Activities of Antonio Maria RINALDI
Plenary speeches (35)
Appointment of the President of the European Central Bank - Candidate: Ms Christine Lagarde (debate)
The UK’s withdrawal from the EU (debate)
Appointment of members of the Executive Board of the European Central Bank (debate)
Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (debate)
European Central Bank - annual report 2018 (debate)
Conclusions of the extraordinary European Council meeting of 23 April 2020 - New MFF, own resources and Recovery plan (debate)
Conclusions of the extraordinary European Council meeting of 17-21 July 2020 (continuation of debate)
The role of the European Supervisory Authorities in the Wirecard scandal (debate)
Conclusions of the European Council meeting of 10-11 December 2020 – MFF, Rule of Law Conditionality and Own Resources – Council regulation laying down the multiannual financial framework for the years 2021 to 2027 – Proposal for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources – Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States (debate)
Establishing the Recovery and Resilience Facility (debate)
European Semester: annual sustainable growth strategy 2021 – European Semester: employment and social aspects in the annual sustainable growth strategy 2021 (debate)
The EU-UK Trade and Cooperation Agreement - The outcome of EU-UK negotiations (debate)
State of play of the implementation of the own resources roadmap (continuation of debate)
European Parliament’s scrutiny on the ongoing assessment by the Commission and the Council of the national recovery and resilience plans (debate)
Reversing the negative social consequences of the COVID-19 pandemic (debate)
Banking Union - annual report 2020 (debate)
Increased efforts to fight money laundering (debate)
Outcome of the COP26 in Glasgow (debate)
State of play of the RRF (Recovery and Resilience Facility) (debate)
European Semester for economic policy coordination: annual sustainable growth survey 2022 – European Semester for economic policy coordination: employment and social aspects in the annual sustainable growth strategy survey 2022 (debate)
Minimum level of taxation for multinational groups (debate)
The call for a Convention for the revision of the Treaties (debate)
Implementation of the Recovery and Resilience Facility (debate)
Keep the bills down: social and economic consequences of the war in Ukraine and the introduction of a windfall tax (debate)
System of own resources of the European Union (debate)
Towards equal rights for persons with disabilities (debate)
European Central Bank - annual report 2022 (debate)
Access to strategic critical raw materials (debate)
European Semester for economic policy coordination 2023 - European Semester for economic policy coordination: Employment and social priorities for 2023 (debate)
Failure of the Silicon Valley Bank and the implications for financial stability in Europe (debate)
Markets in Crypto-assets (MiCa) - Information accompanying transfers of funds and certain crypto-assets (recast) (debate)
Revision of the Stability and Growth Pact (debate)
SME Relief Package (debate)
Commission Work Programme 2024 (debate)
Proposals of the European Parliament for the amendment of the Treaties (debate)
Shadow reports (7)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a Technical Support Instrument
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a Recovery and Resilience Facility
REPORT on the European Semester for economic policy coordination: Annual Sustainable Growth Strategy 2021
REPORT on the assessment of the implementation of Article 50 TEU
REPORT on the proposal for a regulation of the European Parliament and of the Council on markets in crypto-assets and amending Directive (EU) 2019/1937
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulation (EU) 2021/1060, Regulation (EU) 2021/2115, Directive 2003/87/EC and Decision (EU) 2015/1814
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 260/2012 and (EU) 2021/1230 as regards instant credit transfers in euro
Shadow opinions (3)
OPINION on the protection of persons with disabilities through petitions: lessons learnt
OPINION on the proposal for a regulation of the European Parliament and of the Council on contestable and fair markets in the digital sector (Digital Markets Act)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework of measures for strengthening Europe's semiconductor ecosystem (Chips Act)
Institutional motions (2)
MOTION FOR A RESOLUTION Situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
MOTION FOR A RESOLUTION on the call for a Convention for the revision of the Treaties
Oral questions (1)
Stoking fears of using cash is fake news
Written explanations (10)
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2021/001 ES/País Vasco metal – Spain (A9-0319/2021 - Eider Gardiazabal Rubial)
Ho votato favorevolmente a questo provvedimento per l'attivazione del Fondo europeo di adeguamento alla globalizzazione richiesto dalla Spagna, per il reinserimento al lavoro di alcuni dipendenti di aziende mettallurgiche del Pais Vasco, in crisi a causa della carenza di materie prime, dovuta alla pandemia.
European Medicines Agency (A9-0216/2021 - Nicolás González Casares)
. – Ho votato favorevolmente a questa relazione che mira a una ottimizzazione e un miglior coordinamento dei dispositivi medici e dei medicinali, tra i paesi europei. Per poter affrontare meglio emergenze sanitarie è necessario infatti, prevedere il controllo della catena di approvvigionamento dei medicinali per ottenere la massima trasparenza, la redazione di elenchi dei medicinali stessi e stabilire una comune definizione di carenza, domanda e offerta, in modo da poter trovare soluzioni adeguate. La pandemia di COVID-19 ha fatto emergere alcune criticità nella gestione dell'emergenza sanitaria ed è per questo che tale relazione mira a rafforzare la cooperazione e il coordinamento tra le autorità dell'Unione al fine di individuare sinergie tra i diversi paesi.
Digital Services Act (A9-0356/2021 - Christel Schaldemose)
. – Ho votato contrariamente a questo testo sulla DSA, la legge sui servizi digitali, confermando le perplessità espresse dal mio gruppo in commissione IMCO, poiché il testo presenta alcune criticità notevoli. Sebbene il fine di contrastare contenuti illegali in rete sia doveroso, l'introduzione del concetto di "contenuto dannoso" non è altrettanto condivisibile, poiché demanda alle grandi piattaforme, la possibilità di moderare contenuti semplicemente sgraditi o non allineati, con possibili ripercussioni sulla libertà di espressione e di informazione.Stessa cosa vale per i sistemi di moderazione automatica che possono essere una ulteriore grave minaccia alle libertà degli utenti.
Engaging with citizens: the right to petition and refer to the European Ombudsman, the European Citizens’ Initiative (A9-0018/2022 - Marie-Pierre Vedrenne)
Ho votato favorevolmente a questa risoluzione, che mira a ottimizzare gli strumenti di partecipazione attiva dei cittadini, migliorando l'esercizio del diritto di petizione, dandone una migliore pubblicità e revisionando il relativo regolamento. Altro strumento fondamentale che permette ai cittadini di presentare denunce concernenti la cattiva amministrazione ed eventuali conflitti d'interesse, resta il Mediatore europeo che andrebbe sostenuto con un maggiore bilancio.Infine, la risoluzione si concentra sull'importanza dell'Iniziativa dei cittadini europei (ICE) che al momento, è priva di un seguito legislativo e che si auspica possa essere seguita da una relazione di iniziativa legislativa.
Setting up a special committee on COVID-19 pandemic: lessons learned and recommendations for the future (B9-0139/2022)
Ho sostenuto con un voto favorevole l'istituzione di una commissione speciale sulla pandemia COVID-19 che possa esaminare la risposta europea, prendendo atto degli insegnamenti tratti e delle raccomandazioni per il futuro. Tale commissione toccherà diversi aspetti e criticità della crisi pandemica, concentrandosi in particolare sulle tematiche della salute, dei diritti fondamentali, dell'impatto economico e sociale e del coordinamento tra la UE e le altre istituzioni internazionali.Tale commissione durerà un anno, sarà composta da 38 membri e presenterà al termine dei lavori una relazione al Parlamento con le raccomandazioni e le iniziative da intraprendere.
Setting up a special committee on foreign interference in all democratic processes in the European Union, including disinformation (B9-0140/2022)
Mi sono espresso favorevolmente alla prosecuzione del lavoro della commissione INGE sulle ingerenze straniere e la disinformazione, nella nuova commissione INGE 2 che sarà composta da 33 membri e lavorerà collaborando con le altre istituzioni europee, le organizzazioni internazionali, le autorità degli Stati membri e le altre commissioni parlamentari.
Gender mainstreaming in the European Parliament – annual report 2020 (A9-0021/2022 - Irène Tolleret, Gwendoline Delbos-Corfield)
Non ho sostenuto questa relazione che propone un approccio profondamente ideologizzato, per affrontare la questione della parità tra uomini e donne. Proporre la progettazione e la realizzazione di bagni neutri negli spazi del Parlamento, o voler utilizzare il genere neutro nel linguaggio, appare più come una provocazione che come una reale volontà di risolvere il problema delle disparità. Al contrario è condivisibile la parte del documento che si occupa della commemorazione delle vittime di femminicidio.
EU Gender Action Plan III (A9-0025/2022 - Chrysoula Zacharopoulou)
Sebbene la risoluzione tratti in maniera ampia, della violenza di genere, delle disuguaglianze, della prostituzione e delle riforme necessarie da attuare per prevenire tali fenomeni, il documento presenta un approccio estremamente ideologizzato che non lo rende ampiamente condivisibile come si dovrebbe, nei confronti di tematiche così importanti e attuali per la nostra società.Pertanto ho deciso di astenermi.
Rule of law and the consequences of the ECJ ruling (B9-0134/2022, B9-0135/2022, B9-0136/2022)
Ho votato contrariamente a questa risoluzione, successiva al respingimento del ricorso proposto da Ungheria e Polonia, contro il meccanismo di condizionalità di bilancio. Il testo votato dalla maggioranza, auspica provvedimenti ancora più ostili e una loro immediata applicazione nei confronti dei due paesi che sono in questo momento impegnati in una straordinaria assistenza umanitaria nei confronti dei rifugiati ucraini, che meriterebbe maggiori risorse comunitarie e non inasprimenti e ostilità.
European Semester for economic policy coordination: annual sustainable growth survey 2022 (A9-0034/2022 - Irene Tinagli)
Written questions (132)
EU officials who stand for election
VP/HR - EU citizens detained by the Maduro regime
Transparency regarding EU funds managed by NGOs
Uncontrolled proliferation of the brown marmorated stink bug (Halyomorpha halys) affecting crops in northern Italy
Turkey's advance in Syria: what action will the Commission take to ward off the migration fall-out and escape of imprisoned terrorists?
Need for Commission inquiry and scrutiny regarding the arrest of three migrants on disembarkation from Sea Watch 3
Use of European Solidarity Fund and bad weather in Piedmont
The need for an intervention to manage the refugee crisis
Nord/LB rescue plan
Swift mobilisation of the EUSF – damage caused by bad weather in Italy
Disastrous flooding in Venice: urgent EU action required through deployment of the European Solidarity Fund and special funds
Damage caused by bad weather in Emilia-Romagna
Immigration and NGOs, transparency of EU funds
Start of Russia-Ukraine negotiations for an agreement on the situation in the Donetsk and Luhansk regions: what is Europe’s contribution?
Rescue of the Banca Popolare di Bari
Imposition of US trade tariffs in connection with the Airbus dispute
Traffic restrictions through the Brenner Pass: discriminatory behaviour and damage to the EU economy
Limits on the use of cash in Italy
Cryptocurrencies and the need to implement legislation
Measures to halt the spread of the coronavirus epidemic in Europe
Entry of hazardous food items into the EU
Algeria’s unilateral establishment of an EEZ
Foibe massacres – importance of European remembrance and the need to preserve it
EU commitment to remembering the Vajont disaster
Increase in the number of children affected by autism spectrum disorder
Suspension of flights to and from Italy following coronavirus cases
The Greek people really are the European Union’s shield
Amendments to the ESM system: Suspension of the ratification procedure
Repercussions of President Lagarde’s statements on bond spreads
Measures to support the cruise industry in light of the COVID-19 crisis
European commitment to economic recovery in the Member States following the Covid-19 emergency
Coronavirus outbreak: Commission investigation into lab-based virus research methods
Protecting Italy from unfair tax competition within the EU
Covid-19 emergency: facilities for the insurance sector and review of Solvency II
Implementation of a comprehensive system to monitor epidemics
Revision of European food strategies in view of the COVID-19 emergency
Attention for medical staff in the planning of measures against pandemics
Macroeconomic imbalances caused by Germany's trade surplus
Sovereign debt ratings
Coronavirus - state aid and distortion of competition
Possible distortions of competition in the German banking system
Transparency of EU funds paid to NGOs operating in the field of migration
European initiative in support of Plasma Banks
Censoring of YouTube channel ‘Radio Radio TV’
Exploitation of child labour in Pakistan
New rules for the car distribution sector: concern about risk of distortion causing possible harm to both SMEs and consumers
Delays in the recognition of Italian sign language (ISL)
Casimirri – the Italian terrorist hiding in Nicaragua
Dispute involving AST Terni
Rule of law in a European democracy: the example of justice in Italy
Lack of a full impact assessment at the regulatory stage of the European Fund for Sustainable Development
Counterfeiting during the COVID-19 emergency
Tax deductions for personal protective equipment
EU position on Turkish-Azerbaijani military aggression against the Armenian people
Problems relating to swab tests performed on children
Detention of 18 Sicilian fishermen by Haftar’s militia in Libya
Application of VAT rate to boat and yacht leasing in Italy
European funding for the Wuhan Institute of Virology
Legal privileges in the repayment of loans from the EU to the Member States
Child exploitation in cobalt mines in the Democratic Republic of Congo
Temporary revision of calendar provisioning and default criteria
Defending the European way of life
Legal duality in the approach to unlicensed tourist guides in the sharing economy
The detention of Nasibe Semsai and Turkey’s migration policies towards totalitarian regimes
Closure of ski resorts
Data on people with disabilities in the EU
Bad weather in the north-east of Italy – call for urgent intervention from the EU with special aid
Reforms in regard to use of RRF funds
Assessment of the implementation of Delegated Regulation (EU) 2018/171 in the context of the current economic crisis
Indirect taxation of cash payments and violation of EU principles
Delays in the delivery of Pfizer-BioNtech vaccines
Reverse engineering and discrimination of a whistleblower in respect of alleged wrongdoings by Huawei
European digital sovereignty and 5G geopolitics
Further restrictions on the free movement of commercial vehicles in transit through Austria and Germany
Company bankruptcies caused by the coronavirus
Rejection of Commission appeal in the Tercas case
Population control of fallow deer in the Circeo National Park
Exportation of EU-produced vaccines outside the Union
Banning state aid, safeguarding free competition and the free movement of capital
Opacity of contributions to the SRF
New post for Carles Esteva Mosso, in light of the sliding doors phenomenon
Update on the adoption of the Own Resources Decision
Increase in raw materials prices and its impact on European industry
Protection of classical culture on which Europe is based
‘Anni 20’ programme on RAI 2
Bilateral relations between the Commission and political groups in the assessment of national recovery and resilience plans
Use of the EU digital COVID certificate by the Italian Government
Levels of NRRP financing
Future headquarters of the EACEA
Amazon’s alleged abuse of its dominant position in India and the implications for the EU
REACT-EU programme and funding for research to reduce the costs of beef cultivation
Commission communication guidelines
Increased energy costs
Disability and unemployment
Legitimacy of operating a potential European agency for the management of public debt
Increase in inflation and the green transition
Use of the EU Digital COVID Certificate
Case of the Rt Hon. Ms Päivi Räsänen and fundamental freedoms
Murder of Davide Giri: Europe remembers a European citizen killed on grounds of race in the US
Request for information to protect and promote the agri-food sector
The case of the journalist Sedef Kabas
Islamic terrorist alert: ISIS using fake passports to come to the EU
Means used by President von der Leyen to negotiate deal with Pfizer CEO
Call for balance with regard to biosecurity in European agri-food production
Proposal to extend the Nutriscore system to include alcoholic beverages
Finding solutions that address violence against women and girls in Africa
Unfolding of the Russia-Ukraine conflict and the EU’s response
Unfolding of the Russia-Ukraine war and the EU’s response
Call for immediate action regarding price rises for energy and basic foodstuffs
EU initiatives to protect Ukrainian citizens with disabilities
Protecting the fashion industry
‘Uber file’ revelations about ‘revolving doors’ in the EU institutions
Improving and enforcing the EU Air Passengers Rights Regulation
Dutch trade surplus during the European energy crisis
Protection of the manufacturing sector
Travelling with assistance dogs after Brexit: the forgotten discrimination
The case of Mahsa Amini: the Iranian regime’s brutality against women continues unabated
Remarks by the President of the European Commission on the Italian elections
German Government’s Economic Stabilisation Fund
Confidential Frontex document about migration in the Mediterranean
Fraudulent tax mechanisms on the hotel booking and holiday rental market
Commission proposal on gas price cap
No to synthetic food: call on the Commission to stop funding for artificial food and to protect agriculture, livestock farming and traditional sectors
Protection of disabled passengers by a low-cost airline
Incompatibility of ESM with proposed SGP review
Request for an opinion on the sustainability and use of new technologies for the production of biofuels and biogas
Impact study on dependence on critical raw materials
Increase in food retail prices
Sexual assistance to persons with disabilities
Use of extra-budgetary instruments contrary to European fiscal rules
Request for the Commission to take action in response to a new attack on biodiversity in Italy: arrival of the red imported fire ant in Sicily
Compensation for damages caused by the Commission's incorrect decision in the Tercas case
Individual motions (8)
MOTION FOR A RESOLUTION on support for the Israel-Palestine Peace Plan
MOTION FOR A RESOLUTION on establishing a Europe-wide ‘Remembrance Day’ to commemorate the victims of the foibe massacres
MOTION FOR A RESOLUTION on banking rules on non-performing loans: impacts of the pandemic and proposed temporary solutions
MOTION FOR A RESOLUTION to prevent misuse of the EU Digital COVID Certificate by some Member States in restricting citizens’ access to certain services and stifling the economic recovery
MOTION FOR A RESOLUTION on reducing the impact on farm land of ground-based photovoltaic plants
MOTION FOR A RESOLUTION on the need to promote female entrepreneurship
MOTION FOR A RESOLUTION on the protection of critical infrastructure in Europe
MOTION FOR A RESOLUTION on the threat to independent media in the Netherlands
Amendments (2336)
Amendment 123 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 47 – paragraph 1 a (new)
Rule 47 – paragraph 1 a (new)
1 a. Parliament's resolution shall indicate the appropriate legal basis upon the opinion of the committee responsible for legal affairs. The financial implications of each proposal are also considered upon the opinion of the committee responsible for budgetary issues.
Amendment 124 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 47 – paragraph 2 – subparagraph 3
Rule 47 – paragraph 2 – subparagraph 3
The proposal shall be submitted to the President, who shall verify whether the legal requirements are fulfilled. The President mayshall refer the proposal for an opinion on the appropriateness of the legal basis to the committee responsible for such verificationlegal affairs. If the President declares the proposal to be admissible, he or she shall announce it in plenary and refer it to the committee responsible for the subject matter.
Amendment 126 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 47 – paragraph 3
Rule 47 – paragraph 3
Amendment 130 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 47 – paragraph 4
Rule 47 – paragraph 4
4. WThere a proposal has financial implications, Parliament shall indicate how sufficient financial resources can be provided committee responsible for budgetary issues shall provide the committee responsible for the subject- matter with an opinion on the potential financial implications of the proposal.
Amendment 151 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 51 – paragraph 2
Rule 51 – paragraph 2
2. After taking a decision on the procedure to be followed, and if the simplified procedure under Rule 52 does not apply, political groups in the committee shall appoint a rapporteur on the proposal for a legally binding act from among ithe committee's members or permanent substitutes if it has not yet done so on the basis of Rule 48(4).1a. According to Rule 214, rapporteurs are appointed by the committee coordinators. These are chosen from among members of the political groups or from among non-attached members in the committee. In the case of a rapporteur moving from one political group to another, the report is reassigned to a member of the group that originally appointed him or her. In the event of a non-attached rapporteur joining a political group, the report is retained by the member. (The last subparagraph is inserted as interpretation)
Amendment 152 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 53 – paragraph 1
Rule 53 – paragraph 1
1. Where a committee draws up a non-legislative report, itpolitical groups in the committee shall appoint a rapporteur from among ithe committee's members or permanent substitutes 1a. _________________ 1a The interpretation of Rule 51(2) shall apply.
Amendment 157 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 54 – paragraph 3 a (new)
Rule 54 – paragraph 3 a (new)
3a. Where a committee draws up a non-legislative report under paragraph 1, political groups in the committee shall appoint a rapporteur from among the committee's members or permanent substitutes 1a. _________________ 1a The interpretation of Rule 51(2) shall apply.
Amendment 159 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 54 – paragraph 4
Rule 54 – paragraph 4
4. Motions for resolutions submitted to Parliament shall be examined under the short presentation procedure set out in Rule 160 or submitted directly for a vote in plenary, unless, before the adoption of the final draft agenda pursuant to Rule 157, a political group or groups reaching at least the high threshold submit a request for them to be subject of a debate. Amendments to such motions for resolutions and requests for split votes or separate votes shall only be admissible for consideration in plenary if they are tabled either by the rapporteur, in order to take account of new information, or by at least one-tenth of the Members. PAt least one- tenth of the Members and political groups may table alternative motions for resolutions in accordance with Rule 181(3). Rule 190 shall apply to the committee’s motion for a resolution and amendments thereto. Rule 190 shall also apply to the single vote on alternative motions for resolutions.
