradation. A healthy environment underpins the well-being of citizens, biodiversity thrives and natural capital is protected, restored and valued in ways that enhance resilience to climate change and other environmental risks. The Union sets the pace for ensuring the prosperity of present and future generations globally.
Amendment 290 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. The 8th EAP has the following sixfive thematic priority objectives :
Amendment 296 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 343 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) promoting environmental sustainability and reducing key environmental and climate pressures related to production and consumption, in particular in the areas of energy, industrial development, buildings and infrastructure, mobility and the food system.
Amendment 374 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensuring effective and efficient implementation of Union legislation on the environment and climate and striving for excellence in environmental performance at Union, national, regional and local levels including through providing appropriate administrative and compliance assurance capacity, as laid out in the regular Environmental Implementation Review, as well as stepping up action against environmental crime,
Amendment 426 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) effectively integrating environmental and climate sustainabipolitcy in the European Semester of economic governance, including in the National Reform Programmes and National Recovery and Resilience plans;
Amendment 430 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 439 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) phasing out environmentally harmful subsidies at Union and national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices;
Amendment 458 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ensuring that environmental policies and action are based on the best available scientific knowledge and strengthening the environmental knowledge base and its uptake, including by research, innovation, fostering green skills, and further building up environmental and ecosystem accounting and innovation;
Amendment 489 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) harnessing the potential of digital and data technologies to support environment policy while minimising their environmental footprint, while recognising that humans are social beings in need of sufficient social contact;
Amendment 516 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 1
Article 3 – paragraph 1 – point k – indent 1
— engaging with partner countries on climate and environmental action, encouraging and supporting them to adopt and implement rules in theseis areas that are as ambitious as those of the Union, and ensuring that all products placed on the Union market fully comply with relevant Union requirements in line with the Union’s international commitments;
Amendment 526 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 3
Article 3 – paragraph 1 – point k – indent 3
Amendment 13 #
2020/0106(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The financing and investment operations should be aligned with current policy priorities of the Union such as the European Green Deal and the Strategy Solvency Support Instrument is not designed to steer the economies of the Member States in another direction. The financing and investment operations shaping Europe’s digital future. Support to cross-border activities should also be targetedould focus on the rapid recovery of the economies of the Member States and thus prevent further unemployment.
Amendment 23 #
2020/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
Article 9 – paragraph 2 – subparagraph 3 – introductory part
Amendment 132 #
2020/0102(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) While Member States are responsible for their health policies, they are expected to protect public health in a spirit of European solidarity8. Experience from the ongoing COVID-19 crisis has demonstrated that there is a need for a further firm action at Union level to support cooperation and coordin. However, the COVID-19 crisis has demonstrated that cooperation among the Member States in order to improve thes welcome in order to prevention and control of the spread of severe human diseases across borders, to combat other serious cross- border threats to health and to safeguard the health and well-being of people in the Union. __________________ 8Communication to the European Parliament, the European Council, the Council, the European Central Bank, the European Investment Bank and the Eurogroup on coordinated economic response to the COVID-19 outbreak, COM(2020)112 final of 13.03.2020.
Amendment 282 #
2020/0102(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The Programme therefore should contribute to disease prevention throughout the lifetime of an individual and to health promotion by addressing health risk factors, such as the use of tobacco and related products and exposure to their emissions, the harmful use of alcohol, and the consumption of illicit drugs. The Programme should also contribute to the reduction of drugs-related health damage, unhealthy dietary habits and physical inactivity, and exposure to environmental pollution, and foster supportive environments for healthy lifestyles in order to complement Member States action in these areas. The Programme should also therefore contribute to the objectives of the European Green Deal, the Farm to Fork Strategy and the Biodiversity Strategy.