Amendment 164 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 56 – paragraph 1 – subparagraph 2
Rule 56 – paragraph 1 – subparagraph 2
The opinion giving committee mayshall appoint a rapporteur for opinion from among its members or permanent substitutes or send its views in the form of a letter from the Chair. Rule 51(2) shall apply mutatis mutandis.
Amendment 188 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 58 – paragraph 2 – subparagraph 1
Rule 58 – paragraph 2 – subparagraph 1
In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees involved, under the joint chairmanship of the committee Chairs. The chairmanship of meetings shall alternate among the Chairs of the committees involved.
Amendment 190 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 58 – paragraph 2 – subparagraph 2
Rule 58 – paragraph 2 – subparagraph 2
At all stages of the procedure, the rights attaching to the status of committee responsible may be exercised by the committees involved only when they are acting jointly. The committees involved may set up working groups to prepare the meetings and votes. When voting, the numerical strength of the larger committee shall be reduced to that of the smaller one, maintaining the proportional representation of the political groups and non-attached Members unchanged. For the calculation of quorums, majorities and thresholds, all committees involved shall be considered to constitute a single committee.
Amendment 192 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 71 – paragraph 2 – subparagraph 1
Rule 71 – paragraph 2 – subparagraph 1
Decisions to enter into negotiations shall be announced at the beginning ofput to vote at the part- session following their adoption in committee. By the end of the day following the announcement in Parliament, Members or a political group or groups reaching at least the medium threshold may request in writing that a committee decision to enter into negotiations be put to the vote. Parliament shall then proceed to that vote during the same part-session.
Amendment 195 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 71 – paragraph 2 – subparagraph 2
Rule 71 – paragraph 2 – subparagraph 2
Amendment 198 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 71 – paragraph 4
Rule 71 – paragraph 4
4. Negotiations may start at any time after the deadline laid down in the first subparagraph of paragraph 2 has expired without a request for a vote in Parliament on the decision to enter into negotiations having been made. If such a request has been made, negotiations may start at any time after the committee decision to enter into negotiations has been approved in Parliament.
Amendment 204 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 133 – title
Rule 133 – title
Statements explainingcrutiny debates on Commission decisions
Amendment 205 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 133 – paragraph 1
Rule 133 – paragraph 1
Amendment 210 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – title
Rule 136 – title
Questions for oral answer with debat Time
Amendment 211 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 1 – subparagraph 1
Rule 136 – paragraph 1 – subparagraph 1
Questions for oral answer to the Council, to the Commission or to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy may be put by a committee, a political group or Members reaching at least the low threshold, accompanied with a request that they be placed on the agenda of Parliament.
Amendment 212 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 1 – subparagraph 2
Rule 136 – paragraph 1 – subparagraph 2
Such questions shall be submitted in writing to the President. The President shall immediately refer them to the Conference of Presidentsadmissible questions to the addressee.
Amendment 213 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 1 – subparagraph 3
Rule 136 – paragraph 1 – subparagraph 3
Amendment 214 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 2
Rule 136 – paragraph 2
2. Questions to the Commission and to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security PolicyTwo weeks after being referred to the addressee, questions shall be referrplaced ton the addressee at least one week before the sitting on the agenda of which they are to appear and questions to the Council at least three weeks before that dategenda for the next part-session. No more than two questions presented by the same questioners can be placed on the agenda of the same sitting.
Amendment 215 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 3 a (new)
Rule 136 – paragraph 3 a (new)
3a. At each part-session, a Question Time of sixty minutes shall be devoted to answering questions. Once time has elapsed, the President shall postpone unanswered questions until the next part- session.
Amendment 216 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 4
Rule 136 – paragraph 4
4. A Member designated in advance by the questioners shall be given two minutes to move the question in Parliament. If that Member is not present, the question shall lapse. The addressee shall answerbe given five minutes to answer. The questioner shall be given one minute to reply after the addressee's answer to each question, with the aim of declaring whether or not he or she considers the answer to be sufficient and satisfactory.
Amendment 217 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 136 – paragraph 5
Rule 136 – paragraph 5
5. Rule 132(2) to (8) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandisSuch questions, as well as the related answers, shall be published on Parliament's website.
Amendment 221 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 137
Rule 137
Amendment 234 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 158 – paragraph 1 – subparagraph 1a (new)
Rule 158 – paragraph 1 – subparagraph 1a (new)
Where several amendments on the same or similar subjects are tabled to the final draft agenda, the President shall put them to the vote in the chronological order in which they are received. The movers may submit a joint amendment to the President, at least thirty minutes before the opening of the part-session.The joint amendment shall be put to the vote first. Amendments covered by the joint amendment shall fall.
Amendment 238 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 171 – paragraph 1 a (new)
Rule 171 – paragraph 1 a (new)
1a. For the purposes of calculating the overall speaking time, where the Rules of Procedure do not stipulate the duration of a debate, the minimum duration of a debate shall be sixty minutes. The duration of each sitting shall be adjusted accordingly.
Amendment 247 #
2024/2000(REG)
Parliament’s Rules of Procedure
Rule 178 – paragraph 5
Rule 178 – paragraph 5
5. If fewer than 38 Members are present, the President mayshall rule that there is no quorum. Paragraphs 3 and 3a shall apply mutatis mutandis.
Amendment 134 #
2023/2114(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas Tűrkiye has gradually moved away from the fundamental values and legal framework of the EU, often conflicting with the geopolitical objectives of the Member States; whereas, for this reason, Tűrkiye 's EU accession process is no longer justified, as well as all the related European funding;
Amendment 289 #
2023/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merit in fulfilling the Copenhagen criteria and in ensuring full respect for human rights, democracy and the rule of law; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership; considers, in this regard, that Tűrkiye 's EU accession process must be definitively halted in view of the numerous episodes in which Tűrkiye has acted to the detriment of the geopolitical interests of the Member States;
Amendment 2 #
2023/2104(INL)
Motion for a resolution
Citation 6
Citation 6
Amendment 7 #
2023/2104(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the European Parliament is the only institution of the Union where citizens are directly represented; whereas the citizens’ well founded expectation to be fairly represented in this institution is a matter of democratic legitimacy; whereas, in any event, the European Parliament cannot be compared to a national parliament in terms of representativeness;
Amendment 17 #
2023/2104(INL)
Motion for a resolution
Recital F
Recital F
F. whereas the European Council has repeatedly requested that Parliament propose an objective, fair, durable and transparent method to allocate the seats in the European Parliament ; whereas, despite considering the issue , Parliament has not put forward a proposal for such an allocation method so far; whereas there is a renewed call for Parliament to present a proposal as European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament requests that by the end of 2026 and in advance of the proposal on its composition, the European Parliament should propose an objective, fair, durable and transparent seat allocation method implementing the principle of degressive proportionality, without prejudice to the institutions’ prerogatives under the Treaties; whereas the European Council Decision further states that, taking into account the impact of possible future developments, such a method should safeguard a sustainable maximum number of members of the European Parliament;
Amendment 20 #
2023/2104(INL)
Motion for a resolution
Recital G
Recital G
G. whereas European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament for the 2024-2029 legislative term increases the size of Parliament from 705 to 720 members; whereas the Treaty currently sets an upper limit of 751 members; whereas the current solution used to avoids seat losses by individual member states of tapping into the remaining reserve of seats until the upper limit is reached is neither sustainable nor contributes to a more equitable allocation of seats; whereas this situ; whereas an objective, fair, durable and transparent seat allocation method should not be based on a permanent mathematical calculation; whereas the minimum and maximum threshold of seats per Member State laid down in the Treaty per se alters the mathematical relationship between population uanderlines the need for an agreement on an objective, fair, durable and transparent seat allocation method number of seats; whereas adequate consideration should be given to other factors, such as the contribution to the European budget of the individual states;
Amendment 24 #
2023/2104(INL)
Motion for a resolution
Recital H – indent 4
Recital H – indent 4
– when allocating seats in the European Parliament, consideration is to be given to demographic developments in the Member States, as well as to factors such as contribution to the EU budget.
Amendment 25 #
2023/2104(INL)
Motion for a resolution
Recital I
Recital I
I. whereas further to these principles, athe future seat allocation methods should be objective and transparent in terms of procedural application and data used, fair in terms of the equality of votes, and durable with respect to its application irrespective of variations in the populations of the Member States, the number of Member States, and the total number of EP seats;
Amendment 30 #
2023/2104(INL)
Motion for a resolution
Recital J
Recital J
J. whereas, it is necessary to ensure that the allocation method is flexible enough to accommodatn light of the future EU enlargements and possible changes to applicable Union law, and in particular to the Treaties or EU electoral law, it is not possible to establish a permanent allocation method;
Amendment 34 #
2023/2104(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesTakes note of the fact that European Council Decision (EU) 2023/2061 has tasked the Parliament with proposing an objective, fair, durable and transparent seat allocation method implementing the principle of degressive proportionality, without prejudice to the prerogatives of the institutions under the Treaties; emphasises in this regard that the competence to decide on the composition of the Parliament lies with the European Council;
Amendment 39 #
2023/2104(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 47 #
2023/2104(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a seat allocation method offers great potential for, rebus sic stantibus, establishing a seat allocation method providing in the future a permanent system to allocate the seats of the European Parliament in an objective, fair, durable and transparent way is not possible;
Amendment 49 #
2023/2104(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 57 #
2023/2104(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Strongly believes thatWelcomes expert advice for a permanentdetermining a system of allocation is readily available; stresses that, given existing political realities, finding the mosta suitable system, while reflecting on adaptations and alternatives, is keynot possible;
Amendment 60 #
2023/2104(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that any method chosen should be transparent; continues. therefore. to support using Eurostat data as the official source of population figures for the calculations, which is publicly available; fully supports that the same population figures are used as basis for the calculations on the EP composition and the qualified majority in Council;
Amendment 71 #
2023/2104(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that thfuture methods chosen should be understandable, avoiding a level of complexity that citizens cannot understand;
Amendment 74 #
2023/2104(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that degressive proportionality is assessed on the basis of the representation ratio of the citizens of a given Member State, meaning the ratio of the population of a Member State relative to its number of seats before rounding; observes that degressive proportionality entails that the ratio varies for the various Member States; further notes that the larger the population, the higher the entitlement to a number of seats for a specific Member State, while the ratio population to MEP also increases; notes and accepts that degressive proportionality entails an underrepresentation of citizens from Member States with a larger population and an overrepresentation of citizens of Member States with a smaller population; believes that this principle iscan be justified givenunder the current EU institutional framework, but it alters per se the mathematical relationship between the population and the number of seats in the European parliament; believes that an objective, fair, durable and transparent seat allocation method cannot be established under the current framework;
Amendment 83 #
2023/2104(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is of the opinion that a permanent system based on a formula needs to be durable and therefore flexible enough to account for changes in population figures, forcannot be established today, also in light of the future enlargements and for possible changes of applicable legislative provisions, such as the electoral law or treaty changes;
Amendment 85 #
2023/2104(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that any future fair method must include elements that balance the interests of citizens from all Member States, such as the contribution to the EU budget from each Member State, while also respecting the overall balance of the institutional system as laid down in the Treaties when it comes to the indirect decision-making power of Union citizens, represented by MEPs in the European Parliament and by their governments in the Council;
Amendment 103 #
2023/2104(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for any method chosen in the future to maintain the advantages of the known formulas, while minimising their disadvantages; points out that ‘base seat’ elements of the seat allocation system can be used to ensure the democratic representation of citizens from smaller Member States, while the proportional elements ensure that the larger a Member State’s population , the greater the number of seats allocated to it; highlights that seats allocated in proportion to the square root of the population of Member States contribute to ensuring that degressive proportionality is achieved and the citizens of small and medium-sized Member States are democratically represented; believes that the combination of these elements can be converted into a mathematical formula and used as the basis of the most suitable allocation system; believes that suchan allocation system should be proposed for the term 2029-2034 and adopted in the form of a political decision;
Amendment 111 #
2023/2104(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Proposes that the new seat allocation system should be applied for the allocation of seats among Member States forom the parliamentary term following the next parliamentary term after the adoption of this resolution ;
Amendment 116 #
2023/2104(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 128 #
2023/2104(INL)
Motion for a resolution
Annex I – Article 2 – paragraph 1
Annex I – Article 2 – paragraph 1
Amendment 131 #
2023/2104(INL)
Motion for a resolution
Annex I – Article 3 – point 1 – introductory part
Annex I – Article 3 – point 1 – introductory part
1. The number of representatives in the European Parliament elected forom the parliamentary term following the next parliamentary term after the adoption of this decision onwards is to be calculated as follows:
Amendment 46 #
2023/2064(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the role of the ECB in safeguarding euro stability; underlines that the statutory independence of the ECB, as laid down in the Treaties, is a prerequisite for it to fulfil its mandate of maintaining price stability; believes, however, that the pursuit of economic growth and full employment should also be included in the ECB's mandate;
Amendment 52 #
2023/2064(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that price stability is a prerequisite for the ECB to deliver on its mandate to support the EU’s general economic policies, such as the green and digital transitions; stresses that price stability is essential for attracting long term investments and to avoid the loss of purchasing power of families and businesses, especially SMEs;
Amendment 75 #
2023/2064(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Expresses concern about the high levels of debt and government deficits withlooks forward to the outcome of the Commission’s legislative proposals on revising the EU’s economic governance rules expecting the Member States and the risks that this entails; noat a new regulatory framework can be defined and orientesd that the situation is worse in the euro area than in non-euro area Member States; looks forward to the outcome of the Commission’s legislative proposals on revising the EU’s economic governance rules and welcomes the ECB’s opinion in this regardo truly stimulate investment and growth, as well as the labour market and social policies, abandoning austerity policies that have been shown to have only worsened the recovery path of many Eurozone Member States;
Amendment 172 #
2023/2064(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Call for the revision of the Treaty rules to allow the ECB to buy Member States' debt securities when necessary to ensure the stability of the Eurozone;
Amendment 174 #
2023/2064(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is deeply worried about worsening of financial conditions for households and businesses, and the increasing imbalances between Member States in the Eurozone due to the extraordinary rising in interest rates; calls on the ECB not to raise rates further, and carefully assess the medium term effects of recent increases on the economy;
Amendment 195 #
2023/2064(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. It’s concerned about the ECB's systematic inability to make correct forecasts; calls the ECB to equip itself with tools to study and assess geopolitical scenarios in order to improve its forecasting ability;
Amendment 94 #
2023/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/1011
Article 19a – paragraph 4 – introductory part
Article 19a – paragraph 4 – introductory part
4. Administrators that are not authorised or registincluded in the register referred pursuant toto in Article 346 shall not :
Amendment 98 #
2023/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/1011
Article 19a – paragraph 4 – subparagraph 1 – point a
Article 19a – paragraph 4 – subparagraph 1 – point a
(a) provide EU Climate Transition Benchmarks or EU Paris-aligned Benchmarks;
Amendment 120 #
2023/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Regulation (EU) 2016/1011
Article 29 – title
Article 29 – title
Use of critical benchmarks, significant benchmarks, EU Climate Transition Benchmarks and EU Paris- aligned Benchmarks;
Amendment 121 #
2023/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) 2016/1011
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
1. A supervised entity shall not add new references to a significant benchmark or a combination of such benchmarks in the Union where that benchmark or combination of benchmarks is the object of a public notice issued by ESMA or a competent authority in accordance with Article 24a(5). A supervised entity shall not add new references to critical benchmark or an EU Climate Transition Benchmark or an EU Paris- aligned Benchmark or combination of such benchmarks in the Union where the administrator of those benchmarks is not included in the register referred to in Article 36.
Amendment 124 #
2023/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Regulation (EU) 2016/1011
Article 29 – paragraph 1a
Article 29 – paragraph 1a
1ab. A supervised entity that uses a benchmark in existing financial contracts or to measure the performance of investment funds or financial instruments that is subject to a public notice under Article 24a(5) shall replace that benchmark with an appropriate alternative within 6 months following the publication of that notice, or issue and publish a statement on its website informing clients of the absence of an appropriate alternative.;
Amendment 127 #
2023/0379(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c a (new)
Article 1 – paragraph 1 – point 14 – point c a (new)
Regulation (EU) 2016/1011
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 55 #
2023/0323(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter periods which may be provided for in national law, and which are more favourable to the creditor. Likewise, Member States, if they deem it appropriate, may provide for indirect forms of compensation for undertakings which are creditors within the meaning of Article 2(9) of this Regulation.
Amendment 125 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 151 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services and without prejudice to the provisions laid down in Article 10 of this Regulation. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 158 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
This Regulation shall be without prejudice to the ability of parties to agree, subject to the relevant provisions of applicable national law, on payment schedules providing for instalments.
Amendment 175 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 196 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 234 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Interest for late payment shall be automatically due by the debtor to the creditor, without the creditor needing to send a reminder, where the following conditions are satisfied:
Amendment 237 #
2023/0323(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 275 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) refusing of, opposing or not consent to the assignment of credits to supervised intermediaries.
Amendment 403 #
2023/0323(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. It shall apply from [OP: please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 71 #
2023/0311(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the European Disability Card and the European ParkingRoad Transport Card for persons with disabilities (Text with EEA relevance) (This amendment applies throughout the text)
Amendment 95 #
2023/0311(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 171 #
2023/0311(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to ensure the proper application of this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the directive to set the digital format of the European Disability Card and the European Parking Card for persons with disabilities, and to amend Annexes I and Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud and ensure interoperability. The digital format is to be developed in the form of a certified attribute and integrated within national digital wallet projects aimed at flowing into the EUDI Wallet project.
Amendment 173 #
2023/0311(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission with regards to establishing common technical specifications – consistent with the design of the EUDI Wallet - further specifying the respective formats of the European Disability Card and the European Parking Card for persons with disabilities, their respective security and digital features, as well as interoperability matters. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council57 . _________________ 57 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 188 #
2023/0311(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the rules governing the issuance and the effectiveness of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, access to limited traffic zones or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s);
Amendment 193 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 1 – indent 1 a (new)
Article 2 – paragraph 1 – indent 1 a (new)
– EU Mobility Programmes
Amendment 194 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 1 – indent 1 b (new)
Article 2 – paragraph 1 – indent 1 b (new)
– Limited Traffic Zones
Amendment 207 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. Exceptions to paragraph 2 shall be made by Member States to ensure equal treatment and opportunities between national and other Europeans with disabilities: a) when a European Disability Card holder moves to the Member State with to a work contract or enrolment in an education institution until their disability is re-assessed in the national system, or b) when a European Disability Card holder participates in an EU Mobility Programme.
Amendment 212 #
2023/0311(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive does not affect Member States’ competence to determine the conditions for assessing and recognising disability status, or for granting the right to parking conditions, access to limited traffic zones and facilities reserved for persons with disabilities. It does not affect Member States’ competence to issue in addition at national, regional or local level, a certificate, a disability card or any other formal document for persons with disabilities.
Amendment 227 #
2023/0311(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “special conditions or preferential treatment” means specific conditions, including those related to financial conditions, or differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s) or assistance animals recognised in accordance with the national legislation or practicesnational practices of the host Member State as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
Amendment 257 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that , subject to verification of the validity of the European Disability Card only, the holders of the same holders of a European Disability Card, while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access on equal terms and conditions as those provided to persons with disabilities who are holders of a disability certificate, disability card or any other formal document recognising their disability status in that Member State, to any special conditions or preferential treatment offered with respect to the services, activities and facilities referred to in Article 2(1).
Amendment 263 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that holders of a European Parking Card for persons with disabilities while travelling to or visiting a Member State other than that of which they are a resident, shall be granted access to parkinglimited traffic zones and to parking and the relevant specific conditions and facilities reserved for persons with disabilities on equal terms and conditions as those provided for in that Member State to its holders of parking cards issued in that Member State.
Amendment 268 #
2023/0311(COD)
Proposal for a directive
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
(b) when parking conditithe conditions concerning the access to limited traffic zones and the use of parking facilities referred to in paragraph 2 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s), these favourable conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) of the holder of the European Parking Card for persons with disabilities.
Amendment 274 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability Card following the common standardised format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I. On the BACK SIDE of the card, Member States shall insert digital means that allow, in accordance with national regulations, limited within the national territory and for nationals of the country that issued the document only, the display of additional and more specific information related to the disability status of the card holder. This information, which is accessible by a computerized tool upon presentation of the BACK SIDE of the physical card bearing the aforementioned digital feature, must be the same as that shown on the digital format of the European disability card. Member states shall then insert on the BACK SIDE of the card the appropriate digital means to allow, in accordance with national regulations, to verify the validity of the card through digital infrastructure, functioning in all member states, the characteristics of which will be specified later by the Commission.
Amendment 279 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be mutually recognised in all Member States. Member States shall take measures necessary to ensure that presentation of the European Disability Card exempts the holder from presentation of other certification attesting the disability status.
Amendment 295 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly or upon application by the person with disabilities or a delegated person, according to national law. It shall be issued and renewed within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities.
Amendment 306 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The validity of the European Disability Card issued by a Member State shall be at least for the same duration as that of the disability certificate, disability card or any other formal document with the longest duration recognising their disability status issued to the person concerned by the competent authority of the Member State in its territoryis established by the individual Member State in compliance with current legislation. The cards issued up to the time of transposition of the Directive by the countries participating in the pilot project, in accordance with the applicable requirements and based on Council Recommendation 98/376 remain in force until their natural expiration.
Amendment 309 #
2023/0311(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement this Directive in order to set the digital format of the European Disability Card and ensure interoperability, and to amend Annex I in order to modify the common features of the standardised format, adapt the format to technical developments, introduce digital features in order to prevent forgery and fraud, address abuse or misuse and ensure interoperability. The digital format of the European Disability Card is to be developed in the form of a certified attribute and integrated within national digital wallet projects, aimed at flowing into the EUDI Wallet project.
Amendment 325 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The European Parking Card for persons with disabilities shall be issued or renewed by the Member State of residence upon application by the person with disabilities or by a delegated person, according to national law. It shall be issued or renewed within a reasonable period from the date of the application which shall not exceed 60 days. The validity of the Card is equal to the certification of the disability condition, disability cards or any other formal document that recognizes the disability status of a person with a disability.
Amendment 339 #
2023/0311(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set the digital format of the European Parking Card for persons with disabilities and ensure interoperability, including through the development and deployment of digital tools, and to amend Annex II in order to modify the common features of the standardised format, adapt the format to technical developments, prevent forgery and fraud, address abuse or misuse and ensure interoperability, including through the development and deployment of digital tools. The digital format of the European Parking Card is to be developed in the form of a certified attribute to be integrated within national digital wallet projects aimed at flowing into the EUDI Wallet project.
Amendment 357 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. Similarly, the Commission is committed to informing the public at the European level about the two documents and specifically their mutual recognition feature within the European Union.
Amendment 380 #
2023/0311(COD)
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. The information referred to in paragraph 1 and 2 of this Article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through private operators’ or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882. Member States shall undertake the measures derived from paragraphs 1 and 2 of this Article in consultation with representative organizations of persons with disabilities.
Amendment 394 #
2023/0311(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6(7) , Article 7(7) and Article 7(715(4) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this directive].
Amendment 430 #
2023/0311(COD)
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The Commission is empowered to adopt delegated acts in accordance with Article 11 to supplement the Directive in order to set an official EU website, available in all EU languages, to collect information referred to in paragraph 1 of this article, to facilitate the use for Card holders, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882.
Amendment 454 #
2023/0311(COD)
Proposal for a directive
Annex I – point 2 a (new)
Annex I – point 2 a (new)
Amendment 455 #
2023/0311(COD)
Proposal for a directive
Annex I – point 3
Annex I – point 3
Amendment 456 #
2023/0311(COD)
Proposal for a directive
Annex I – point 4 – introductory part
Annex I – point 4 – introductory part
4. The colour of the card shall be light and dark blue, as set in the picture and with references:background security print shall include a grid pattern printed using one pantone colour. Areas with different colours are achieved and shall be composed of lines with variable thickness and steps. The background shall include microprints with the words “DISABILITY CARD”. The background print shall include a graphical element printed with an invisible UV ink (yellow) representing a circle of 12 stars with repetitions of letters “EU” in the centre.
Amendment 457 #
2023/0311(COD)
Proposal for a directive
Annex I – point 4 – indent 1
Annex I – point 4 – indent 1
Amendment 458 #
2023/0311(COD)
Proposal for a directive
Annex I – point 4 – indent 2
Annex I – point 4 – indent 2
Amendment 459 #
2023/0311(COD)
Proposal for a directive
Annex I – point 5
Annex I – point 5
5. The card shall indicate the expiry dateSee draft suggested in point 3.
Amendment 460 #
2023/0311(COD)
Proposal for a directive
Annex I – point 6
Annex I – point 6
6. The card shall contain a country code with the blue circle around it. ircle with the two letter ISO Country Code of the Issuing Country inside shall be printed with pantone blue reflex. The circle shall be rounded by 12 stars. The two letters of the ISO Country Code are white.
Amendment 461 #
2023/0311(COD)
Proposal for a directive
Annex I – point 8
Annex I – point 8
8. The words European Disability Card shall be displayed using Arial font and in braille using the Marburg code dimensions printed using the blue reflex. Marburg Medium: Dot difference x-axis (a): 2.5 mm. (dot- centre to dot-centre). Dot difference y-axis (b): 2.5 mm. (dot- centre to dot-centre). Width of character (c): 6.0 mm. (dot- centre dot 1 of the first character to dot- centre dot 1 of the following character). The measure (d) between the end- character's dot-centre and the dot-centre of the beginning character of a following word is 2 x c, 6.0 mm. x 2 = 12.0 mm. Line spacing (e): 10.0 mm. (dot-centre dot 1 to dot-centre dot 1 of the following line). Dot-diameter: approx. 1.3 mm. (dot diameter of the basis of an embosser) or 1.6 mm. (dot diameter of a female die). Braille code for “EU DISABILITY CARD” using the Marburg Medium code dimension.
Amendment 463 #
2023/0311(COD)
Proposal for a directive
Annex I – point 10 a (new)
Annex I – point 10 a (new)
10 a. Hologram A hologram with metallization shall be inserted on the recto side. The hologram shall include the words “EU Disability Card” and a circle composed by 12 white stars.
Amendment 468 #
2023/0311(COD)
Proposal for a directive
Annex II – point 2 – introductory part
Annex II – point 2 – introductory part
2. The colour of the card shall be dark blue and yellow, as set in above picture and with references:Pantone blue reflex and pantone yellow can be used for the right side of the document, since these colours are suggested by the Commission for representing the EU flag. The background security print shall include a grid pattern printed using the pantone colour(s). The background shall include microprints with the words “EUROPEAN PARKING CARD”.
Amendment 469 #
2023/0311(COD)
Proposal for a directive
Annex II – point 2 – indent 1
Annex II – point 2 – indent 1
Amendment 470 #
2023/0311(COD)
Proposal for a directive
Annex II – point 2 – indent 2
Annex II – point 2 – indent 2
Amendment 477 #
2023/0311(COD)
Proposal for a directive
Annex II – point 3 – point c – indent 7 a (new)
Annex II – point 3 – point c – indent 7 a (new)
– Secondary id card number
Amendment 479 #
2023/0311(COD)
Proposal for a directive
Annex II – point 5 a (new)
Annex II – point 5 a (new)
5 a. Materials. To ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to use security materials with anti-forgery security elements. Example 1: Security paper with watermark and security fibres. Holographic feature or equivalent security feature. Lamination can be added to protect the document. Example 2: Polycarbonate or equivalent material. In this case, to ensure that data are properly secured against attempts at forgery or fraudulent alteration it is very strongly recommended to integrate the biographical data, including the portrait, and main issue data, into the basic material of the document. Holographic feature or equivalent security feature can be integrated in the structure of the document.
Amendment 89 #
2023/0290(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity to ensure that the safety of children, and in particular of children with disabilities, is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
Amendment 152 #
2023/0290(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age, or by children of any other specific age group below 14 years, where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of the relevant age group.
Amendment 186 #
2023/0290(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 192 #
2023/0290(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where necessary to ensure their safe use, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
Amendment 215 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy which they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
Amendment 218 #
2023/0290(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy presents a risk, they shall immediately provide information thereof to:
Amendment 233 #
2023/0290(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
Amendment 273 #
2023/0290(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Obligations of economic operators in the case of distance sales Where economic operators make toys available on the market online or through other means of distance sales, the offer of those toys shall clearly and visibly indicate at least the following information: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020 and; (d) any warning or safety information to be affixed to the toy or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the toy is made available on the market.
Amendment 349 #
2023/0290(COD)
Proposal for a regulation
Article 28 – paragraph 10
Article 28 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943 shall be protected.
Amendment 357 #
2023/0290(COD)
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
9. The information referred to in paragraphs 2, 4, 6 and 8 of this Article shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. That communication shall not affect the obligation on market surveillance authorities to notify measures taken against products presenting a serious risk in accordance with Article 20 of Regulation (EU) 2019/1020 and strictly enforce Article 19 of Regulation (EU) 2019/1020 given the vulnerability of children to defective, unsafe or counterfeit products.
Amendment 430 #
2023/0290(COD)
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys where the migration of those substances is equal to or higher than: a) toys intended for use by children under 36 months or in other toys intendedand intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for: N-nitrosamines mg/kg: 0,01; N- nitrosatable substances mg/kg: 0,1 b) toys intended for use by children under 36 months not covered by a): N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 c) toys intended for use by children of 36 months and over and intended to be placed into the mouth: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 d) balloons: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 e) finger paints: N-nitrosamines mg/kg: 0,02; N- nitrosatable substances. mg/kg: 1
Amendment 244 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘digital euro payment account’ means an account held by one or more digital euroa users with a payment service provider to access digital euro recorded in the digital euro settlement infrastructure or in an offline digital euro device and to initiate or receive digital euro payment transactions, whether offline or online, and irrespective of technology and data structure;
Amendment 248 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. 'digital euro payment service’ means any of the business activities set out in Annex I;
Amendment 256 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
25. ‘comparable digital means of payment’ means digital means payment, including debit card payment and instant payment at the point of interaction but excluding credit transfer and direct debit that are not initiated at the point of interaction;
Amendment 262 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘switching’ means, upon a digital euro user’s request, transferring from one payment service provider to another either the information about all or some digital euro payment services, including recurring payments, executed on a digital euro payment account, or the digital euro holdings from one digital euro payment account to the other, or both, with or without closing the former digital euro payment account, while maintaining the same account identifidigital euro payment account number;
Amendment 264 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
27. ‘user identifidigital euro payment account number’ means a unique identifier created by a payment service provider distributing the digital euro that unambiguously idifferentiatfies, for online digital euro purposes, a digital euro userspayment account but that is not attributable to an identifiable natural or legal person by the European Central Bank and the national central banks;
Amendment 270 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
29. ‘user authentication’ means a unique piece of information created by the payment service provider distributing the digital euro that together with the user identifier allows a digital euro user to prove ownership of the online digital euro holdings recorded in the digital euro settlement infrastructureprocedure as defined in Article 4, paragraph 29 of Regulation (EU) 2015/2366;
Amendment 277 #
2023/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In accordance with the Treaties, the European Central Bank shall have the exclusive right to authorise the issue of the digital euro, and the European Central Bank and the national central banks may issue the digital euro, subject to an issuance decision pursuant to paragraph 3.
Amendment 283 #
2023/0212(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Before the planned issuance of the digital euro, the ECB shall submit to the European Parliament, the Council and the Commission a report justifying the need for issuance and laying out an in- depth impact assessment regarding the impact of the digital euro on the payments market.
Amendment 323 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point a
Article 13 – paragraph 4 – subparagraph 1 – point a
(a) to have their digital euros in excess of any limitations the European Central Bank may adopt in accordance with Article 16 automatically defunded to a non-digital euro payment account, held at the same payment service provider, where an online digital euro payment transaction is received;
Amendment 331 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b
Article 13 – paragraph 4 – subparagraph 1 – point b
(b) to make an online digital euro payment transaction where the transaction amount exceeds their digital euro holdings from a non-digital euro payment account held at the same payment service provider.
Amendment 346 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Digital euro users may have one or several digital euro payment accounts with the same or different payment service providers.
Amendment 370 #
2023/0212(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial system, the use of the digital euro as a store of value mayshall be subject to limitholding and transaction limits. These limits shall be low and shall correspond to the average daily spending of digital euro users as per the latest European Central Bank statistics.
Amendment 407 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
(ca) safeguard stable funding of credit institutions and their lending capacity;
Amendment 411 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The parameters and use of the instruments referred to in paragraph 1 shall be applied in a non-discriminatory manner and uniformly across the euro area. Digital euro users who are not natural persons shall be subject to a digital euro holding limit of zero.
Amendment 523 #
2023/0212(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The digital euro shall be available for both online and offline digital euro payment transactions as of the first issuance of the digital euro.
Amendment 535 #
2023/0212(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, disputes between digital euro users and payment service providers in respect to digital euro services shall be governed by Directive 2015/2366. Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 541 #
2023/0212(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 551 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers distributing the digital euro shall at a minimum provide digital euro users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services:
Amendment 556 #
2023/0212(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) front-end services developed by payment service providers; andor
Amendment 574 #
2023/0212(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts to other payment service providers while maintaining the same account identifidigital euro payment account numbers.
Amendment 172 #
2023/0205(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The sharing of theaccess of customer data in the scope of this Regulation should be based on the explicit permission of the customer. In seeking the explicit permission of the customer to use his or her data, the data users should specify what use they intend to make of the customer’s data, should the customer provide permission. The legal obligation on data holders to shareenable access to customer data should be triggered once the customer has explicitly requested their data to be shared with a data user. This request can be submitted by a data user acting on behalf of the customermade accessible to a data user. In accordance with Regulation (EU) [XXXX/XXXX] of the European Parliament of the Council (Data Act), an undertaking providing core platform services that has been designated as a gatekeeper under Regulation (EU) 2022/19251b cannot be eligible as data user under this Regulation. The limitation on granting access to gatekeepers would not exclude them from the market and prevent them from offering its services, as voluntary agreements between them and the data holders remain unaffected. Where the processing of personal data is involved, a data user should have arely on one of the valid lawful basies for processing under Article 6 of Regulation (EU) 2016/679. The customers data can be processed only for the agreed purposes in the context of the service provided. Under this Regulation, these purposes should be strictly limited to the provision of a financial product, a financial service or a financial information service. The processing of personal data must respect the principles of personal data protection, including lawfulness, fairness and transparency, purpose limitation and data minimisation. A customer has the right to withdraw the permission given to a data user. W at any time. For example, when data processing is necessary for the performance of a contract, a customer should be able to withdraw permissions according to the contractual obligations to which the data subject is party. WSimilarly, when personal data processing is based on consent, a data subject has the rightshould be able to withdraw his or her consent at any time, as provided for in Regulation (EU) 2016/679. It should not be possible for the data user to transfer customer data to a third-party actor without this explicit permission, or even to another entity within the same group.
Amendment 194 #
2023/0205(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The permission dashboard should display the permissions given by a customer, including when personal data are shared based on consent or are necessary for the performance of a contract. The permission dashboard should warn a customer in a standard way of the risk of possible contractual consequences of the withdrawal of a permission, but the customer should remain responsible for managing such risk. The permission dashboard should be used to manage existing permissions. Data holdusers should inform data usholders in real-timemmediately of any withdrawal of a permission. The permission dashboard should include a record of permissions that have been withdrawn or have expired for a period of up to two years to allow the customer to keep track of their permissions in an informed and impartial manner. Data users should inform data holders in real-time of new and re-establishedmmediately of new permissions granted by customers, including the duration of validity of the permission and a short summary of the purpose of the permission. The information provided on the permission dashboard is without prejudice to the information requirements under Regulation (EU) 2016/679.
Amendment 208 #
2023/0205(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Data holders and data users should be allowed to use existing market standards and infrastructures for technical interfaces like application programming interfaces when developing common standards for mandatory data sharingaccess.
Amendment 212 #
2023/0205(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To promote consumer protection, enhance customer trust and ensure a level playing field, it is necessary to lay down rules on who is eligible to access customers’ data. Such rules should ensure that all data users are authorised and supervised by competent authorities. This would ensure that data can be accessed only by regulated financial institutions or by firms subject to a dedicated authorisation as financial information service providers’ (‘FISPs’) which is subject to this Regulation. Eligibility rules on FISPs, are needed to safeguard financial stability, market integrity and consumer protection, as FISPs would provide financial products and services to customers in the Unioninformation services and would access data held by financial institutions and the integrity of which is essential to preserve the financial institutions’ ability to continue providing financial services in a safe and sound manner. Such rules are also required to guarantee the proper supervision of FISPs by competent authorities in line with their mandate to safeguard financial stability and integrity in the Union, which would allow FISPs to provide throughout the Union the financial information services for which they are authorised.
Amendment 216 #
2023/0205(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to enable effective supervision and to eliminate the possibility of evading or circumventing supervision, financial information service providers must be either legally incorporated in the Union or in case they are incorporaonly be provided by legal persons that have a registered office in a Member State in which they intend in a third country appoint a legal represento carry out or do carry out substantive in the Unionbusiness activities. An effective supervision by the competent authorities is necessary for the enforcement of requirements under this Regulation to ensure integrity and stability of the financial system and to protect consumers. The requirement of legal incorporation of financial information service providers in the Union or the appointment of a legal representative in the Union does not amount to data localisation since this Regulation does not entail any further requirement on data processing including storage to be undertaken in Union.
Amendment 222 #
2023/0205(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) 2016/679 applies when personal data are processed. ItProcessing of personal data in the context of this Regulation should be carried out in accordance with Regulation (EU) 2016/679 and Regulation (EU) 2018/1725, as well as, where applicable, with Directive 2002/58/EC of the European Parliament and of the Council1a (ePrivacy Directive). Regulation (EU) 2016/679 provides for the rights of a data subject, including the right of access and right to port personal data. This Regulation is without prejudice to the rights of a data subject provided under Regulation (EU) 2016/679, including the right of access and right to data portability. This Regulation creates a legal obligation to shareprovide access to and enable re-use of customer personal and non-personal data upon customer’s request and mandates the technical feasibility of access and sharing for all types of data within the scope of this Regulation. The granting of permission by a customer is without prejudice to the obligations of data users under Article 6 of Regulation (EU) 2016/679. Permission should not be construed as ‘consent’ or ‘necessity for the performance of a contract’ as defined in Regulation (EU) 2016/679. Personal data that are made available and shared withto a data user should only be processed for services provided by a data user where there is a valid legal basis under Article 6(1) of Regulation (EU) 2016/679 and, when applicable, where the requirements of Article 9 of that Regulation on the processing of special categories of data are met.
Amendment 237 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) savings, investments in financial instruments, insurance-based investment products, crypto-assets, real estate and other related financial assets as well as the economic benefits derived from such assets; including data collected for the purposes of carrying out an assessment of suitability and appropriateness in accordance with Article 25 of Directive 2014/65/EU of the European Parliament and of the Council32; and with Article 30 of Directive (EU) 2016/97; _________________ 32 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast) (OJ L 173, 12.6.2014, p. 349).
Amendment 239 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 243 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 246 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 287 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. Customer data referred to in paragraph 1, do not include: - sensitive data regarding a person's race or ethnicity, political opinions, religious or philosophical beliefs or union memberships, as well as genetic information and information about health and sexual orientation/practices; - proprietary data that the financial institution has generated, analysed or enriched, including trade secrets and business-sensitive information.
Amendment 290 #
2023/0205(COD)
Proposal for a regulation
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4 b. This Regulation shall apply to contracts that have been entered into force from the date of application of the present Regulation onwards.
Amendment 299 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘customer’ means a natural or a legal person who makes use of financial products and services or purchases insurance products;
Amendment 306 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘customer data’ means personal and non-personal data that is collected, stored and otherwise processed by a financial institution as part of their normal course of business with customers which covers both data provided by a customer and data generated as a result of customer interaction with the financial institution, excluding sensitive data and proprietary data as referred in Article 2, par. 5;
Amendment 313 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘data holder’ means a financial institution other than an accountr a financial information service provider holding one of the categories of data under Art. 2(1), that collects, stores and otherwise processes the data listed in Article 2(1) ;
Amendment 338 #
2023/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
Amendment 356 #
2023/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925, shall not be an eligible data user under this Regulation.
Amendment 358 #
2023/0205(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A data holder may claim compensation from a data user for making customer data available pursuant to paragraph 1 only if the customer data is made available to a data user in accordance with the rules and modalities of a financial data sharing scheme, as provided in Articles 9 and 10, or if it is made available pursuant to Article 11. This Regulation is without prejudice to accessing, sharing and using data on a purely contractual basis without making use of the data access obligations established by this Regulation.
Amendment 367 #
2023/0205(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Any undertaking providing core platform services for which one or more of such services have been designated as a gatekeeper under Article 3 of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) shall not be an eligible third party for the purposes of data-sharing and therefore cannot request or be granted access to customers’ data.
Amendment 378 #
2023/0205(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b a (new)
Article 6 – paragraph 4 – point b a (new)
(b a) respect the data protection rights of data subject and the level of protection guaranteed by General Data Protection Regulation.
Amendment 382 #
2023/0205(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point e a (new)
Article 6 – paragraph 4 – point e a (new)
(e a) not make the data it receives available to an undertaking designated as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925;
Amendment 386 #
2023/0205(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point f a (new)
Article 6 – paragraph 4 – point f a (new)
(f a) not use the data it receives to develop a product that competes with the product from which the accessed data originate or share the data with another third party for that purpose.