Amendment 416 #
2020/0102(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 430 #
2020/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘One Health approach’ means an approach which recognises that human and animal health are interconnected, that diseases may be transmitted from humans to animals and vice versa and must therefore be tackled in both, and that the environment links humans and animals;
Amendment 443 #
2020/0102(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The Programme shall pursue the following general objectives, in keeping with the ‘One Health’ approach where relevapending the outcomes of independent, science-based impact assessments:
Amendment 494 #
2020/0102(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
The general objectives referred to in Article 3 shall be pursued through the following specific objectives, in keeping with the ‘One Health’ approach where relevapending the outcomes of independent, science-based impact assessments:
Amendment 569 #
2020/0102(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
(6) support action for the surveillance, prevention, diagnosis and treatment and care of non-communicable diseases, and notably of cancersevere chronic diseases such as cardiovascular diseases, cancer, chronic respiratory diseases and diabetes;
Amendment 615 #
2020/0102(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Amendment 616 #
2020/0102(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
Amendment 617 #
2020/0102(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
Amendment 626 #
2020/0102(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a – point ii
Article 14 – paragraph 1 – point a – point ii
Amendment 627 #
2020/0102(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a – point iii
Article 14 – paragraph 1 – point a – point iii
Amendment 629 #
2020/0102(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Legal entities established in a third country which is not associated to the Programme should in principle bear the cost of their participation.
Amendment 651 #
2020/0102(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The interim evaluation of the Programme shall be performed once there is sufficient information available about their implementation, but not later than four years after the start of the implementation and before a decision is taken on future work programmes. The findings of the interim evaluation shall be made public.
Amendment 50 #
2020/0097(COD)
Proposal for a decision
Recital 6
Recital 6
(6) To improve planning in prevention and preparedness, the Union should continue advocating for investment in prevention of disasters across sectors, and for comprehensive risk management approaches that underpin prevention and preparedness, taking into account a multi- hazard approach, an ecosystem-based approach and the likely impacts of climate change, in close cooperation with the relevant scientific communities and key economic operators. To that effect, cross- sectoral and all-hazard approaches should be put at the forefront and be based on Union wide resilience goals feeding into a baseline definition of capacities and preparedness. The Commission is to work together with Member States when defining Union wide resilience goals.
Amendment 66 #
2020/0097(COD)
Proposal for a decision
Recital 15
Recital 15
Amendment 67 #
2020/0097(COD)
Proposal for a decision
Recital 16
Recital 16
Amendment 72 #
2020/0097(COD)
Proposal for a decision
Recital 21
Recital 21
Amendment 81 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Decision No 1313/2013/EU
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The Commission shall define Union disaster resilience goals to support prevention and preparedness actions. Disaster resilience goals shall ensure a common baseline for maintaining critical societal functions in the face of cascading effects of a high impact disaster and for ensuring the functioning of the internal market. The goals shall be based on forward looking scenarios, including the impacts of climate change on disaster risk, data on past events and cross-sectoral impact analysis with a particular attention to vulnerable people.
Amendment 85 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Decision No 1313/2013/EU
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 104 #
2020/0097(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Decision No 1313/2013/EU
Article 20a
Article 20a
Amendment 44 #
2020/0036(COD)
Proposal for a regulation
–
–
The Committee on Industry, Research and Energy calls on the Committee on Environment, Public Health and Food Safety as the committee responsible, to propose rejection of the Commission proposal .
Amendment 54 #
Amendment 58 #
2020/0036(COD)
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law rational environmental policy in the wake of the Corona crisis (The change from Regulation to Directive applies throughout the text. Adopting this amendment it will necessitate corresponding changes throughout.)
Amendment 69 #
2020/0036(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union’s natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be economically feasible, based on the latest independent scientific evidence and just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 82 #
2020/0036(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Intergovernmental Panel on Climate Change’s (IPCC) Special Report on the impacts of global warming of 1.5 °C above pre-industrial levels and related global greenhouse gas emission pathways20 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. It confirms that greenhouse gas emissions need to be urgently reduced, and that climate change needs to be limited to 1.5 °C, in particular to reduce the likelihoodthe basis for the need to step up climate adaptation measures. The IPCC report also found little to no evidence that global warming caused many types of extreme weather events to increase. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services’ (IPBES) 2019 Global Assessment Report21 showed worldwide erosion of biodiversity, with climate change as the third most important driver of biodiversity loss.22 _________________ 20IPCC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma- Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)]. 21IPBES 2019: Global Assessment on Biodiversity and Ecosystem Services. 22European Environment Agency’s The European environment – state and outlook 2020 (Luxembourg: Publication Office of the EU, 2019).