Amendment 389 #
2023/0205(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Once the data user collects, stores and processes data as per the definition in Article 3(5), it should be considered as a data holder and therefore subject to the obligations on data holders in Article 5.
Amendment 401 #
2023/0205(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In accordance with Article 16 of Regulation (EU) No 1094/2010, the European Insurance and Occupational Pensions Authority (EIOPA) shall develop guidelines on the implementation of paragraph 1 of this Article for products and services related to risk assessment and pricing of a consumer in the case of life, health and sickness insuranceinsurance products different from insurance-based investment products.
Amendment 437 #
2023/0205(COD)
Proposal for a regulation
Article 8 – paragraph 4 – point b a (new)
Article 8 – paragraph 4 – point b a (new)
(b a) The data holder must be in control of the identity and access management of both the customer and any data user, as well as the permission dashboard through which any request is submitted.
Amendment 443 #
2023/0205(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Within 18 months from the entry into force of this Regulation, data holders and data users shall become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10Data holders and data users shall become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10 according to the following timeline: i) 36 months from the entry into force of this Regulation for the first tier of customer data relating accounts (except payment accounts), savings (except structured deposits); ii) 48 months from the entry into force of this Regulation for the second tier of customer data relating loans, mortgage credits, crypto assets (provided that the bank knowingly holds the assets in custody on behalf of the customer); iii) 60 months from the entry into force of this Regulation for the third tier of customer data relating investments in financial instruments, structured deposits, insurance based investment products, other related financial assets (provided that the bank knowingly holding the assets in custody on behalf of the customer), non- life insurance products, occupational pension schemes, pan European private pension schemes. This measure should be implemented only after an adequate testing and assessment phase in order to check the benefits for the customers and their interests.
Amendment 475 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – introductory part
Article 10 – paragraph 1 – subparagraph 1 – point h – introductory part
(h) a financial data sharing scheme shall establish a model to determine the maximumreasonable compensation that a data holder is entitled tocan charge for making data available through an appropriate technical interface for data sharing with data users in line with the common standards developed under point (g). The model shall be based on the following principles:
Amendment 478 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
Article 10 – paragraph 1 – subparagraph 1 – point h – point i
(i) it should be limited to reasonable compensation directly relatany compensation - including the costs incurred toin making the data available to the data user and which is attributable to the requestand the investment in the collection and production of data, as well as a margin - agreed between a data holder and a data user for making data available shall be reasonable;
Amendment 481 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point ii
Article 10 – paragraph 1 – subparagraph 1 – point h – point ii
(ii) it should be based on an objective, transparent and non-discriminatory methodology agreed by the scheme members and may include a margin and respect the provisions of Art. 9(1) of the Data Act (Regulation (EU) XX);
Amendment 483 #
2023/0205(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h – point v
Article 10 – paragraph 1 – subparagraph 1 – point h – point v
Amendment 550 #
2023/0205(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
Amendment 582 #
2023/0205(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
It shall apply from [OP please insert the date = 248 months after the date of entry into force of this Regulation]. However, Articles 9 to 13 shall apply from [OP please insert the date = 1836, 48 60 months after the date of entry into force of this Regulation].
Amendment 117 #
2023/0177(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Rules on ESG rating providers should not apply to private ESG ratings produced pursuant to an individual order and provided exclusively to the person who placed the order and which are not intended for public disclosure or distribution by subscription or other means. Neither should such rules apply to ESG ratings produced by Europeanregulated financial undertakings that are used for internal purposesmay be, inter alia: i) used for internal purposes, or ii) provided externally as, or as part of, a product or service that is regulated by existing EU regulations or third country equivalents, such as Regulation (EU) 2019/2088 (SFDR), Regulation (EU) No 596/2014 (MAR), Directive 2014/65/EU (MiFID II) and Regulation (EU) 2019/2089 (Low Carbon Benchmark Regulation), or iii) used for providing in-house financial services and products, or iv) provided to intra-group entities included in the accounting consolidated group or to the assets under management of the group. ESG ratings developed by European or national authorities and by central banks should also be exempted from such rules. Finally, such rules should not apply to the provision of ESG data that do not include an element of rating or scoring and are not subject to any modelling or analysis resulting in the development of an ESG rating.
Amendment 142 #
2023/0177(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) ESG rating providers should ensure that they provide ESG ratings that are independent, objective and of adequate quality. It is important to introduce organisational requirements ensuring the prevention and mitigation of potential conflicts of interests. To ensure their independence, ESG rating providers should avoid situations of conflict of interest and manage those conflicts adequately where they are unavoidable. ESG rating providers should disclose conflicts of interest in a timely manner. They should also keep records of all significant threats to the independence of the ESG rating provider and that of its employees and other persons involved in the rating process, and the safeguards applied to mitigate those threats. In addition, to avoid potential conflicts of interest, ESG rating providers should not be allowed to offer a number of other services including consulting services, credit ratings, benchmarks, investment activities, audit, or banking, insurance and reinsurance activities. Finally, to prevent, identify, eliminate or manage and disclose any conflicts of interest and ensure the quality, integrity and thoroughness of the ESG rating and review process at all times, ESG rating providers should establish appropriate internal policies and procedures in relation to employees and other persons involved in the rating process. Such policies and procedures should, in particular, include internal control mechanisms and a compliance function. Finally, the incompatibility, at least for one year, of the subjects who carried out evaluation activities in providing the rating of the company involved should be established for managerial positions.
Amendment 150 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to ESG ratings issued by ESG rating providers operating in the Union and to ESG DATA estimates that are disclosed publicly or that are distributed to regulated financial undertakings in the Union, undertakings that fall under the scope of Directive 2013/34/EU of the European Parliament and of the Council, or Union or Member States public authorities.
Amendment 153 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ESG ratings produced by regulated financial undertakings in the Union that aremay be, inter alia: i) used for internal purposes; or for providing in-house financial services and products; ii) provided externally as, or as part of, a product or service that is regulated by existing EU regulations or third country equivalents, such as Regulation (EU) 2019/2088 (SFDR), Regulation (EU) 596/2014 (MAR), Directive 2014/65/EU (MiFID II) and / or Regulation 2019/2089 (Low Carbon Benchmark Regulation); or iii) used for providing in-house financial services and products; or iv) provided to intra-group entities included in the accounting consolidated group or to the assets under management of the group;
Amendment 161 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) the provision of raw ESG data that do not contain and element of rating or scoring, or estimate and are gathered by ESG data products providers from companies’ public disclosures or from other publicly available information and is not subject to any modelling or analysis resulting in the development of an ESG rating or ESG estimates;
Amendment 163 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) ESG ratings which are produced and disclosed within the scope of existing EU regulations;
Amendment 166 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) products or services that incorporate“recommendations” containing an element of an ESG rating within the meaning of Article 1(3) Commission Directive 2003/125/EC;
Amendment 168 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) ESG ratings produced internally and forming part of “investment research” products as defined in Article 24(1) of Directive 2006/73/EC and other forms of general ESG-related recommendations, relating to transactions in financial instruments or to financial obligations (such as MAR and MiFID II - delegated acts on investment recommendation and research);
Amendment 169 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e b (new)
Article 2 – paragraph 2 – point e b (new)
(eb) opinions about the sustainability profile of a financial instrument or a financial obligation;
Amendment 170 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e c (new)
Article 2 – paragraph 2 – point e c (new)
(ec) opinions about the sustainability profile of a financial instrument or a financial obligation; (h) credit ratings issued pursuant to Regulation (EC) No 1060/2009 of the European Parliament and of the Council;
Amendment 171 #
2023/0177(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e d (new)
Article 2 – paragraph 2 – point e d (new)
(ed) ESG rating elements that are used or provided or disclosed as complementary or substantial to financial products or services that incorporate an element of an ESG rating;
Amendment 202 #
2023/0177(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘ESG data estimates’ means raw data relative to ESG profile or characteristics of an undertaking that do not result from the gathering of ESG data from companies’ public disclosures or from other publicly available information but rather derive from estimates or approximations by the ESG data providers - where pure raw data are not available;
Amendment 343 #
2023/0177(COD)
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Persons as referred to in paragraph 1 shall not take up a key management position within a rated entity which they have been involved in rating for six monthsone year after the provision of such rating.
Amendment 372 #
2023/0177(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. ESG rating providers and ESG data providers shall disclose on their website the methodologies, models and key rating assumptions they use in their ESG rating activities, including the information referred to in point 1 of Annex III.
Amendment 421 #
2023/0177(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) set a time-limit within which the information is to be provided, in any case not less than 15 days;
Amendment 423 #
2023/0177(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point d
Article 30 – paragraph 3 – point d
(d) set a time-limit within which the information is to be provided, and in any case not less than 15 days;
Amendment 431 #
2023/0177(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) withdraw the authorisation of the ESG rating provider, making public the reasons for the withdrawal;
Amendment 107 #
2023/0167(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 113 #
2023/0167(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 120 #
2023/0167(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The existing safeguards conditioning the payment or receipt of inducements, which under Directive (EU) 2014/65/EU require that the inducement is designed to enhance the quality of the service to the client, or under Directive (EU) 2016/97 should not have a detrimental effect on the quality of the service to the customer, have not been sufficiently effective in mitigating conflicts of interest. It is therefore appropriateosed to remove those criteria and introduce a new, common test, both in Directive (EU) 2014/65/EU and Directive (EU) 2016/97, that further clarifies how financial advisors should apply the principle of acting in the best interest of the client. Financial advisors should base their advice on an appropriate range of financial products. After having identified suitable instruments for their clients, they should recommend the most cost-efficient of similar products to their clients. Furthermore, financial advisors should also systematically recommend at least one product without features that may not be necessary for the achievement of the client’s investment objective, so that retail investors are presented also with alternative and possibly cheaper options to consider. Such features may include, as an example, funds with an investment strategy which implies higher costs, a capital guarantee and structured products with hedging elements. If advisors choose to also recommend a product that carries additional features which carry extra costs to the client or customer, they should explicitly provide the reason for such a recommendation and disclose the extra costs incurred. In the case of insurance-based investment products, advisors should also ensure that the insurance cover included in the product is consistent with the customer’s insurance demands and needs.
Amendment 131 #
2023/0167(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to assess the effectiveness of these measures, threeseven years after the date of entry into forceend of the transposition period of this Directive and after having consulted the European Securities and Markets Authority (‘ESMA’) and the European Insurance and Occupational Pensions Authority (‘EIOPA’), the Commission should prepare a report on the effects of third-party payments on retail investments which, where necessary, should be accompanied by proposals to further strengthen the framework.
Amendment 141 #
2023/0167(COD)
Proposal for a directive
Recital 13
Recital 13
Amendment 146 #
2023/0167(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 152 #
2023/0167(COD)
Proposal for a directive
Recital 17
Recital 17
Amendment 160 #
2023/0167(COD)
Proposal for a directive
Recital 20
Recital 20
(20) The pricing process under Directives 2009/65/EC and 2011/61/EU should ensure that costs borne by retail investors are justified and proportionate to the characteristics of the product, and in particular to the investment objective and strategy, level of risk and expected returns of the funds, so that UCITS and AIFs deliver Value for Money to investors. UCITS and AIFs management companies should remain responsible for the quality of their pricing process. In particular, they should ensure that costs are comparable to market standards, including by comparing the costs of funds with similar investment strategies and characteristics available on publicly available databases. However, to make the pricing process more objective and to equip UCITS and AIFs management companies, and competent authorities with a tool allowing for an efficient comparison of costs among investment products from the same product type, ESMA should develop benchmarks, based on data related to the cost and performance of investment products that ESMA receives as part of the supervisory reporting, against which an assessment of Value for Money can be carried out, in addition to the other criteria included in the pricing process of UCITS and AIFs management companies. Considering the Commission’s priority to avoid unnecessary administrative burdens and to simplify reporting requirements, those benchmarks should build on existing data from public disclosures and supervisory reporting, unless additional data are exceptionally necessary. Investment funds offering poor Value for Money or deviating from ESMA's benchmarks should not be marketed to retail investors unless further assessment has established that the product nevertheless offers Value for Money. The assessment and the measures taken should be documented and provided to competent authorities upon their request.
Amendment 178 #
2023/0167(COD)
Proposal for a directive
Recital 34
Recital 34
(34) To ensure that, in the context of advised services, due consideration is given to portfolio diversification, financial advisors should be systematically required to consider the needs of such diversification for their clients or customers, as part of the suitability assessments, including on the basis of information provided by those clients or customers on their existing portfolio of financial and non-financial assets.
Amendment 187 #
2023/0167(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Financial literacy is of key importance in addressing the current deficiencies in the Capital Markets Union. Trust in Union financial markets is linked intrinsically to the level of retail participation in them. Education and knowledge are tools to empower each citizen to make informed investment decisions. This Directive should lay the ground for increasing the level of financial education in each Member State. In view of the limited competences conferred upon the Union in that area, it is the responsibility of each Member State to ensure that proper adjustments are made, particularly in their education systems, to comply with this Directive. Member States should take ambitious steps to fulfil the obligations laid down in this Directive.
Amendment 191 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2014/65/EU
Article 4 – paragraph 1 – point 48 a (new)
Article 4 – paragraph 1 – point 48 a (new)
(48a) ‘existing financial assets’ means financial instruments, structured deposits, insurance based investment products, portfolio management;
Amendment 235 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 1 – point e
Article 16–a – paragraph 1 – point e
(e) in relation to financial instruments falling under the definition of packaged retail investment products in accordance with Article 4(1) of Regulation (EU) No 1286/2014 of the European Parliament and of the Council*, a clear identification and quantification of all costs and charges related to the financial instrument and an assessment of whether those costs and charges are justified and proportionate, having regard to the characteristics, objectives and, if relevant, strategy of the financial instrument, and its performance and the quality and level of the service provided to the client by distributors (‘pricing process’).
Amendment 241 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 1 – subparagraph 3
Article 16–a – paragraph 1 – subparagraph 3
Amendment 257 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 1 – subparagraph 4
Article 16–a – paragraph 1 – subparagraph 4
Amendment 287 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
(a) identify and quantify the costs of distribution and any further costs and charges related to the distribution not already taken into account by the manufacturer;
Amendment 294 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
(b) assess whether the total costs and charges referred to the point (a) are justified and proportionate, having regard to the target market’s objectives and needs and to the quality and level of the service provided to the client (pricing process).
Amendment 299 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 4 – subparagraph 3
Article 16–a – paragraph 4 – subparagraph 3
Amendment 306 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 4 – subparagraph 4
Article 16–a – paragraph 4 – subparagraph 4
Amendment 317 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 5 – subparagraph 1
Article 16–a – paragraph 5 – subparagraph 1
An investment firm which offers or recommends financial instruments falling under the definition of packaged retail products in accordance with Article 4(1) of Regulation (EU) No 1286/2014 shall report to its home competent authorities details of the costs of distribution, including any costs related to the provision of advice or any connected third-party payments.
Amendment 322 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 6
Article 16–a – paragraph 6
Amendment 338 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 – point a
Article 16–a – paragraph 7 – point a
Amendment 343 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 – point b
Article 16–a – paragraph 7 – point b
Amendment 346 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 7 – point c
Article 16–a – paragraph 7 – point c
(c) related to the justification and demonstration of the proportionality of costs and charges of the financial instrument and of the costs of distribution.
Amendment 350 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 9
Article 16–a – paragraph 9
Amendment 365 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 11
Article 16–a – paragraph 11
Amendment 380 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 12 – subparagraph 1 – introductory part
Article 16–a – paragraph 12 – subparagraph 1 – introductory part
ESMA, after having consulted EIOPA and the competent authorities and taking into consideration the methodology referred to in paragraph 11, point (a), shall develop draft regulatory technical standards specifying the following:
Amendment 382 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 12 – subparagraph 1 – point a
Article 16–a – paragraph 12 – subparagraph 1 – point a
(a) the content and type of data and details of costs and charges to be reported to the competent authorities in accordance with paragraph 2, 5 and 65, based on disclosure and reporting obligations, unless additional data is exceptionally necessary;
Amendment 388 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 12 – subparagraph 1 – point b
Article 16–a – paragraph 12 – subparagraph 1 – point b
(b) the data standards and formats, methods and arrangements, frequency and starting date for the information to be reported in accordance paragraph 2, 5 and 65.
Amendment 393 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 12 – subparagraph 2
Article 16–a – paragraph 12 – subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by [18 months] after adoption of the delegated act referred to in paragraph 11the date of entry into force of this Directive].
Amendment 405 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a
Article 24 – paragraph 1 a
Amendment 432 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a a (new)
Article 24 – paragraph 1 a a (new)
1aa. The cost efficiency referred to in the first subparagraph, point (b), shall be determined on the basis of the investment firm’s assessment of the instrument’s net return expectations taking into account all implicit and explicit costs and charges.
Amendment 475 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 1
Article 24a – paragraph 1
1. Member States shall ensure that investment firms, when providing portfolio management, do not pay or receive anyaccept and retain fee ors, commission, or provide or are provided with any non-monetary benefit, in connection with the provision of such service, tos or any monetary or non-monetary benefits paid or provided by any third party or a person acting orn by any party except the client or a person on behalf of theehalf of a third party in relation to the provision of the service to clients.
Amendment 482 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 2
Article 24a – paragraph 2
Amendment 497 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 3
Article 24a – paragraph 3
Amendment 501 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 4
Article 24a – paragraph 4
Amendment 517 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 5
Article 24a – paragraph 5
5. Paragraphs 1 and 2 shall not apply to the minor non-monetary benefits of a total value below EUR 100 per annum or of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the client, provided that they have been clearly disclosed to the client.
Amendment 528 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 8
Article 24a – paragraph 8
Amendment 563 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 1 – subparagraph 6
Article 24b – paragraph 1 – subparagraph 6
Amendment 567 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 1 – subparagraph 7
Article 24b – paragraph 1 – subparagraph 7
Amendment 577 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 1 – introductory part
Article 24b – paragraph 4 – subparagraph 1 – introductory part
Amendment 578 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 1 – point b
Article 24b – paragraph 4 – subparagraph 1 – point b
Amendment 581 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 1 – point c
Article 24b – paragraph 4 – subparagraph 1 – point c
(c) the total taxes, including any stamp duty, and transactions tax, withholding tax and any other taxes where levied by the investment firm, borne by the retail client for the total portfolio;
Amendment 582 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 1 – point d
Article 24b – paragraph 4 – subparagraph 1 – point d
Amendment 584 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 1 – point e
Article 24b – paragraph 4 – subparagraph 1 – point e
(e) the net annual performance of the portfolio of the retail client and the annual performance of each of the financial instruments included in this portfolio.
Amendment 586 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 2
Article 24b – paragraph 4 – subparagraph 2
Amendment 587 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 3
Article 24b – paragraph 4 – subparagraph 3
Amendment 589 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24b – paragraph 4 – subparagraph 4
Article 24b – paragraph 4 – subparagraph 4
Upon its request, the retail client shall be entitled to receive each year a detailed breakdown of the information referred to under point (a) to (c) above per financial instrument owned during the relevant period as well as for each tax borne by the retail clientand (b) above.
Amendment 598 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 2 – subparagraph 1
Article 24c – paragraph 2 – subparagraph 1
Member States shall ensure that marketing communications are developed, designed and provided in a manner that is fair, clear, not misleading, balanced in terms of presentation of benefits and risks, and appropriate in terms of content and distribution channels for the target audience and where related to a specific financial instrument to the target market identified pursuant to Article 24(2).
Amendment 603 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 2 – subparagraph 2
Article 24c – paragraph 2 – subparagraph 2
Amendment 605 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 2 – subparagraph 3
Article 24c – paragraph 2 – subparagraph 3
Taking into account the nature and characteristics of the media used, the presentation of the essential characteristics of the financial instruments and services included in the marketing communications provided or made accessible to retail or potential retail clients, shall ensure that they can easily understand the key features of the financial instruments or services as well as the main risks associated with them.
Amendment 613 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 4 – subparagraph 2
Article 24c – paragraph 4 – subparagraph 2
Where an investment firm that offers or recommends financial instruments which it does not manufacture, organises its own marketing communication, it shall be fully responsible for its appropriate content, update and use, in line with the identified target market and in particular in line with the identified client categorisation.
Amendment 614 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 5
Article 24c – paragraph 5
Amendment 623 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24c – paragraph 8 – point a
Article 24c – paragraph 8 – point a
(a) the essential characteristics of financial instrument(s) or investment and ancillary service(s) to be disclosed in all marketing communications targeting retail clients or potential retail clients and any other relevant criteria to ensure that taking into account the nature and characteristics of the media used those essential characteristics appear in a prominent way and are easily accessible by an average retail client, regardless of the means of communication;
Amendment 639 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
Subject to the second subparagraph, when providing investment advice or portfolio management services, the investment firm shall obtain the necessary information regarding the client or potential client’s knowledge and experience in the investment field relevant to the specific type of product or service, that client’s financial situation, including the composition of any existing portfolios,existing financial assets belonging to the same portfolio for which the investment firm performs the suitability assessment according to the related agreement with the client, and its ability to bear full or partial losses, investment needs and objectives including sustainability preferences, if any, and risk tolerance, so as to enable the investment firm to recommend to the client or potential client the investment services or financial instruments that are suitable for that person, and, in particular, are in accordance with its risk tolerance, ability to bear losses and need for portfolio diversification.