Amendment 89 #
2020/0036(COD)
Amendment 100 #
2020/0036(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The United Nations Framework Convention on Climate Change (the ´Paris Agreement´) was signed by the EU Member States and the EU as a supranational organisation and, as a result of this and the Nationally Determined Contributions (NDCs) submitted in this context, it has a binding force which is reflected inter alia in Regulation EU 2018/1999. The Paris Agreement sets out a long-term goal to keep the global temperature increase to well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1.5 °C above pre- industrial levels23 , and stresses the importance of adapting to the adverse impacts of climate change24 and making finance flows consistent with a pathway towards lowdespite the ongoing scientific debate involving different views of the causes of climate change. The Paris Agreement’s requirement to use financial flows to reduce greenhouse gas emissions and reconcile them with climate-resiliestant development25 . _________________ 23 Article 2.1.a of the Paris Agreement. 24must be replaced by a rational environmental policy based in particular on adaptation to climate change, which has been going on for millions of years. _________________ 23 Article 2.1.ba of the Paris Agreement. 25 Article 2.1.c of the Paris Agreement.
Amendment 127 #
2020/0036(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Achieving climate neutrality should require a contribution from all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to a sustainable, affordable and secure energy system relying on a well-functioning internal energy market is essentialresilience should be a goal for all Member States. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutralityresilience objective.
Amendment 154 #
2020/0036(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 259 #
2020/0036(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objectiin order to protect the environment and to adapt to climate change at national and Union level, Member States and the European Parliament, the Council and the Commission should take into account the contribution of the transition to climate neutrality tosocio-economic aftermath of the Corona crisis in the medium and long term; the well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability; fairness and solidarity across and within Member States considering their economic capability, national circumstances and the need for convergence over time; the need topreservation of the social marke the transition just and socially fair; best available scientific evidence, in particular the findings reported by the IPCCt economy; respect for the principles of national sovereignty and subsidiarity; respect for obligations under the common internal market; best available scientific evidence; the need to integrate climate change related risks into investment and planning decisions; cost- effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; progression over time in environmental integrity and level of ambitionthe sense of a rational environmental policy.
Amendment 299 #
2020/0036(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To ensure the Union and the Member States remain on track to achieve the climate-neutrality objective and progress on adaptation, the Commission should regularly assess progress. Should the collective progress made by Member States towards the achievement of the climate-neutrality objective or on adaptation be insufficient or Union measures inconsistent with the climate- neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience or reduce vulnerability, the Commission should take the necessary measures in accordance with the Treaties. The Commission should also regularly assess relevant national measures, and issue recommendations where it fihe Commission, as an executing authority, respecting subsidiarity and proportionality, is permitted to draw up an overview of the policies of the EU Member States in the sense of a rational environmental policy ands that a Member State’s measures are inconsistent with the climate-neutrality objective or inadequate to enhance adaptive capacity, strengthen resilience and reduce vulnerability to climate changeo comment on them in the sense of non-binding recommendations.
Amendment 319 #
2020/0036(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Commission should ensure a robust and objective assessment based on the most up to date scientific, technical and socio-economic findings, and representative of a broad range of independent expertise, and base its assessment on relevant information including information submitted and reported by Member States, reports of the European Environment Agency, best available scientific evidence, including the reports of the IPCC. Given that the Commission ha. The Commission has already given its committedment to exploring how the EU taxonomy can be used in the context of the European Green Deal by the public sector, this should include information on environmentally sustainable investment, by the Union and Member States, consistent with Regulation (EU) 2020/… [Taxonomy Regulation] when such information becomes availablehas to be adapted to the goal of a rational environmental policy. The Commission should use European statistics and data where available and seek expert scrutiny. The European Environment Agency should assist the Commission, as appropriate and in accordance with its annual work programmethe guideline of a rational environmental policy.
Amendment 352 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progrhe current ideologically based so-called “climate policy” must be transformed into a rational environmental policy. This is primarily the responsibility of the EU Member Statess, with the climate-neutrality objective,hich can coordinate their 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 set out a trajectory for achievlicies at EU level as required, without an EU institution unduly attempting to usurp competences that are ing net zero greenhouse gas emissions in the Union by 2050. It is of particular importance thato way covered by the Lisbon Treaties. In order to promote a rational environmental policy, the Commission may carriesy 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-Making37 . 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. _________________ 37 OJ L 123, 12.5.2016, p. 1.
Amendment 365 #
2020/0036(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In line with the Commission’s commitment to the principles on Better Law-Making, coherence of the Union instruments as regards greenhouse gas emissions reductions should be sought. The system of measuring the progress towards the achievement of the climate- neutrality objective as well as the consistency of measures taken with that objective should build upon and be consistent with the governance framework laid down in Regulation (EU) 2018/1999. In particular, the system of reporting on a regular basis and the sequencing of the Commission’s assessment and actions on the basis of the reporting should be aNot only in the light of the COVID-19 pandemic and its currently not assessable effects, the governance framework laid down in Regulation (EU) 2018/1999 need to be reviewed and, where necessary, amended in ligned to the requirements to submit information and provide reports by Member States laid down in Regulation (EU) 2018/1999. Regulation (EU) 2018/1999 should therefore be amended in order to include the climate-neutrality objective in the relevant provisions with the principles of a rational environmental policy, subject to new conclusions from the European Council.
Amendment 367 #
2020/0036(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Climate change is by definition a trans-boundary challenge and a coordinated action at Union level is needed to effectively supplement and reinforce national policies. Since the objectives of this Regulation, namely to achieve climate neutrality in the Union by 2050, cannot be sufficiently achieved by the Member States alone, but can rather, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,The Member States have the primary competence to formulate a rational environmental policy. They can voluntarily coordinate their policies at EU level if necessary. The principle of subsidiarity must be respected. This concerns also the national parliamentary scrutiny according to articles 5(3) and 12(b) TEU.
Amendment 380 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the irreversible and gradual reduction of greenhouse gas emissions and enhancement of removals by natural or other sinks in the UnionDirective aims to promote the necessary transition to a rational environmental policy. To this end, the EU Member States and the EU institutions must review, question and, if necessary, adapt all existing policies. When taking measures to protect the environment and adapt to climate change at national and Union level, Member States and the European Parliament, the Council and the Commission should pay particular attention to the medium and long-term socio-economic consequences of the Corona crisis, the well-being of citizens, the prosperity of society and the competitiveness of the economy.
Amendment 393 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 406 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 418 #
2020/0036(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
2 Climate-neutralitReassessment of environmental and climate policy objectives
Amendment 423 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced at the latest by 2050, thus reducing emissions to net zero by that date. The policies of the EU Member States and the EU institutions have for some time now been focused merely on the highest conceivable reduction of greenhouse gases within the framework of a “climate policy” that can be described as essentially ideological, which shall primarily be achieved through economic intervention in the free market economy and a policy of prohibition. The focus is shifting more and more towards spectacular reduction targets that can neither be scientifically substantiated nor take into account the economic premises necessary for protective measures of any kind. Environmental protection is only possible in a free society that provides the technical innovative power and the necessary economic performance to make this feasible. More and more often, not even ecological considerations are given the necessary space; for example, when the environmental damage caused by the mining of resources for batteries to pursue renewable energy production, which up to now has been promoted by politics, is shifted to non-European countries. It is therefore essential, not only in the wake of the COVID-19 pandemic which is putting an unprecedented pressure on our economy, that the EU institutions and their Member States review, question and, where necessary, adapt all existing policies. This includes in particular the EU regulations mentioned above, namely Directive 2003/87/EC (greenhouse gas emission allowance trading), Regulation(EU) 2018/842 (national targets for the reduction of greenhouse gas emissions), Regulation (EU) 2018/841 (compensation of greenhouse gases) and Regulation (EU)2018/1999 (governance system for the Energy Union and climate protection), but also, downstream, Directive 2012/27/EU (energy efficiency), Directive (EU)2018/2001 (use of renewable energies) and Directive 2010/31/EU (building efficiency) and, if necessary, other EU regulations. Adaptation to ongoing natural climate change, the causes of which must be further researched by independent scientists, must be at the heart of future policy.