Amendment 647 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
When providing independent investment advice and portfolio management to retail clients restricted to well- diversified, and non- complex, and cost- efficient financial instruments, the independvestment firm shall be under no obligation to obtain information on the retail client or potential retail client’s knowledge and experience about the considered financial instruments or investment services or on the retail client’s existing portfolio composition.
Amendment 651 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
Member States shall ensure that investment firms, when providing investment services other than those referred to in paragraph 2, ask the client or potential client to provide information regarding theirits knowledge and experience in the investment field relevant to the specific type of product or service offered or demanded, and for the retail client or potential retail client, the capacity to bear full or partial losses and risks tolerance so as to enable the investment firm to assess whether the investment service(s) or financial instrument(s) envisaged is appropriate for the client.
Amendment 670 #
2023/0167(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2014/65/EU
Article 35 a – paragraph 1 – subparagraph 1– introductory part
Article 35 a – paragraph 1 – subparagraph 1– introductory part
Member States shall require that investment firms and credit institutions providing investment services or activities report the following information annually to the competent authority of its home Member State when they provide investment services to more than 150 retail clients on a cross-border basis:
Amendment 739 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 1 – subparagraph 2 – point f
Article 25 – paragraph 1 – subparagraph 2 – point f
(f) in relation to insurance-based investment products, a clear identification and quantification of all costs and charges related to the product and an assessment of whether these costs and charges are justified and proportionate, having regard to the characteristics, objectives, strategy and, performance of the product and the quality and level of the service provided to the client by distributors, as well as the guarantees and insurance coverage of biometric and other risks (pricing process) as well as any other related service (pricing process);
Amendment 750 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 1 – subparagraph 3
Article 25 – paragraph 1 – subparagraph 3
Amendment 762 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 777 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 5 – subparagraph 2 – point b
Article 25 – paragraph 5 – subparagraph 2 – point b
(b) identify and quantify any further costs and charges, in particular distribution costs, that are related to the distribution not already taken into account in the calculation of total costs and charges by the manufacturer;
Amendment 781 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 5 – subparagraph 2 – point c
Article 25 – paragraph 5 – subparagraph 2 – point c
(c) assess whether the total costs and charges are justified and proportionate, having regard to the target market’s objectives and needs and to the quality and level of the service provided to the client (pricing process).
Amendment 787 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 5 – subparagraph 3
Article 25 – paragraph 5 – subparagraph 3
Amendment 793 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 805 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 7 – point a
Article 25 – paragraph 7 – point a
Amendment 806 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 7 – point b
Article 25 – paragraph 7 – point b
Amendment 808 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 7 – point c
Article 25 – paragraph 7 – point c
(c) related to the justification and demonstration of the proportionality of costs and charges of the insurance-based investment product and of the costs of distribution.
Amendment 811 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 8
Article 25 – paragraph 8
Amendment 832 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 9
Article 25 – paragraph 9
Amendment 836 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 9 – subparagraph 1 – point a
Article 25 – paragraph 9 – subparagraph 1 – point a
Amendment 842 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 10 – subparagraph 1 – introductory part
Article 25 – paragraph 10 – subparagraph 1 – introductory part
EIOPA, after having consulted ESMA and the competent authorities and after industry testing, and taking into consideration the methodology referred to in paragraph 9, point (a), shall develop draft regulatory technical standards to determine the following:
Amendment 845 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2016/97
Article 25 – paragraph 10 – subparagraph 2
Article 25 – paragraph 10 – subparagraph 2
EIOPA shall submit those draft regulatory technical standards to the Commission by ... [9 months after the adoption of the delegated act referred to in paragraph 2date of entry into force of this Directive].
Amendment 852 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 2 – subparagraph 1
Article 26 a – paragraph 2 – subparagraph 1
Member States shall ensure that marketing communications of insurance-based investment products are developed, designed and provided in a manner that is fair, clear, not misleading, balanced in terms of presentation of benefits and risks, and appropriate in terms of content and distribution channels for the target audience and where related to a specific insurance-based investment product to the target market identified pursuant to Article 25(1).
Amendment 859 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 4 – subparagraph 1
Article 26 a – paragraph 4 – subparagraph 1
Where a manufacturer of an insurance- based investment product prepares and provides a marketing communication to be used by a distributor, the manufacturer shall be responsible for the content of such marketing communication and its update. The distributor shall be responsible for the use of this marketing communication and shall ensure that it is used for the identified target market only and in line with the distribution strategy identified for that target market.
Amendment 861 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 5
Article 26 a – paragraph 5
5. Member States shall ensure that insurance undertakings and insurance intermediaries make annual reports to their management body on the, each to the extent of their competences, assess the correct use of marketing communications and strategies aimed at marketing practices, as well as the compliance with relevant obligations on marketing communications and practices under this Directive and on any signalled irregularities and proposed solutionsadopt suitable measures to overcome.
Amendment 866 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Directive (EU) 2016/97
Article 26 a – paragraph 7 – subparagraph 2
Article 26 a – paragraph 7 – subparagraph 2
Such records shall be kept for a period of five years and, where requested by the competent authority, for amaximum period of up to sefiven years. Those records shall be retrievable by the insurance undertaking or insurance distributor upon request by the competent authority.
Amendment 873 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 1 – introductory part
Article 29 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to Article 18 and Article 19(1) and (2), Member States shall ensure that insurance intermediaries and insurance undertakings distributing insurance-based investment products provide customers in good time before the customers are bound by an insurance contract or offer, with appropriate information in personalised form about the insurance-based investment products proposed to those customers. That information shall contain all of the following:
Amendment 883 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – point a – subpoint v
Article 29 – paragraph 1 – point a – subpoint v
(v) how the recommended insurance- based investment products take into account the diversification of the customer’s portfolio, in case the customer provided the relative information;
Amendment 898 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 –subparagraph 3
Article 29 – paragraph 1 –subparagraph 3
Member States shall ensure that insurance intermediaries and insurance undertakings present the information on all costs, charges and third-party payments referred to in the first subparagraph, point (d) in aggregated form to enable the customer to understand the overall cost and the cumulative effect on the return of the investment. The overall cost shall be expressed in monetary terms andor percentages calculated over the termcontractual or recommended holding period of the insurance-based investment product or, if it is not possible, the method to establish them. Where the customer so requests, insurance intermediaries and insurance undertakings shall provide an itemised breakdown of that information, if available.
Amendment 903 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 1 – subparagraph 4
Article 29 – paragraph 1 – subparagraph 4
The third-party payments paid or received by the insurance intermediary or insurance undertaking in connection with the provision or distribution of the insurance- based investment product shall be itemised separately. The insurance intermediary or insurance undertaking shall disclose the cumulative impact of such third-party payments, including any recurring third- party payments, on the net return over the term of the insurance-based investment product. The purpose of the third-party payments and their impact on the net return shall be explained in a standardised way and in a comprehensible language for an average retail customer, if available.
Amendment 920 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
Directive (EU) 2016/97
Article 29 – paragraph 3 – point f
Article 29 – paragraph 3 – point f
Amendment 939 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 1
Article 29 a – paragraph 1
Amendment 958 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 4 – subparagraph 1
Article 29 a – paragraph 4 – subparagraph 1
Member States may impose stricter requirements on insurance intermediaries and insurance undertakings in respect of the matters covered by this Article. In particular, Member States may additionally prohibit or further restrict the offer or acceptance of fees, commissions or non- monetary benefits from third parties in relation to the provision of insurance advice.
Amendment 969 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 a – paragraph 6
Article 29 a – paragraph 6
Amendment 979 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 1
Article 29 b – paragraph 1
Amendment 1013 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2016/97
Article 29 b – paragraph 2
Article 29 b – paragraph 2
Amendment 1021 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Article 2 – paragraph 1 – point 22 – point b
Directive (EU) 2016/97
Article 30 – paragraph 1 – subparagraph 1
Article 30 – paragraph 1 – subparagraph 1
Without prejudice to Article 20(1), when providing advice on insurance-based investment products, the insurance intermediary or insurance undertaking shall, obtain the information regarding the customer’s knowledge and experience in the investment field relevant to the specific type of insurance-based investment product or, where applicable, underlying investment assetoptions, offered or demanded, that customer’s financial situation, including, if provided for by the customer, the composition of any existing portfolios, its ability to bear full or partial losses, investment needs and objectives, including any sustainability preferences, and risk tolerance, so as to enable the insurance intermediary or the insurance undertaking to recommend to the customer the insurance-based investment products that are suitable for that person and that, in particular, are in accordance with its risk tolerance, ability to bear losses and, if the customer provides the relevant information, need for portfolio diversification.
Amendment 1033 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Article 2 – paragraph 1 – point 22 – point b
Directive (EU) 2016/97
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
When providing advice on an independent basis to retail customers restricted to well- diversified, non-complex, and cost- efficient insurance-based investment products, the insurance intermediary or insurance undertaking shall be under no obligation to obtain information on the customer’s knowledge and experience about the considered insurance-based investment products or on the customer’s portfolio composition.
Amendment 1035 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Article 2 – paragraph 1 – point 22 – point b
Directive (EU) 2016/97
Article 30 – paragraph 1 – subparagraph 3
Article 30 – paragraph 1 – subparagraph 3
When providing advice that involves switching between underlying investment assetoptions, insurance intermediaries and insurance undertakings shall obtain the necessary information on the customer’s existing underlying investment assetoptions and the recommended new investment assetoptions and shall analyse the expected costs and benefits of the switch, so that they are reasonably able to demonstrate that the benefits of switching are expected to be greater than the costs.
Amendment 1039 #
2023/0167(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Article 2 – paragraph 1 – point 22 – point b
Directive (EU) 2016/97
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Without prejudice to Article 20(1), Member States shall ensure that, where no advice is given in relation to insurance- based investment products, the insurance intermediary or insurance undertaking shall ask the customer to provide information regarding that person’s knowledge and experience in the investment field relevant to the specific type of insurance-based investment product or, where applicable, underlying investment assets, offered or demanded and the person’s capacity to bear full or partial losses and risk tolerance so as to enable the insurance intermediary or the insurance undertaking to assess whether the insurance-based investment product or products envisaged are appropriate for the customer.
Amendment 1065 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 b – point b
Article 14 – paragraph 1 b – point b
(b) The costs are necessary for the UCITS to opeborne by retail investors are justified and proportionate, having regard to the characte in line with its investment strategy and objective or to fulfil regulatory requirementristics of the UCITS, including its investment objective, strategy, expected returns, level of risks, other relevant characteristics and the quality and level of the service provided to the client by distributors;
Amendment 1078 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 e – subparagraph 1
Article 14 – paragraph 1 e – subparagraph 1
Member States shall require management companies to assess at least annually the conditions mentioned in paragraph 1b, point (b). The assessment shall take into account the criteria set out in the pricing process and include a comparison with the relevant benchmark on costs and performance published by ESMA in accordance with paragraph 1f.
Amendment 1082 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 e – subparagraph 2
Article 14 – paragraph 1 e – subparagraph 2
Amendment 1085 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point a
Article 4 – paragraph 1 – point 1 – point a
Directive 2009/65/EC
Article 14 – paragraph 1 f
Article 14 – paragraph 1 f
Amendment 1098 #
2023/0167(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 1 – point b – point iii
Article 4 – paragraph 1 – point 1 – point b – point iii
Directive 2009/65/EC
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
Amendment 1113 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 b – point b
Article 12 – paragraph 1 b – point b
(b) the costs borne by retail investors are justified and proportionate, having regard to the characteristics of the AIF, including its investment objective, strategy, expected returns, level of risks and, other relevant characteristics and the quality and level of the service provided to the client by distributors.
Amendment 1119 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 e – subparagraph 1
Article 12 – paragraph 1 e – subparagraph 1
Amendment 1124 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 e – subparagraph 2
Article 12 – paragraph 1 e – subparagraph 2
Amendment 1127 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point a
Article 5 – paragraph 1 – point 1 – point a
Directive 2011/61/EU
Article 12 – paragraph 1 f
Article 12 – paragraph 1 f
Amendment 1138 #
2023/0167(COD)
Proposal for a directive
Article 5 – paragraph 1 – point 1 – point b
Article 5 – paragraph 1 – point 1 – point b
Amendment 1150 #
2023/0167(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. They shall apply those provisions from … [OP please insert the date = 18 months after the date of entry into force of this Directivepublication in the Official Journal of the European Union of the delegated acts referred to in Articles [•], [•].. and [•]].
Amendment 1163 #
2023/0167(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – subpoint 1
Annex I – paragraph 1 – point 2 – subpoint 1
Directive 2014/65/EU
Annex II – Section II.1 – subparagraph 5 – second indent
Annex II – Section II.1 – subparagraph 5 – second indent
- the size of the client’s financial instrument portfolio, defined as including cash deposits and financial instruments exceeds EUR 250 000 on average during the last 3 years,’;
Amendment 1168 #
2023/0167(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – subpoint 1 a (new)
Annex I – paragraph 1 – point 2 – subpoint 1 a (new)
Directive 2014/65/EU
Annex II – Section II.1 – subparagraph 5 – second indent (new)
Annex II – Section II.1 – subparagraph 5 – second indent (new)
- the client holds diversified portfolio on financial instruments including complex financial instruments;
Amendment 1170 #
2023/0167(COD)
Proposal for a directive
Annex I – paragraph 1 – point 2 – subpoint 3
Annex I – paragraph 1 – point 2 – subpoint 3
Directive 2014/65/EU
Annex II – Section II.1 – subparagraph 7
Annex II – Section II.1 – subparagraph 7
Where the client is a legal entity the investment firm shall assess the above requirements or alternatively, as a minimum, two of the following criteria shall be met:
Amendment 22 #
2023/0166(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The purpose of this Regulation is to cover packaged products that are manufactured by the financial services industry in order to provide additional investment opportunities to retail investors. Non-equity securities issued by non-financial issuers contribute to the financing of corporate issuers and, where they are offered to retail investors, will be subject to the obligation to draw up a prospectus, which includes a summary, thus providing retail investors with adequate pre-contractual information. These securities should be excluded from the scope of this Regulation. The current requirement to produce, review and update a key information document for such non-equity securities, until their maturity, encourages issuers to restrict them to professional investors only, thus depriving retail investors of investment options. Addressing non-equity securities issued by non-financial issuers will therefore remove this incentive and might encourage retail investors’ participation in Union capital markets, while offering those retail investors with more opportunities to diversify their financial portfolios.
Amendment 24 #
2023/0166(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 27 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 1286/2014
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(a a) the following point is inserted: ‘(da) non-equity securities which are issued by non-financial issuers and for which a prospectus is established pursuant to Regulation (EU) 2017/1129’;’
Amendment 28 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 1286/2014
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
Amendment 34 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EU) No 1286/2014
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘person selling a PRIIP’ means a person offeraa) point (5) is replaced by the following: "(5) ‘PRIIP distributor’ means a person advising on, offering, selling or concluding a PRIIP contract with a retail investor;"
Amendment 35 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EU) No 1286/2014
Article 4 – paragraph 1 – point 7a
Article 4 – paragraph 1 – point 7a
(7a) ‘electronic format’ means any durable medium other than paper;electronic format as defined in Article 4, point (62a), of Directive 2014/65/EU;
Amendment 37 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1286/2014
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 46 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1286/2014
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) PRIIPs manufacturers provide investors with tools adapted to retail investors, also by way of charts or graphs, that facilitate research and comparison among the different investment options, including on costs;
Amendment 51 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 1286/2014
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
Amendment 56 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) No 1286/2014
Article 6 – paragraph 4
Article 6 – paragraph 4
(4a) in Article 6, paragraph 4 is replaced by the following: “4. The key information document shall be drawn up as a short document written in a concise manner and of a maximum of threefour sides of A4-sized paper when printed, which promotes comparability. It shall: (a) that is easy to read, using characters of readable size; (b) retail investors need; (c) language and a style that communicate in a way that facilitates the understanding”; be presented and laid out in a way focus ofn the key information, in particular, in language that isbe clear, succinct and comprehensible.ly expressed and written in
Amendment 61 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point aa
Article 8 – paragraph 3 – point aa
Amendment 72 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point ii – introductory part
Article 8 – paragraph 3 – point c – point ii – introductory part
(ii) the PRIIP’s financialits objectives and the means for achieving those objectives, andem, in particular whether those objectives will bare achieved by means of direct or indirect exposure to the underlying investment assets, including all of the following information:.
Amendment 73 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point ii – point 1
Article 8 – paragraph 3 – point c – point ii – point 1
Amendment 74 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point ii – point 2
Article 8 – paragraph 3 – point c – point ii – point 2
Amendment 75 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point ii – point 3
Article 8 – paragraph 3 – point c – point ii – point 3
Amendment 78 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point iii
Article 8 – paragraph 3 – point c – point iii
(iii) a description of the type of retail investor to whom the PRIIP is intended to be marketed, in particular in terms of the ability to bear investment loss and the investment horizonc a) in paragraph 3, point (c), point (iii) is replaced by the following: “(iii) appropriate information on performance;”;
Amendment 86 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga
Article 8 – paragraph 3 – point ga
Amendment 103 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 1
Article 14 – paragraph 1
(1) The person advising on, or selling, a PRIIP shall provide the key information document to retail investors free of charge. The key information document shall be provided in an electronic format as defined in Article 4 paragraph 1 point 7a, unless the retail investor has requested to receive the key information document on paper. The person advising on, or selling a PRIIP shall inform the retail investors about their right to request receiveing the key information document on paper free of charge.
Amendment 107 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 111 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 115 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 4
Article 14 – paragraph 4
(4) The key information document may be presented in a layered format. In that case, the dashboard referred to in Article 8(3), point (aa) shall appear in the first layer.
Amendment 116 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 5
Article 14 – paragraph 5
(5) TWhere the person advising or selling the PRIIPS provides the retail investor with the key information document in electronic format through the website: a) the retail investor shall be notified electronically, or in written form, of the address of the website, and the place on the website where the key information document can be accessed.; b) the key information document shall remain accessible on the website of the person advising or selling the PRIIPS, and shall remain capable of being downloaded and stored in a durable medium, for such period of time as the retail investor may need to consult it.
Amendment 118 #
2023/0166(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 1286/2014
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 124 #
2023/0166(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from [PO please insert the date = 1824 months after the date of entry into force of this amending Regulationpublication in the Official Journal of the European Union of the delegated acts referred to in Articles [•], [•] and [•].].
Amendment 135 #
2023/0156(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and, simplified and harmonized. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
Amendment 166 #
2023/0156(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The non-Union goods that are brought to the customs territory of the Union should be considered to be in temporary storage from the moment the carrier notifies their arrival until their placement under a customs procedure unless they are already placed in transit. To ensure appropriate customs supervision, this situation should be limited in time. It should not last more than 10 days, except in exceptional cases. If the importer needs to store the goods for a longer period, the goods should be in a customs warehouse, where the goods can be stored without time limit. The existing authorisations for temporary storage locations should therefore be converted into customs warehouse authorisations if the relevant requirements are met.
Amendment 198 #
2023/0156(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 18 –point b
Article 5 – paragraph 1 – point 18 –point b
(b) pose a threat to the security and safety of theUnion and itspublic health ofUnion citizens and residents; or
Amendment 229 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. An importer or exporter,, exporter or customs representative who is resident or registered in the customs territory of the Union, meets the criteria set out in paragraph 3 and has conducted regular customs operations in the course of that person’s business for at least 3 years, may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established.
Amendment 249 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 5 – subparagraph 1
Article 25 – paragraph 5 – subparagraph 1
Where a Trust and Check trader changes its Member State of establishment, the customs authorities of the receiving Member State may reassess the Trust and Check authorisation, after consultation with the Member State that initially granted the status and having received the previous records on the operators. During the reassessment, the customs authority of the Member State that granted the initial authorisation may suspend it.
Amendment 255 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 7 – introductory part
Article 25 – paragraph 7 – introductory part
7. Customs authorities mayshall authorise Trust and Check traders:
Amendment 269 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose name and on whose behalf that representative is acting has been granted such status or is a small and micro enterprise pursuant to Reccomendation 2003/361/EC or is an authorised economic operator pursuant to the present Regulation.
Amendment 275 #
2023/0156(COD)
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. For the purposes of paragraph 3 of this Article, the Commission shall adopt and publish guidelines setting out common principles and practices for the implementation of obligations pursuant to Articles 20 and 22 respectively.
Amendment 281 #
2023/0156(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
Enable interoperability with the EU Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Reporting Obligations Annex of Regulation 2019/1239.
Amendment 337 #
2023/0156(COD)
Proposal for a regulation
Article 80 – paragraph 9
Article 80 – paragraph 9
9. Until the date in Article 265(3), the entry summary declaration submitted in accordance with the rules and data rrquirements set down in Regulation 952/2013, its Implementing and Delegated Acts shall be considered the advance cargo information.