Amendment 445 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union andor national level respectively, to enable the collective achievement of the climate-neutralityin accordance with the principle of subsidiarity, to enable the objectives set out in paragraph 1 to be achieved jointly, taking into account the importance of promoting fairness and solidarity among Member Statesbetween Member States. In addition, EU Member States shall be called upon to reassess their commitments under the Paris Agreement.
Amendment 474 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 20201, the Commission shall review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in lightview of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990. Where the Commission considers that itreassessment set out in Article 2(1). Furthermore, the Commission should examine the extent to which Regulation (EU) 2018/1999 is affecting the economies of the EU Member States and, isf necessary to amend that target, it shall make proposals to the European Parliament, draw up proposals to adapt this Regulation so that the Member States, while respecting their sovereignty, can once again, take measures to implement a rational environmental policy that protects the environment for people, safeguards their health and ato the Council as appropriatesame time enables economic development.
Amendment 487 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 536 #
2020/0036(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
3 Trajectory for achieving climate neutralityDelegated legislation
Amendment 540 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryIrrespective of the policy field, it must be understood that any inappropriate request by an EU institution to usurp competences beyond those laid down in the Treaties must be rejected in the strongest terms. Specifically, this includes the Commission’s request that it be given the power to impose decisions of a fundamental nature by means of delegated legislation, to which Parliament and the Council would only have a right of objection retrospectively. Such a request from an executive authority that is largely made up of unelected officials and therefore lacks sufficient democratic legitimacy is unacceptable, whatever the subject matter. Rather, decisions of a fundamental nature, such as the setting of possible emission reduction targets for 2030 or beyond, are the sole responsibility of the EU Member States and thus at EU level of the European Council.
Amendment 561 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 569 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 581 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 602 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
Amendment 621 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
Amendment 632 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
Amendment 656 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
Amendment 663 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 675 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
Amendment 686 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point h
Article 3 – paragraph 3 – point h
Amendment 694 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point i
Article 3 – paragraph 3 – point i
Amendment 704 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j
Article 3 – paragraph 3 – point j
Amendment 761 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Member States and the relevant Union institutions and the Member States shall ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement.
Amendment 783 #
2020/0036(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Assessment of Union progress and measures in the sense of a rational environmental policy
Amendment 784 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Amendment 792 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
Amendment 804 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
Amendment 815 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 821 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 846 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 859 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 879 #
Amendment 880 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Amendment 890 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the trajectory referred to in Article 3(1);change Adaptation or a new mechanism for the evaluation of national measures which in the course of a readjustment of Regulation (EU) 2018/1999 has been adopted. In the absence of new guidelines from the European Council, Regulation (EU) 2018/1999 will remain in force unchanged.
Amendment 899 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
Article 6 – paragraph 1 – subparagraph 1 – point b
Amendment 908 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 914 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 930 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 952 #
2020/0036(COD)
1. In addition to the national measures referred to in Article 6(1)(a), and until such time as Regulation (EU) 2018/1999 has been adapted as referred to above, the Commission shall base its assessment referred to in Articles 5 and 6 on at least the following:
Amendment 968 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) best available scientific evidence, including the latest reports of the IPCC; and
Amendment 969 #
2020/0036(COD)
(d) best available scientific evidence, including the latest reports of the IPCC; andlatest, up-to-date and independent scientific evidence;
Amendment 972 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) any supplementary information on environmentally sustainable investment, by the Union and Member States, including, when available, investment consistent with Regulation (EU) 2020/… [Taxonomy Regulation].