Amendment 338 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1 (new)
Article 83 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Arrival Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 339 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. Where the arrival of the means of transport and of the consignments therein is not covered by the notification referred to in paragraph 1, theGoods which are brought into the customs territory of the Union by sea or air and which remain on board the same means of transport for carrierage, shall notify the arrival of thegoods broughtonly be notified as ‘arrived’ into the customs territory of the Union by sea or air at the port or airport where they are unloaded or transhipped.
Amendment 340 #
2023/0156(COD)
Proposal for a regulation
Article 83 – paragraph 6
Article 83 – paragraph 6
6. TFrom the date set out in article 265 (3) and only under exceptional cases,the carrier shall not unload, in the customs territory of the Union, the goods for which a minimum advance cargo information has not been provided or made available to customs, unless the customs authorities have requested the carrier to present them in accordance with Article 85. (9) The Commission is empowered to adopt delegated acts in accordance with Article 261, to supplement this Regulation by determining the minimum advance cargo data referred to in paragraph 6 and the specific circumstances when the carrier can be prevented from unloading the cargo.
Amendment 341 #
2023/0156(COD)
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. The customs authorities shall require the carrier , without prejudice to article 80(5),to present the goods and provide the advance cargo information referred to in Article 80, where this information has not been provided at an earlier stage.
Amendment 342 #
2023/0156(COD)
Proposal for a regulation
Article 85 – paragraph 5 – subparagraph 1 (new)
Article 85 – paragraph 5 – subparagraph 1 (new)
Until the date in Article 265(3), the Presentation Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 343 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 1 – subparagraph 1 (new)
Article 86 – paragraph 1 – subparagraph 1 (new)
Until the date in Article 265(3), the Temporary Storage Declaration shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 344 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 30 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extendunless the customs authorities do not require the goods to be presented.
Amendment 178 #
2023/0138(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 319 #
2023/0138(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘net expenditure’ means government expenditure net of interest expenditure, discretionary revenue measures and other budgetary variables outside the control of the government as set out in Annex II, point (a), expenditure on programmes of the Union fully matched by Union funds revenue, national expenditure on co- financing of programmes funded by the Union, cyclical elements of unemployment benefit expenditure, strategic investments in security and defence, and costs related to the borrowing of funds for the loans related to the national Recovery and Resilience Facility Plans;
Amendment 332 #
2023/0138(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) ‘decoupling investments’ means excluding, when calculating government expenditure, the cost of investments falling under the common priorities of the Union set out in Annex VI and any other priorities identified, on a proposal from the European Commission, by the Council and Parliament;
Amendment 421 #
2023/0138(COD)
Amendment 442 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the public debt ratio is put or remains on a plausibly downwardn economically and socially sustainable path, or stays at prudent levels;
Amendment 458 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the fiscal adjustment effort over the period of the national medium-term fiscal- structural plan is at least proportional to the total effort over the entire adjustment period, provided that the path is economically and socially sustainable;
Amendment 474 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectorystabilises over the adjustment period; and
Amendment 489 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
Amendment 500 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)
Article 6 – paragraph 1 – point e a (new)
(ea) the measures contained in the national medium-term fiscal-structural plan are adequate to support strategic public investment in order to reduce the public debt ratio through growth;
Amendment 502 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e b (new)
Article 6 – paragraph 1 – point e b (new)
(eb) in the event that medium-term output growth stagnates or declines, the downward path for the public debt ratio is suspended and the fiscal adjustment effort over the period of the national medium- term fiscal-structural plan is revised accordingly;
Amendment 506 #
2023/0138(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
The technical trajectories shall be differentiated for each Member State. The criteria for setting the technical trajectoriesof the Member States shall be agre set out in Annex Ied with them.
Amendment 527 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 546 #
2023/0138(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. In the event of periods of severe economic crisis for the euro area or for the whole Union, or of exceptional events beyond the control of the Member State having a strong impact on its financial position, the Commission shall revise and, where necessary, promptly update, in consultation with the Member States, the technical trajectories and quantitative guidance of the medium-term fiscal- structural plans of the Member States concerned.
Amendment 549 #
2023/0138(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Assessment of plausibility and economic and social sustainability
Amendment 562 #
2023/0138(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Commission shall also assess the economic and social sustainability of the public debt ratio trajectory according to the methodology set out in Annex Va. The Commission shall make public its analysis of the economic and social sustainability and the underlying data.
Amendment 565 #
2023/0138(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
By … [12 months after the entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 33 to supplement this Regulation by defining the methodology, agreed with the Member States in the relevant working groups, for debt sustainability analysis and the methodology for the assessment of plausibility referred to in paragraph 1. For the purpose of the delegated act on debt sustainability analysis, the Commission shall take into account, in particular, the future evolution of sustainable growth; the public debt ratio; interest rates; the level of inflation; liquidity risks; the structure of the debt; contingent liabilities; the potential growth impact of the reforms and investments underpinning the implemented national medium-term fiscal-structural plans.
Amendment 591 #
2023/0138(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
Without prejudice to the rules of the constitutional system of each Member State, prior to the submission of its plan, the Member State shall discuss the content of the medium-term fiscal- structural plan before the national parliament.
Amendment 597 #
2023/0138(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Prior to the submission of its national medium-term fiscal-structural plan, the Member State concerned shall hold with the Commission a technical dialogue, for the purpose of defining the technical trajectory in accordance with Article 5 and with the objective of ensuring that the national medium-term fiscal-structural plan complies with Articles 11, 12 and 14.
Amendment 603 #
2023/0138(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The national medium-term fiscal-structural plan shall provide the information listed in Annex II. In particular, it shall present a net expenditure trajectory covering a period of at least 46 years, as well as the underlying macroeconomic assumptions and the planned fiscal-structural measures in order to demonstrate compliance with the requirements of Article 12. The investments defined in Annex VI shall be excluded from the computation of net expenditure contained in the medium- term fiscal-structural plan.
Amendment 608 #
2023/0138(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 617 #
2023/0138(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 631 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) ensure the fiscal adjustment necessary to put or keep public debt on a plausibly downward path by the end of the adjustment period at the latest, or remain at prudent levels, and to bring and maintain the government deficit below the 3% of GDP reference value over the medium terme and economically and socially sustainable path;
Amendment 646 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) explain how it will ensure the delivery of investment and reforms responding to the main challenges identified within the European Semester, in the country-specific recommendations, correct the identified macroeconomic imbalances under the Macroeconomic Imbalances Procedure if applicable, and address the common priorities of the Union referred to in Annex VI of this Regulation, including the European Green Deal, European Pillar of Social Rights and the Digital Decade while being consistent with the updated National Energy and Climate Plans and the National Digital Decade Roadmapsas strategic by the Member State;
Amendment 669 #
2023/0138(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) if applicable, explain how it will ensure the delivery of a relevant set of reforms and investments referred to in Article 13, underpinning an extension of the Member State’s adjustment period by 34 years at most;
Amendment 690 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Where a Member State commits to a relevant set of reforms and investments in accordance with the criteria set out in paragraph 2, the adjustment period may be extended by 34 years at most.
Amendment 694 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Amendment 721 #
2023/0138(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2 – point iii
Article 13 – paragraph 2 – subparagraph 2 – point iii
(iii) address the common priorities of the Union referred to in Annex VI or other priorities identified as such by the Member State concerned;
Amendment 778 #
2023/0138(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Prior to the submission of the revised national medium-term fiscal- structural plan, the Commission shall put forward, in a report to the Economic and Financial Committee, a new technical trajectoryMember State shall propose a new reference trajectory in accordance with Article 5.
Amendment 803 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the national medium-term fiscal-structural plan ensures that public debt is put or kept on a plausibly downward path by the end of the adjustment period at the lateste and economically and socially sustainable path, or stays at prudent levels;
Amendment 830 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) whether the fiscal adjustment effort over the period of the national medium- term fiscal-structural plan is at least proportional to the total effort over the entire adjustment period, provided that the path is economically and socially sustainable;
Amendment 832 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
Amendment 850 #
2023/0138(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point f
Article 15 – paragraph 2 – point f
(f) whether the public debt ratio at the end of the planning horizon is below the public debt ratio in the year before the start of the technical trajectoryhas stabilised over the adjustment period.
Amendment 898 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
The Council shall, on a recommendation from the Commission, recommend to the Member State concerned that the technical trajectory issued by the Commissionpursuant to Article 5 be the net expenditure path of the Member State where:
Amendment 900 #
2023/0138(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the Member State concerned fails to submit a revised national medium-term fiscal-structural plan within onthree months of the recommendation by the Council;
Amendment 939 #
2023/0138(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
The Commission shall set up a control account, functioning in accordance with Annex IV, and shall keep track of cumulative upward (debit) and downward (credit) deviations of actual net expenditures from the net expenditure path. In the control account, upward deviations shall also take into account the ratio of private debt to GDP .
Amendment 1039 #
2023/0138(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
Amendment 1043 #
2023/0138(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 1054 #
2023/0138(COD)
Proposal for a regulation
Article 35
Article 35
Amendment 1074 #
2023/0138(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 1166 #
2023/0138(COD)
Proposal for a regulation
Annex V a (new)
Annex V a (new)
Annex Va Methodology used by the Commission to assess economic and social sustainability The methodology for the assessment of sustainability pursuant to Article 8 is based on the following conditions: the roadmap used to reduce the public debt ratio should be based on GDP growth and take into account the specific situation of each country; the roadmap used to reduce the public debt ratio should in no way jeopardise the public investments necessary for attaining the objectives of the European Pillar of Social Rights, including its targets for employment, skills and poverty reduction, by 2030.
Amendment 1170 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point c
Annex VI – paragraph 1 – point c
(c) Tinvestment in security and defence in implementing the Strategic Compass for Security and Defence - 'For a European Union that protects its citizens, values and interests and contributes to international peace and security' as well as the Digital Decade Policy Programme 203037, and reflected at national level through the National Digital Decade Strategic Roadmaps; _________________ 37 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030, (OJ L 323, 19.12.2022, p. 4)–26.
Amendment 1173 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point d a (new)
Annex VI – paragraph 1 – point d a (new)
(da) promoting the EU's development by means of the economic, social and territorial cohesion instruments;
Amendment 1174 #
2023/0138(COD)
Proposal for a regulation
Annex VI – paragraph 1 – point d b (new)
Annex VI – paragraph 1 – point d b (new)
(db) where applicable, essential investments made up to 2026, to achieve the targets and reforms set out in the national recovery and resilience plans, as well as the cost of borrowing, including principal and interest, up to the year of full repayment.
Amendment 101 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Amendment 120 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Council Regulation (EC) No 1467/97
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
The Commission shall also take into account all other relevant factors as indicated in Article 126(3) TFEU, in so far as they significantly affect the assessment of compliance with the deficit and debt criteria by the Member State concerned.
Amendment 215 #
2023/0137(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EC) No 1467/97
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Any Council decision to give notice to the participating Member State concerned to take measures for the deficit reduction in accordance with Article 126(9) TFEU shall be taken within two months of the Council decision under Article 126(8) TFEU establishing that no effective action has been taken. In the notice, the Council shall request that the Member State implements a corrective net expenditure path which ensures that the general government deficit remains or is brought and maintained below the reference value within the deadline set in the notice. For the years where the general government deficit is expected to exceed the reference value, the corrective net expenditure path shall be consistent with a minimum annual adjustment of at least 0,5% of GDP as a benchmark.
Amendment 41 #
2023/0136(NLE)
Proposal for a directive Sole Article – Paragraph 1 – point 3 – point a Directive 2011/85/EU
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that annual and multiannual fiscal planning is based on realistic macroeconomic and budgetary forecasts using the most up-to- date information. Budgetary planning shall be based on the most likely macrofiscal scenario or on a more prudent scenario. The macroeconomic and budgetary forecasts shall be either produced or endorsvaluated by independent fiscal institutions established in accordance with Article 8. They shall be compared with the most updated forecasts of the Commission. Significant differences between the macroeconomic and budgetary forecasts of the Member States and the Commission’s forecasts shall be explained, including where the level or growth of variables in external assumptions departs significantly from the values contained in the Commission’s forecasts.
Amendment 70 #
2023/0136(NLE)
Proposal for a directive Sole Article – Paragraph 1 – point 8 Directive 2011/85/EU
Article 8 – paragraph 4 – point a
Article 8 – paragraph 4 – point a
(a) producing the annual and multiannual macroeconomic and budgetary forecasts underlying the government’s medium-term planning or endorsvaluating those used by the budgetary authorities;
Amendment 87 #
2023/0115(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Union crisis management framework should ensure at all times that losses are not being socialised and taxpayers’ resources are not employed to aid or rescue credit institutions in difficulty, unless in extraordinary circumstances of a systemic nature or pertaining to very large economic turmoil.
Amendment 101 #
2023/0115(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Pursuant to Article 10(2) of Directive 2014/49/EU, it is confirmed that Member States are to ensure that by 3 July 2024, the available financial means of a DGS reach a target level of 0,8 % of the amount of the covered deposits of its members. To objectively assess whether DGSs fulfil that requirement, a clear reference period should be set to determine the amount of covered deposits and DGSs’ available financial means.
Amendment 109 #
2023/0115(COD)
Proposal for a directive
Recital 22
Recital 22
(22) It is necessary to enhance depositor protection, while avoiding the need for a fire sale of the assets of a DGS and limiting possible negative pro-cyclical effects over the banking industry caused by the collection of extraordinary contributions. DGSs should therefore be allowed to use alternative funding arrangements that enable them to obtain at any time short- term funding from sources other than contributions, including before using their available financial means and funds collected through extraordinary contributions. Because credit institutions should primarily bear the cost and responsibility for financing DGSs, alternative funding arrangements from public funds should only be used where they act as a last resort.
Amendment 173 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a – point -i (new)
Article 1 – paragraph 1 – point 11 – point a – point -i (new)
Directive 2014/49/EU
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 184 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point e a (new)
Article 1 – paragraph 1 – point 11 – point e a (new)
Directive 2014/49/EU
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 188 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point g
Article 1 – paragraph 1 – point 11 – point g
Directive 2014/49/EU
Article 10 – paragraph 11
Article 10 – paragraph 11
11. Member States shall ensure that in the context of the measures referred to in Article 11(1), (2), (3) and (5), DGSs may use the funds originating from the alternative funding arrangements referred to in Article 10(9) which are not financed through public funds, before using the available financial means and before collecting the extraordinary contributions referred to in Article 10(8). Member States shall ensure that DGSs use alternative funding arrangements financed through public funds only as a last resort.
Amendment 199 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/49/EU
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. Member States may allowshall ensure that DGSs tocan use the available financial means for preventive measures as referred to in Article 11a for the benefit of a credit institution where all of the following applies:
Amendment 202 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/49/EU
Article 11 – paragraph 3 – point a
Article 11 – paragraph 3 – point a
(a) none of the circumstances referred to inthe resolution authority has not taken any resolution action under Article 32(4) of Directive 2014/59/EU are present;
Amendment 214 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/49/EU
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where a credit institution is wound up in accordance with Article 32b of Directive 2014/59/EU in order to exit the market or terminate its banking activity, Member States may allowshall ensure that DGSs tocan use the available financial means for alternative measures to preserve the access of depositors to their deposits, including the transfer of assets and liabilities and a deposit book transfer, provided that the DGS confirms that the cost of the measure does not exceed the cost of repaying depositors as calculated in accordance with Article 11e of this Directive and that all the conditions laid down in Article 11d of this Directive are met.’;
Amendment 219 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11a – paragraph 1 – introductory part
Article 11a – paragraph 1 – introductory part
1. Where Member States shallow the use of DGS funds for preventive measures as referred to in Article 11(3), Member States shall ensure that ensure that the designated authorities, after consulting the competent authorities and the resolution authorities, approve in a timely manner the use of the available financial means of DGSs use the available financial means for the preventive measures referred to in Article 11(3), provided that all of the following conditions are met:
Amendment 233 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11a – paragraph 1 – point f
Article 11a – paragraph 1 – point f
(f) the credit institution complies with its obligations under this Directive and has fully reimbursed any previous preventive measure.
Amendment 248 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11a – paragraph 4a (new)
Article 11a – paragraph 4a (new)
4a. EBA shall develop draft guidelines to specify the following: (a) the conditions referred to under paragraph 1, point (c); (b) the monitoring systems and decision making systems that DGSs are to have in place in accordance with paragraph 2. EBA shall submit those guidelines to the Commission by ... [one year after the date of entry into force of this amending Directive].
Amendment 250 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 1
Article 11b – paragraph 1
1. Member States shall ensure that credit institutions which request a DGS to finance preventive measures in accordance with Article 11(3) present to the competent authority for consultation a note with measures that those credit institutions commit to undertake to ensure or restoreand maintain compliance with the applicable supervisory requirements applicable to the credit institution concerned and that are laid down in Directive 2013/36/EU and Regulation (EU) No 575/2013.
Amendment 267 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11b – paragraph 6
Article 11b – paragraph 6
6. Where the Union State aid framework is applicable, Member States shall ensure that the measures envisaged in the note referred to in paragraph 1 are aligned with the restructuring plan that the credit institution is required to submit to the Commission under that framework, in accordance with the Union State aid framework, to be accordingly updated taking into account the European Court of Justice pronouncements, before the entry into force of the Directive.
Amendment 284 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11d – paragraph 1
Article 11d – paragraph 1
1. Where Member States shallow enable the use of DGS funds for the alternative measures referred to in Article 11(5), they. Member States shall ensure that when DGSs finance such measures the credit institutionsa marketing, or make arrangements for the marketing of,should be performed having regard to the assets, rights and liabilities those credit institutions intend to transfer. Without prejudice to the Union State aid framework, such marketing shall comply with all of the following:
Amendment 290 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11e – paragraph 2 – point b
Article 11e – paragraph 2 – point b
Amendment 292 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11e – paragraph 2 – point c
Article 11e – paragraph 2 – point c
(c) for the measures referred to in Article 11(2), (3) and (5), when estimating the cost of repaying depositors, as referred to in paragraph 1, point (b), the DGS shall take into account the expected ratio of recoveries, and any indirect costs, including the cost for the replenishment of the DGS that is to be borne by credit institutions that are members of the DGS, and the potential additional costs of funding for the DGS and for the banking system and the impact on the weaker banks;
Amendment 294 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11e – paragraph 2 – point d
Article 11e – paragraph 2 – point d
(d) for the measures referred to in Article 11(3),2), (3), and (5) when estimating the cost of repaying depositors, the DGS shall multiply the estimated ratio of recoveries calculated in accordance with the methodology referred to in paragraph 5, point b, by 85 %.
Amendment 299 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11e – paragraph 5
Article 11e – paragraph 5
The EBA shall develop draft regulatory technical standards to specifyguidelines to specify, taking into consideration the specific features of each Member State:
Amendment 300 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11e – paragraph 5 – point b
Article 11e – paragraph 5 – point b
(b) the methodology for the calculation of the estimated cost of repaying depositors referred to in paragraph 1, point (b), including the estimated ratio of recoveries referred to in paragraph 2, point (c), which shall take into account the specific features of the Member State concerned;
Amendment 302 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2014/49/EU
Article 11e – paragraph 5 – subparagraph 3
Article 11e – paragraph 5 – subparagraph 3
Amendment 303 #
2023/0115(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Amendment 332 #
2023/0115(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Directive 2014/49/EU
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
They shall apply those provisions from … [OP – please insert the date = 24 months after the date of entry into force of this Directive]. However, they shall apply the provisions necessary to comply with Article 11(3), as amended by this Directive, and Articles 11a, 11b, 11c and 11e in relation to preventive measures from … [PO – please insert the date = 4836 months after the date of entry into force of this Directive].
Amendment 54 #
2023/0112(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 62 #
2023/0112(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The assessment of whether the resolution of an institution or entity is in the public interest should also reflect, to the extent possible, the difference between, on the one hand, funding provided through industry-funded safety nets (resolution financing arrangements or DGSs) and, on the other hand, funding provided by Member States from taxpayers’ money. Funding provided by Member States bears a higher risk of moral hazard and a lower incentive for market discipline. As the public interest assessment is an ad hoc decision, it also lacks transparency and has negative consequences for the level playing field in the internal market. Therefore, when assessing the objective of minimising reliance on extraordinary public financial support, resolution authorities should find funding through the resolution financing arrangements or the DGS preferable toand funding through an equal amount of resources from the budget of Member States.
Amendment 68 #
2023/0112(COD)
Proposal for a directive
Recital 12
Recital 12
Amendment 78 #
2023/0112(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In light of the experience acquired in the implementation of Directive 2014/59/EU, Regulation (EU) No 806/2014 and Directive 2014/49/EU of the European Parliament and of the Council31 , it is necessary to specify further the conditions under which measures of a preventive precautionary nature that qualify as extraordinary public financial support may exceptionally be granted. To minimise distortions of competition arising from differences in nature of DGSs in the Union, interventions of DGSs in the context of preventive measures complying with Directive 2014/49/EU that qualify as extraordinary public financial support should exceptionally be allowed where the beneficiary institution or entity does not meet any of the conditions for being deemed ashas been not declared failing or likely to fail. It should be ensured that precautionary measures are taken sufficiently early. The European Central Bank (ECB) currently bases its consideration that an institution or entity is solvent, for the purposes of precautionary recapitalisation, on a forward-looking assessment for following 12 months of whether the institution or entity can comply with the own funds requirements set out in Regulation (EU) No 575/2013 of the European Parliament and of the Council32 or in Regulation (EU) 2019/2033 of the European Parliament and of the Council33 , and the additional own funds requirement laid down in Directive 2013/36/EU or Directive (EU) 2019/2034. That practice should be laid downrevised in Directive 2014/59/EU. Moreover, measures to provide relief for impaired assets, including asset management vehicles or asset guarantee schemes, can prove effective and efficient in addressing causes of possible financial distresses faced by institutions and entities and preventing their failure and could therefore constitute relevant precautionary measures. It should be therefore specified that such precautionary measures can take the form of impaired asset measures. __________________ 31 Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149). 32 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). 33 Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1).
Amendment 80 #
2023/0112(COD)
Proposal for a directive
Recital 18
Recital 18
(18) To preserve market discipline, protect public funds and avoid distortions of competition, precautionary measures should remain the exception and only be applied to address situations of serious disturbance in the market or to preserve financial stability. Moreover, precautionary measures should not be used to address incurred or likely losses unless an exception to the burden-sharing requirement is made under Union State aid framework. The most reliable instrument to identify incurred or likely to be incurred losses is an asset quality review by the ECB, the European Supervisory Authority (European Banking Authority) (EBA), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council34 or national competent authorities. Competent authorities should use such a review to identify incurred or likely to be incurred losses where such review can be carried out within a reasonable timeframe. Where that is not possible, competent authorities should identify incurred or likely to be incurred losses in the most reliable way possible under the prevailing circumstances, based on on-site inspections where appropriate. __________________ 34 Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
Amendment 83 #
2023/0112(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Precautionary recapitalisation is aimed at supporting viable institutions and entities identified as likely to encounter temporary difficulties in the near future and to prevent their situation from deteriorating further. To avoid that public subsidies are granted to businesses that are already unprofitable when the support is granted, precautionary measures granted in the form of acquisition of own funds instruments or other capital instruments or through impaired asset measures should not exceed the amount necessary to cover capital shortfalls as identified in the adverse scenario of a stress test or equivalent exercise. To ensure that public financing is ultimately discontinued, those precautionary measures should also be limited in time and contain a clear timeline for their termination (exit strategy). Perpetual instruments, including Common Equity Tier 1 capital, should only be used in exceptional circumstances and be subject to certain quantitative limits because by their nature they are not well suited for compliance with the condition of temporariness.
Amendment 85 #
2023/0112(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Precautionary measures should be limited to the amount that the institution or entity would need to maintain its solvency in the case of an adverse scenario event as determined in a stress test or equivalent exercise. In the case of precautionary measures in the form of impaired asset measures, the receiving institution or entity should be able to use that amount to cover losses on the transferred assets or in combination with an acquisition of capital instruments, provided that the overall amount of the shortfall identified is not exceeded. It is also necessary to ensure that such precautionary measures in the form of impaired asset measures comply with existing State aid rules and best practices, that they restore the institution or entity's long-term viability, that State aid is limited to the minimum necessary and that distortions of competition are avoided. For those reasons, the authorities concerned should in case of precautionary measures in the form of impaired asset measures take into account the specific guidance, including the AMC Blueprint35 and the Communication on Tackling Non- Performing Loans36 . Those precautionary measures in the form of impaired asset measures should always be subject to the overriding condition of temporariness. Public guarantees granted for a specified period in relation to the impaired assets of the institution or entity concerned are expected to ensure better compliance with the temporariness condition than transfers of such assets to a publicly supported entity. To ensure the market exit of institutions and entities that prove not to be viable, despite the support received, it is necessary to lay down that non- compliance by the institution or entity concerned with the terms of the support measures specified at the time such measures were granted is to result in the institution or entity concerned being considered failing or likely to fail. __________________ 35 COM(2018) 133 final. 36 COM(2020) 822 final.
Amendment 91 #
2023/0112(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The level of the MREL for resolution entities is the sum of the amount of the losses expected in resolution and the recapitalisation amount that enable the resolution entity to continue to comply with its conditions for authorisation and enabling it to pursue its activities for the appropriate period. Certain preferred resolution strategies entail the transfer of assets, rights and liabilities to a recipient and market exit, in particular the sale of business tool. In those cases, the objectives pursued by the recapitalisation component might not apply to the same extent, because the resolution authority will not be required to ensure that the resolution entity restores compliance with its own funds requirements after resolution action. Nevertheless, the losses in such cases are expected to exceed the resolution entity’s own funds requirements. It is therefore appropriate to lay down that the level of the MREL of those resolution entities continues to include a recapitalisation amount that is adjusted in a way that is proportionate to the resolution strategy.
Amendment 93 #
2023/0112(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Where the resolution strategy envisages the use of resolution tools other than bail-in, the recapitalisation needs of the entity concerned will generally be smaller after resolution than in case of open bank bail-in. The calibration of the MREL in such a case should take that aspect into account when estimating the recapitalisation requirement. Therefore, when adjusting the level of the MREL for resolution entities the resolution plan of which envisages the sale of business tool or the bridge institution tool and its exit from the market, resolution authorities should take into account the features of those tools, including the expected perimeter of the transfer to the private purchaser or to the bridge institution, the types of instruments to be transferred, the expected value and marketability of those instruments and the design of the preferred resolution strategy, including the complementary use of the asset separation tool. Since the resolution authority has to decide on a case by case basis on any possible use in resolution of funds from DGS and since such decision cannot be assumed with certainty ex ante, the resolution authorities should not consider the potential contribution of the DGS in resolution when calibrating the level of the MREL.
Amendment 96 #
2023/0112(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 140 #
2023/0112(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The contribution of the DGS in resolution should be subject to certain limits. First, it should be ensured that any loss which the DGS may bear as a result of an intervention in resolution does not exceed the loss that the DGS would bear in insolvency if it paid out covered depositors and subrogated to their claims over the institution’s assets. That amount should be determined on the basis of the least cost test, in accordance with the criteria and methodology set out in Directive 2014/49/EU, taking into account all relevant factors, including the time value of money as well as delays in the recovery of funds and the recovery rates expected in insolvency proceedings, based on national specificities. Those criteria and methodology should also be used when determining the treatment that the DGS would have received had the institution entered normal insolvency proceedings when carrying out the ex-post valuation for the purposes of assessing compliance with the ‘no creditor worse off’ principle and determining any compensation owed to the DGS. Second, the amount of the DGS’s contribution aimed at covering the difference between the assets and liabilities to be transferred to a purchaser or to a bridge institution should not exceed the difference between the transferred assets and the transferred deposits and liabilities with the same or a higher priority ranking in insolvency than those deposits. That would ensure that the contribution of the DGS is only used for the purposes of avoiding the imposition of losses on depositors, where appropriate, and not for the protection of creditors that rank below deposits in insolvency. Nevertheless, the sum of the contribution of the DGS to cover the difference between assets and liabilities with the contribution of the DGS towards the own funds of the recipient entity should not exceed the cost of repaying covered depositors as calculated under the least cost test.
Amendment 213 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/59/EU
Article 27 – paragraph 1a – point d
Article 27 – paragraph 1a – point d
Amendment 214 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2014/59/EU
Article 27 – paragraph 1 a – point f a (new)
Article 27 – paragraph 1 a – point f a (new)
(fa) the requirement for the management body to contact potential purchasers and to put in place a digital platform for sharing the information that is necessary for the marketing of the institution or entity referred to in Article 1(1), points (b), (c) or (d) with potential purchasers or with advisors and valuers in order to prepare for the resolution of that institution or entity, subject to the conditions laid down in Article 39(2) and the confidentiality provisions laid down in Article 84.
Amendment 228 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
After having received the notification referred to in the first subparagraph, resolution authorities shall assess, in close cooperation with competent authorities, what constitutes a reasonable timeframe for the purposes of the assessment of the condition referred to in Article 32(1), point (b), taking into account the speed of the deterioration of the conditions of the institution or entity referred to in Article 1(1), points (b), (c) or (d), the risk that a prolonged process increases the overall costs for customers and the economy, the need to implement effectively the resolution strategy and any other relevant considerations. Resolution authorities shall communicate that assessment to competent authorities as early as possible.
Amendment 244 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2014/59/EU
Article 31 – paragraph 2 – point d
Article 31 – paragraph 2 – point d
(d) to protect depositors, while minimising losses for deposit guarantee schemes, and to protect investors covered by Directive 97/9/EC;;
Amendment 249 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2014/59/EU
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
(16a) in Article 31 the following paragraph 2a is added: "2a. Subject to different provisions of this Directive, the resolution objectives are of equal significance, and resolution authorities shall balance them as appropriate to the nature and circumstances of each case. For the purposes of Article 32(5), the objectives of preserving financial stability and protecting depositors pursuant to points (b) and (d) of paragraph 2, respectively, shall be deemed to be more significant than other resolution objectives.";
Amendment 255 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2014/59/EU
Article 32 – paragraph 2 – subaparagraph 1
Article 32 – paragraph 2 – subaparagraph 1
Amendment 261 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/59/EU
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
For the purposes of paragraph 1, point (c), a resolution action shall be treated as in the public interest where, pursuant to the second subparagraph of Article 31(3), that resolution action is necessary for the achievement of, and is proportionate to, one or more of the resolution objectives referred to inin that Article 31, and where winding up of the institution under normal insolvency proceedings would not meet those resolution objectives more effectivelyto the same extent. Member States shall ensure that when carrying out the assessment referred to in the first subparagraph, pursuant to Articles 10(1) and 45c(2), the resolution authority, in order to assess the appropriateness of the resolution for the institution, considers the following elements: (a) the prevalence of deposits and the absence of debt instruments in the funding model; (b) the access to the capital markets for eligible liabilities; (c) the extent to which the institution relies on Common Equity Tier 1 capital to meet its capital requirements.
Amendment 277 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2014/59/EU
Article 32 – paragraph 5 – subparagraph 2
Article 32 – paragraph 5 – subparagraph 2
Member States shall ensure that when carrying out the assessment referred to in the first subparagraph, the resolution authority, based on the information available to it at the time of that assessment, considers and compares all extraordinary public financial support that can reasonably be expected to be granted to the institution, both in the event of resolution and in the event of winding up in accordance with the applicable national law.;
Amendment 287 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2014/59/EU
Article 32b – paragraph 4
Article 32b – paragraph 4
4. Member States shall ensure that the withdrawal of the authorisation of the institution or entity referred to in Article 1(1), points (b), (c) or (d) declared when the conditions mentioned in paragraph 3 are met is a sufficient condition for a relevant national administrative or judicial authority to be able to initiate without delay the procedure to wind up the institution or entity in an orderly manner in accordance with the applicable national law. ’:
Amendment 290 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – title
Article 32c – title
Amendment 294 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 1 – introductory part
Article 32c – paragraph 1 – introductory part
1. Member States shall ensure that extraordinary public financial support outside of resolution action or the winding up according to the applicable procedures may be granted to an institution or entity as referred to in Article 1(1), points (b), (c) or (d), on an exceptional basis only in one of the following cases and provided that the extraordinary public financial support complies with the conditions and requirements established in the Union State aid framework:
Amendment 298 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 1 – point a – introductory part
Article 32c – paragraph 1 – point a – introductory part
(a) where, to remedy a serious disturbance in the economy of a Member State or to preserve financial stability, the extraordinary public financial support takes any of the following formextraordinary support measures:
Amendment 303 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 1 – point b
Article 32c – paragraph 1 – point b
(b) where the extraordinary public financial support takes the form of an intervention by a deposit guarantee scheme to preserve the financial soundness and long-term viability of the credit institution in compliance with the conditions set out in Articles 11a and 11b of Directive 2014/49/EU, provided that none of the circumstances referred to in Article 32(4) are present;
Amendment 311 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 1 – point c
Article 32c – paragraph 1 – point c
(c) where the extraordinary public financial support takes the form of an intervention by a deposit guarantee scheme in the context of the winding up of an institution pursuant to Article 32b and in accordance with the conditions set out in Article 11(5) of Directive 2014/49/EU;
Amendment 319 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
By way of derogation from paragraph 2, point (d), the support measures referred to in paragraph 1, point (a) can be used to offset losses that the institution or entity is likely to incur in the near future where an exception to the burden-sharing requirement is made under Union State aid framework.
Amendment 320 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 2 – subparagraph 2
Article 32c – paragraph 2 – subparagraph 2
For the purposes of the first subparagraph, point (a), an institution or entity shall be deemed to be solvent where the competent authority has concluded that no breach has occurred, or is likely to occur in the 12 following months, of any of the requirements referred to in Article 92(1) of Regulation (EU) No 575/2013, Article 104a of Directive 2013/36/EU, Article 11(1) of Regulation (EU) 2019/2033, Article 40 of Directive (EU) 2019/2034 or the relevant applicable requirements under Union or national law. The competent authority may deem an institution or entity to be solvent where it determines that a breach of these requirements is temporary in nature, taking into account the specific circumstances of each case, and provided that the institution or entity can demonstrate a reasonable plan to remedy the breach within an appropriate timeframe as determined by the competent authority.
Amendment 328 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 2 – subparagraph 5
Article 32c – paragraph 2 – subparagraph 5
By way of derogation from paragraph 1, point (a)(iii), acquisition of Common Equity Tier 1 instruments shall be exceptionally permitted where the nature of the shortfall identified is such that the acquisition of any other own funds instruments or other capital instruments would not make it possible for the institution or entity concerned to address its capital shortfall established in the adverse scenario in the relevant stress test or equivalent exercise. The amount of acquired Common Equity Tier 1 instruments shall not exceed 2% of the total risk exposure amount of the institution or entity concerned calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013.
Amendment 330 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2014/59/EU
Article 32c – paragraph 2 – subparagraph 6
Article 32c – paragraph 2 – subparagraph 6
Amendment 358 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 31 – point -a (new)
Article 1 – paragraph 1 – point 31 – point -a (new)
Directive 2014/59/EU
Article 45c – paragraph 2 – subparagraph 2
Article 45c – paragraph 2 – subparagraph 2
(-a) the second subparagraph of paragraph 2 is replaced by the following: " Where the resolution plan provides that the entity is to be wound up under normal insolvency proceedings or other equivalent national procedures, the resolution authority limits the requirement referred to in Article 45(1) for that entity, so that it does not exceed an amount sufficient to absorb losses in accordance with point (a) of the first subparagraph, except in extraordinary cases of the need for additional buffer. The buffer in any case shall be lower than the recapitalisation amount as referred to in paragraph 3."
Amendment 370 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2014/59/EU
Article 45ca – paragraph 1 – introductory part
Article 45ca – paragraph 1 – introductory part
1. When applying Article 45c to a resolution entity whose preferred resolution strategy envisages primarily the use of the sale of business tool or the bridge institution tool and its exit from the market, the resolution authority shallmay set thea recapitalisation amount provided in Article 45c(3), that may be higher or equal to zero, in a proportionate way on the basis of the following criteria, as relevant:
Amendment 376 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2014/59/EU
Article 45ca – paragraph 1 – point a
Article 45ca – paragraph 1 – point a
(a) the resolution entity’s size, business model, funding model and risk profile, and the depth of the market in which the resolution entity operatability to access the capital markets for eligible liabilities;
Amendment 386 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2014/59/EU
Article 45ca – paragraph 1 – point ea (new)
Article 45ca – paragraph 1 – point ea (new)
(e a) whether any contribution by a deposit guarantee scheme is expected to be made pursuant to Article 109.’
Amendment 394 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2014/59/EU
Article 45ca – paragraph 2
Article 45ca – paragraph 2
Amendment 422 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 53 – point a
Article 1 – paragraph 1 – point 53 – point a
Directive 2014/59/EU
Article 103 – paragraph 3
Article 103 – paragraph 3
3. The available financial means to be taken into account in order to reach the target level specified in Article 102 may include irrevocable payment commitments which are fully backed by collateral of low risk assets unencumbered by any third party rights, at the free disposal and earmarked for the exclusive use by the resolution authorities for the purposes specified in Article 101(1). The share of irrevocable payment commitments shall not exceed 530 % of the total amount of contributions raised in accordance with this Article. Within that limit, the resolution authority shall determine annually the share of irrevocable payment commitments in the total amount of contributions to be raised in accordance with this Article.;
Amendment 468 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point a
Article 1 – paragraph 1 – point 56 – point a
Directive 2014/59/EU
Article 109 – paragraph 1 – point b – point i
Article 109 – paragraph 1 – point b – point i
(i) the amount necessary to cover the difference between the value of the covered deposits and of the liabilities with the same or a higher priority ranking than deposits and the value of the assets of the institution under resolution which are to be transferred to a recipient; and
Amendment 472 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point a
Article 1 – paragraph 1 – point 56 – point a
Directive 2014/59/EU
Article 109 – paragraph 1 – subparagraph 2 – point b
Article 109 – paragraph 1 – subparagraph 2 – point b
(b) where relevant, an amount necessary to ensure the capital neutrality of the transfer for the recipient. The decision of the resolution authority to exclude eligible deposits from the application of the write-down or conversion powers shall give rise to a rebuttable presumption that such an exclusion meets the requirements laid down in Article 44(3). Paragraph 12 of Article 44 shall not apply to such an exclusion.
Amendment 482 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point b
Article 1 – paragraph 1 – point 56 – point b
Directive 2014/59/EU
Article 109 – paragraph 2b – subparagraph 1
Article 109 – paragraph 2b – subparagraph 1
The contribution of the deposit guarantee scheme pursuant to paragraph 1, second subparagraph, shall count towards the thresholds laid down in Article 44(5), point (a), and in Article 44(8), point (a).
Amendment 486 #
2023/0112(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 56 – point b
Article 1 – paragraph 1 – point 56 – point b
Directive 2014/59/EU
Article 109 – paragraph 2b – subparagraph 3
Article 109 – paragraph 2b – subparagraph 3
Amendment 64 #
2023/0111(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The intensity, and level of detail, of the resolution planning work needed with respect to subsidiaries that have not been identified as resolution entities varies depending on the size and risk profile of the institutions and entities concerned, the presence of critical functions, and the group resolution strategy. The Single Resolution Board (the ‘Board’) should therefore be able to consider those factors when identifying the measures to be taken in respect of such subsidiaries and follow a simplified approach where appropriateit should be able to decide to follow a simplified approach, after consulting with the respective national authority, where appropriate, as long as the simplified approach does not, under any circumstances, result in a reduction of required standards.
Amendment 68 #
2023/0111(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The level of the MREL for resolution entities is the sum of the amount of the losses expected in resolution and the recapitalisation amount that enables the resolution entity to continue to comply with its conditions for authorisation and enabling it to pursue its activities for an appropriate period. Certain preferred resolution strategies entail the transfer of assets, rights and liabilities to a recipient and market exit, in particular the sale of business tool. In those cases, the objectives pursued by the recapitalisation component might not apply to the same extent as in the case of an open-bank bail-in strategy, because the Board will not be required to ensure that the resolution entity restores compliance with its own funds requirements after resolution action. Nevertheless, the losses in such cases are expected to exceed the resolution entity’s own funds requirements. It is therefore appropriate to lay down that the level of the MREL of those resolution entities continues to include a recapitalisation amount that is adjusted in a way which is proportionate to the resolution strategy.
Amendment 71 #
2023/0111(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Where the resolution strategy envisages the use of resolution tools other than bail-in, the recapitalisation needs of the entity concerned will generally be smaller after resolution than in case of open bank bail-in. The calibration of the MREL in such a case should take that aspect into account when estimating the recapitalisation requirement. Therefore, when adjusting the level of the MREL for resolution entities the resolution plan of which envisages the sale of business tool or the bridge institution tool and, optionally, its exit from the market, the Board should take into account the features of those tools, including the expected perimeter of the transfer to the private purchaser or to the bridge institution, the types of instruments to be transferred, the expected value and marketability of those instruments, and the design of the preferred resolution strategy, including the complementary use of the asset separation tool. Since the resolution authority has to decide on a case by case basis on any possible use in resolution of funds from the deposit guarantee scheme and since such decision cannot be assumed with certainty ex ante, the Board should not consider the potential contribution of the deposit guarantee scheme (in resolution when calibrating the level of the MREL.
Amendment 78 #
2023/0111(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The resolution framework is meant to be applied to potentiallymanage the failure of any institution or entity, irrespective of its size and business mod that has a positive public interest assessment, namely, ifwhen the tools available under national law are not adequate to manage its failure. To ensure such outcome, the criteria to apply the public interest assessment to any failing institution or entity should be specified.