Amendment 985 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 987 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towards a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, citizens and civil society, for the exchange of the best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also, shall draw on the multilevel climatedialogues for and energy dialoguesvironmentally friendly and climate- resilient society as set up by the Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
Amendment 988 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1029 #
Amendment 1030 #
2020/0036(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The power to adopt delegated acts referred to in Article 3(1) is conferred on the Commdoes not apply here, since decission subject to the conditions laid down in this Article.s of a fundamental nature pursuant to Article 290(1) TFEU may not be taken by delegated act
Amendment 1032 #
2020/0036(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 1034 #
2020/0036(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1036 #
2020/0036(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1040 #
2020/0036(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 1042 #
2020/0036(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 1048 #
Amendment 1091 #
2020/0036(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a The EU Member States and the European Council are called upon to reassess their previous commitments and conclusions of the European Council with regard to the so-called climate targets for 2030 and climate neutrality for 2050, and, if necessary, to adapt them within a reasonable period of time so that they can be implemented for the benefit of citizens, companies and the environment without jeopardising or even destroying entire branches of Industry and millions of jobs through unrealistic emission reductions based on ideology-based models. On the basis of any new Conclusions of the European Council in the sense of a rational environmental policy, the Commission, as the downstream authority, is called upon to subsequently submit a proposal for the amendment of Regulation (EU) 2018/1999 accordingly.
Amendment 1092 #
2020/0036(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This RegulationDirective shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Amendment 1094 #
2020/0036(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
This Regulation shall be binding in its entirety and directly applicable in allDirective is addressed to the Member States. .
Amendment 145 #
2020/0006(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Nuclear energy can play a role in meeting climate objectives because it does not emit greenhouse gases, and can also ensure a significant share of electricity production in the EU. Nevertheless, due to the waste it produces, this energy requires a medium- and long-term strategy that takes into account technological advances (laser, fusion, etc.) aimed at improving the sustainability of the entire sector. The Fund could contribute to implementation of safe nuclear energy and thus help to meet the EU’s climate goals.
Amendment 366 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments related to construction of nuclear power plants as well as distribution of nuclear energy;
Amendment 413 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments in sustainable multimodal urban mobility or contributing to reducing emissions in all transport modes;
Amendment 459 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 7 #
2019/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that there is no specific legal basis for a common EU forest policy; stresses that forestry policy is primarily a national competence, points out, however, that many EU policies have an impact on forests and the forest- based sector and require stronger cross- sectoral coordination;
Amendment 20 #
2019/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. NotStresses that European forest-based industries help decarbonise Europe bydo not contribute to replacing CO2-intensive raw materials and fossil energy with forest-based alternatives such as biogas and biofuel, andon therefore h contrary, highlights that the production, processing and transport of biofuelps ins achieving the goals of the Paris Agreement and the European Green Deal source of emitting significant amounts of carbon to the atmosphere; highlights furthermore that the production of biofuels is at the expense of forests;
Amendment 39 #
2019/2157(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that forest-based industry is a key driving force behind the circular bioeconomy; eEncourages the Member States to support recyclable and bio-based products through public procurement and investment support;
Amendment 98 #
2019/2157(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the need for sustainable forest management, strengthening traditional forest law compliance and the regional and economic importance of forests.
Amendment 2 #
2019/2156(INI)
Draft opinion
Recital A
Recital A
A. whereas effective forest policy requires reliable information on forest resources, their condition, and how they are managed and used, and also reliable information on land-use change; calls for the EU to support the monitoring of deforestation and forest degradation by using Earth observation data from different sources, while ensuring close cooperation with the Member States;
Amendment 13 #
2019/2156(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. EndorsesTakes note of the priorities for action set out in the communication and expresses its commitment to engage actively in implementing the actions described; welcomes the actions described; highlights in particular the need to increase efforts to protect old growth forests;
Amendment 29 #
2019/2156(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of partnership with third countries in order to strengthen sustainable forest management, the wood-based circular economy and the strong relationship between them in combating deforestation; encourages Member States to stop importing (residual) wood used for biomass from third countries as biomass is not a form of ‘sustainable energy’ since burning wood emits more CO2; 20% more than coal and 95% more than gas; stresses furthermore that transporting wood from third countries to the EU uses a large amount of energy and contributes significant amount of carbon to the atmosphere;
Amendment 34 #
2019/2156(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of partnership with third countries in order to strengthen sustainable forest management, playing an important role in the wood- based circular economy, and to further develop the strong relationship between them in combating deforestation;
Amendment 43 #
2019/2156(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for raising consumer awareness about the need to reduce our consumption footprint on land and on the production of biofuels such as palm oil and corn which requires enormous deforestation; encourages people to consume products from supply chains that are ‘deforestation- free’.