Amendment 83 #
2023/0111(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The assessment of whether the resolution of an institution or entity is in the public interest should reflect, among other factors, the consideration that depositors are better protected when deposit guarantee scheme funds are used more efficiently and the losses for those funds are minimised. Therefore, in the public interest assessment, the resolution objective of protecting depositors should be considered better achieved in resolution if opting for insolvency would be more costly for the deposit guarantee schemefollowing a holistic evaluation.
Amendment 90 #
2023/0111(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The assessment of whether the resolution of an institution or entity is in the public interest should also reflect, to the extent possible, the difference between, on the one hand, funding provided throughprioritisation of using industry-funded safety nets (resolution financing arrangements or deposit guarantee schemes) and, on the other hand,instead of funding provided by Member States from taxpayers’ money, except for extraordinary circumstances of a systemic nature or pertaining to very large economic turmoil. Funding provided by Member States bears a higher risk of moral hazard and a lower incentive for market discipline. Therefore, when assessing the objective of minimising reliance on extraordinary public financial support, the Board should find funding through the resolution financing arrangements or the deposit guarantee scheme, preferable to funding through an equal amount of resources from the budget of Member States.
Amendment 94 #
2023/0111(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To ensure that the resolution objectives are attained in the most effective way, the outcome of the public interest assessment should be negative only whereconsider whether the winding up of the failing institution or entity under normal insolvency proceedings would achieve the resolution objectives more effectively and not only to the same extent as resolution.
Amendment 99 #
2023/0111(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In light of the experience acquired in the implementation of Directive 2014/59/EU, Regulation (EU) No 806/2014 and Directive 2014/49/EU, it is necessary to specify further the conditions under which measures of a precautionary nature that qualify as extraordinary public financial support may exceptionally be granted. To minimise distortions of competition arising from differences in nature of deposit guarantee schemes in the Union, interventions of such schemes in the context of preventive measures complying with the requirements laid down in Directive 2014/49/EU that qualify as extraordinary public financial support should exceptionally be allowed where the beneficiary institution or entity does not meet any of the conditions for being deemed ashas been not declared failing or likely to fail. It should be ensured that precautionary measures are taken sufficiently early failing or likely to fail. It should be ensured that precautionary measures are taken sufficiently early. The ECB currently bases its consideration that an institution or entity is solvent, for the purposes of precautionary recapitalisation, on a forward-looking assessment for the following 12 months of whether the institution or entity can comply with the own funds requirements set out in Regulation (EU) No 575/2013 or in Regulation (EU) 2019/2033, and the additional own funds requirement laid down in Directive 2013/36/EU or Directive (EU) 2019/2034. That practice should be laid downrevised in Regulation (EU) No 806/2014. Moreover, measures to provide relief for impaired assets, including asset management vehicles or asset guarantee schemes, can prove effective and efficient in addressing causes of possible financial distress faced by institutions and entities and preventing their failure and could therefore constitute relevant precautionary measures. It should therefore be specified that such precautionary measures can take the form of impaired asset measures.
Amendment 102 #
2023/0111(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Precautionary recapitalisation is aimed at supporting viable institutions and entities identified as likely to encounter temporary difficulties in the near future and to prevent their situation from deteriorating further. To avoid that public subsidies are granted to businesses that are already unprofitable when the support is granted, precautionary measures granted in the form of acquisition of own funds instruments or other capital instruments or through impaired asset measures should not exceed the amount necessary to cover capital shortfalls as identified in the adverse scenario of a stress test or equivalent exercise. To ensure that public financing is ultimately discontinued, those precautionary measures should also be limited in time and contain a clear timeline for their termination (exit strategy). Perpetual instruments, including Common Equity Tier 1 capital, should only be used in exceptional circumstances and be subject to certain quantitative limits because by their nature they are not well suited for compliance with the condition of temporariness.
Amendment 104 #
2023/0111(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Precautionary measures should be limited to the amount that the institution or entity would need to maintain its solvency in case of an adverse scenario event as determined in a stress test or equivalent exercise. In the case of precautionary measures in the form of impaired asset measures, the receiving institution or entity should be able to use that amount to cover losses on the transferred assets or in combination with an acquisition of capital instruments, provided that the overall amount of the shortfall identified is not exceeded. It is also necessary to ensure that such precautionary measures in the form of impaired asset measures comply with existing State aid rules and best practices, that they restore the institution or entity's long-term viability, that State aid is limited to the minimum necessary and that distortions of competition are avoided. For those reasons, the authorities concerned should, in case of precautionary measures in the form of impaired asset measures, take into account the specific guidance, including the AMC Blueprint35 and the Communication on Tackling Non- Performing Loans36 . Those precautionary measures in the form of impaired asset measures should also always be subject to the overriding condition of temporariness. Public guarantees granted for a specified period in relation to the impaired assets of the institution or entity concerned are expected to ensure better compliance with the temporariness condition than transfers of such assets to a publicly supported entity. To ensure the market exit of institutions and entities that prove not to be viable, despite the support received, it is necessary to lay down that non- compliance by the institution or entity concerned with the terms of the support measures specified at the time such measures were granted is to result in the institution or entity concerned being considered failing or likely to fail. __________________ 35 COM(2018) 133 final. 36 COM(2020) 822 final.
Amendment 107 #
2023/0111(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 113 #
2023/0111(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40a) Given the creditor hierarchy review, market conditions might not be as favourable to deposit guarantee schemes that seek such alternative funding arrangements. Therefore, to prevent temporary financing by the Member States, and to ensure that it remains a last resort, the Board should be able to provide either a credit line or a guarantee based on the Single Resolution Fund to a deposit guarantee scheme in order to facilitate its access to markets at favourable financing conditions. The Single Resolution Fund's support should be provided when the deposit guarantee scheme is required to intervene in resolution, yet available financial means are insufficient to satisfy the needs of such action.
Amendment 122 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c a (new)
Article 1 – paragraph 1 – point 1 – point c a (new)
Regulation (EU) No 806/2014
Article 3 – paragraph 1 – point 55 a (new)
Article 3 – paragraph 1 – point 55 a (new)
Amendment 131 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU) No 806/2014
Article 8 – paragraph 10 – subparagraph 3
Article 8 – paragraph 10 – subparagraph 3
The identification of the measures to be taken in respect of the subsidiaries referred to in the first subparagraph, point (b), that are not resolution entities may be subject to a simplified approach by the Board, after consulting with the relevant national resolution authority, and if such approach would not negatively affect the resolvability of the group, taking into account the size of the subsidiary, its risk profile, the absence of critical functions and the group resolution strategy.;
Amendment 148 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 806/2014
Article 12da – paragraph 1 – point a
Article 12da – paragraph 1 – point a
(a) the resolution entity’s size, business model, funding model and risk profile, and the depth of the market in which the resolution entity operatability to access the capital markets for eligible liabilities;
Amendment 155 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 806/2014
Article 12da – paragraph 1 – point e a (new)
Article 12da – paragraph 1 – point e a (new)
(ea) whether any contribution by a deposit guarantee scheme is expected to be made pursuant to Article 79.’
Amendment 160 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) No 806/2014
Article 12da – paragraph 2
Article 12da – paragraph 2
Amendment 186 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) No 806/2014
Article 13c – paragraph 4 – introductory part
Article 13c – paragraph 4 – introductory part
4. TAfter having received the notification referred to in paragraph 2, the Board shall have the power to market to potential purchasers, or make arrangements for such marketing, the entity referred to in Article 7(2), or the entity referred to in Article 7(4), point (b), and Article 7(5) where the conditions for the application of those provisions are met or require the entity to do so, for the following purposes:
Amendment 198 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EU) No 806/2014
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) to protect depositors while minimising losses for deposit guarantee schemes, and to protect investors covered by Directive 97/9/EC;;
Amendment 203 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Regulation (EU) No 806/2014
Article 14 – paragraph 2a (new)
Article 14 – paragraph 2a (new)
(17a) in Article 14, the following paragraph 2a is inserted: "2a. Subject to different provisions of this Regulation, the resolution objectives are of equal significance, and resolution authorities shall balance them as appropriate to the nature and circumstances of each case. For the purposes of Article 18(5), the objectives of preserving financial stability and protecting depositors pursuant to points (b) and (d) of paragraph 2, respectively, shall be deemed to be more significant than other resolution objectives.’;
Amendment 209 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) No 806/2014
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Without prejudice to cases where the ECB has decided to exercise directly supervisory tasks relating to credit institutions pursuant to Article 6(5), point (b) of Regulation (EU) No 1024/2013, in the event of receipt of a communication pursuant to paragraph 1 in relationPrior to determining an institution failing or likely to fail, the relevant authority referred to ain entity or group as referred to in Article 7(3), the Board shall communicate its assessment as referred to paragraph 1, fourth subparagraph, to the ECB or the relevant national competent authority withoutthe second subparagraph of Article 18(1) shall examine whether there exist measures, including alternative private sector measures, supervisory action or early intervention measures, which can avoid the failing or likely to fail declayration.
Amendment 213 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
For the purposes of paragraph 1, point (c), a resolution action shall be treated as in the public interest where, pursuant to the second subparagraph of Article 14(3), that resolution action is necessary for the achievement of, and is proportionate to, one or more of the resolution objectives referred to in that Article 14, and where winding up of the institution under normal insolvency proceedings would not meet those resolution objectives more effectively. to the same extent.
Amendment 216 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 1a (new)
Article 18 – paragraph 5 – subparagraph 1a (new)
When carrying out the assessment referred to in the first subparagraph, pursuant to Articles 8(2), 9(2) and 12d(2), the Board, in order to assess the appropriateness of the resolution for the institution, considers the following elements: (a) the prevalence of deposits and the absence of debt instruments in the funding model; (b) the access to the capital markets for eligible liabilities; (c) the extent to which the institution relies on Common Equity Tier 1 capital to meet its capital requirements.
Amendment 222 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Regulation (EU) No 806/2014
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
When carrying out the assessment referred to in the first subparagraph, the Board, based on thepursuant to Articles 8(2), 9(2) and 12d(2), the Board, inf ormation available to it at the time of that assessment, shall consider and compare all extraordinary public financial support that can reasonably be expected to be granted to the entity, both in the event of resolution and inder to assess the appropriateness of the resolution for the institution, considers the following elements: (a) the prevalence of deposits and the absence of debt instruments in the funding model; (b) the access to the capital markets for eligible liabilities; (c) the evxtent of winding up in accordance with the applicable national lawto which the institution relies on Common Equity Tier 1 capital to meet its capital requirements.;
Amendment 242 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 1 – point b
Article 18a – paragraph 2 – subparagraph 1 – point b
(b) the measures are of a precautionary and temporary nature and are based on a pre-defined exit strategy approved by the ECB or the relevant national competent authority, including a clearly specified termination date, sale date or repayment schedule for any of the measures provided;
Amendment 246 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 2
Article 18a – paragraph 2 – subparagraph 2
For the purposes of the first subparagraph, point (a), an entity shall be deemed to be solvent where the ECB or the relevant national competent authority have concluded that no breach has occurred, or is likely to occur in the 12 following months, of any of the requirements referred to in Article 92(1) of Regulation (EU) No 575/2013, Article 104a of Directive 2013/36/EU, Article 11(1) of Regulation (EU) 2019/2033, Article 40 of Directive (EU) 2019/2034 or the relevant applicable requirements under national or Union law.
Amendment 247 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 2 a (new)
Article 18a – paragraph 2 – subparagraph 2 a (new)
The ECB or the relevant national competent authority may deem an entity to be solvent where they determine that a breach of the requirements referred to in the second subparagraph is temporary in nature, taking into account the specific circumstances of each case, and provided that the entity can demonstrate a reasonable plan for the remedy of the breach within an appropriate timeframe, as determined by the ECB or the relevant national competent authority.
Amendment 251 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 5
Article 18a – paragraph 2 – subparagraph 5
Amendment 255 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 – subparagraph 6
Article 18a – paragraph 2 – subparagraph 6
In case any of the support measures referred to in paragraph 1, point (a), is not redeemed, repaid or otherwise terminated in accordance with the terms of the exit strategy established at the time of granting such measure, the ECB or the relevant national competent authority shall conclude that the condition laid down in Article 18(1), point (a), is met in relation to the institution or entity which has received those support measures and shall communicate that assessment to the Commission and to the Board, in accordance with Article 18(1), third subparagraphrequest the institution or entity to submit a remediation plan describing the steps to be taken in order to ensure or restore compliance with supervisory requirements, its long-term viability and to repay the amount provided, as well as the associated timeframe.;
Amendment 256 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Where the ECB or the relevant national competent authority does not recognise the remediation plan as credible or feasible, or where the institution or entity fails to comply with the remediation plan, an assessment of whether the institution or entity is failing or likely to fail shall be conducted in accordance with Article 18.
Amendment 258 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18a – paragraph 2 a (new)
Article 18a – paragraph 2 a (new)
2a. The ECB or the relevant national competent authority shall inform the Board of its assessment whether the conditions referred to in paragraph 2, points (a), (b) and (d), with respect to the entities and groups referred to in Article 7(2), and to the entities and groups referred to in Article 7(4), point (b), and Article 7(5) are met.
Amendment 259 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 806/2014
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2b. By way of derogation from paragraph 2, point (d), the support measures referred to in paragraph 1, point (a) can be used to offset losses that the institution or entity is likely to incur in the near future where an exception to the burden-sharing requirement is made under Union State aid framework.
Amendment 260 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Regulation (EU) No 806/2014
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
Where resolution action involves the granting of State aid pursuant to Article 107(1) TFEU or of Fund aid in accordance with paragraph 3 of this Article, the resolution scheme referred to in Article 18(6) of this Regulation shall not enter into force until such time when the Commission adopts a positive or conditional decision, or a decision not to raise objections, concerning the compatibility of the use of such aid with the internal market, while taking into consideration the need for timely execution of the resolution scheme by the Board. The Commission shall take the decision concerning the compatibility of the use of State aid or of Fund aid with the internal market at the latest when it endorses or objects to the resolution scheme pursuant to Article 18(7), second subparagraph, or when the period of 24 hours referred to in Article 18(7), fifth subparagraph, expires, whichever is earlier. In the absence of such decision within 24 hours from the transmission of the resolution scheme by the Board, the resolution scheme shall be deemed authorised by the Commission and shall enter into force in accordance with Article 18(7), fifth subparagraph.
Amendment 292 #
2023/0111(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) No 806/2014
Article 70 – paragraph 3
Article 70 – paragraph 3
3. The available financial means to be taken into account in order to reach the target level specified in Article 69 may include irrevocable payment commitments which are fully backed by collateral of low-risk assets unencumbered by any third- party rights, at the free disposal of and earmarked for the exclusive use by the Board for the purposes specified in Article 76(1). The share of those irrevocable payment commitments shall not exceed 530 % of the total amount of contributions raised in accordance with this Article. Within that limit, the Board shall determine annually the share of irrevocable payment commitments in the total amount of contributions to be raised in accordance with this Article.;
Amendment 325 #
2023/0111(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
It shall apply from … [OP please insert the date = 1824 months from the date of entry into force of this amending Regulation].
Amendment 50 #
2023/0090(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The objective of this Regulation is to address the risks associated with the circulation of non-road mobile machinery on public roads. Thus, non-road mobile machinery that will not circulate on public roads should be excluded from the scope of this Regulation.
Amendment 61 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Amendment 62 #
2023/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. As regards towed equipment, the manufacturer may choose either to apply for EU type-approval or to comply with the relevant national legislation referred to in point (g) of the first subparagraph.
Amendment 63 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery with a power drive or towed equipment, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform work and with the intent to circulate on public roads, mainly to move from one working place to another;
Amendment 66 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point c
Article 3 – paragraph 1 – point 24 – point c
(c) enginpower drive (internal combustion/hybrid/electric/hybrid- electric),
Amendment 68 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point e
Article 3 – paragraph 1 – point 24 – point e
Amendment 69 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point f
Article 3 – paragraph 1 – point 24 – point f
Amendment 70 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point g
Article 3 – paragraph 1 – point 24 – point g
Amendment 71 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point i
Article 3 – paragraph 1 – point 24 – point i
Amendment 72 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point j
Article 3 – paragraph 1 – point 24 – point j
Amendment 73 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point l
Article 3 – paragraph 1 – point 24 – point l
Amendment 74 #
2023/0090(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 24 – point m
Article 3 – paragraph 1 – point 24 – point m
Amendment 81 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall not, for the aspects covered by this Regulation, prohibit, restrict or impede the making available on the market, registration, entry into service or circulation on public roads of non-road mobile machinery that complies with this Regulation at the time of placing on the market.
Amendment 82 #
2023/0090(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2 a (new)
Article 4 – paragraph 5 – subparagraph 2 a (new)
The Commission in empowered to adopt delegated acts in ccordance with Article 47 concerning detailed rules under which Member States cannot refuse the verification, as specified in Article 19, already carried out by the approval authority of another Member State.
Amendment 100 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed rules on the requirements solely for risks related to road circulation set out in paragraph 1 for the following elements:
Amendment 101 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
Amendment 103 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point j
Article 15 – paragraph 2 – subparagraph 1 – point j
Amendment 105 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point l
Article 15 – paragraph 2 – subparagraph 1 – point l
Amendment 106 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point p
Article 15 – paragraph 2 – subparagraph 1 – point p
(p) masses, including maximum on- roadon-road maximum permissible laden mass;
Amendment 107 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point q
Article 15 – paragraph 2 – subparagraph 1 – point q
Amendment 109 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point w
Article 15 – paragraph 2 – subparagraph 1 – point w
Amendment 110 #
2023/0090(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y
Article 15 – paragraph 2 – subparagraph 1 – point y
Amendment 120 #
2023/0090(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Non-road mobile machinery shall not be made available on the market,, intended for road circulation, shall not be registered or entered into service if registration is not compulsory, unless it is in conformity with this Regulation at the time of placing on the market.
Amendment 125 #
2023/0090(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
However, in the case of the first subparagraph, point (b), the EU type- approval and the relevant EU type- approval certificate shall become, for placing on the market, invalid 1824 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).
Amendment 159 #
2023/0090(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 (new)
Article 53 – paragraph 2 – subparagraph 1 (new)
Amendment 161 #
2023/0090(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
The power of the Commission to adopt delegated acts pursuant to Article 47 shall apply as of [date of entry into force of this regulation.] The Commission shall adopt all the delegated acts referred to in in Article 4 (5), Article 15(2), Article 21(9), Article 22(6) and Article 39 before [24 months from the date of entry into force of this regulation.]
Amendment 67 #
2023/0085(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Within the same context, the healthcare sector should be recognized as a relevant player in reducing the environmental pollution. It would therefore be essential for companies and healthcare professionals and beneficial for patients to establish a proper regulatory framework for using claims relating to biodegradability, sustainability, circularity and origin of the product’s components, both for medicinal products (according to Directive 2001/83) and medical devices (according to Regulations 2017/745).
Amendment 173 #
2023/0085(COD)
Proposal for a directive
Recital 64
Recital 64
(64) When setting penalties and measures for infringements, the Member States should foresee that, based on the gravity of the infringement, the level of fines should effectively deprive the non- compliant trader from the economic benefit derived from using the misleading or unsubstantiated explicit environmental claim or non-compliant environmental labelling scheme, including in cases of repeated infringements. The measures for infringements foreseen by the Member States should therefore also include confiscation of the relevant product from the trader or revenues gained from the transactions affected by this infringement or a temporary exclusions or prohibitions from placing products or making available services on the Union market. The gravity of the infringement should be the leading criterion for the measures taken by the enforcement authorities. The maximum amount of fines should be dissuasive and set at least at the level of 4% of the trader’s total annual turnover in the Member State or Member States concerned in case of widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement measures in accordance with Regulation (EU) 2017/239488 . _________________ 88 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
Amendment 177 #
2023/0085(COD)
(67) Where based on the results of the monitoring and evaluation of this Directive the Commission finds it appropriate to propose a review of this Directive, the feasibility and appropriateness of further provisions on mandating the use of common method for substantiation of explicit environmental claims, the extension of prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the societysafe and improves the sustainability of the product, or further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or environmental impacts should also be considered.
Amendment 187 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices. It does not apply to environmental claims made in business-to-business commercial practices.
Amendment 208 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
Article 1 – paragraph 2 – point o a (new)
(o a) Regulations (EU) 2021/2115, 2021/2116, 2021/2117 of the European Parliament and of the Council, and legislative acts based on these Regulations;
Amendment 216 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o b (new)
Article 1 – paragraph 2 – point o b (new)
(o b) Regulation (EU) 2012/1151 of the European Parliament and of the Council;
Amendment 218 #
2023/0085(COD)
Proposal for a directive
Article 1 – paragraph 2 – point o c (new)
Article 1 – paragraph 2 – point o c (new)
(o c) Directive (EU) 2018/2001 of the European parliament and on the Council on the promotion of the use of energy from renewable sources;
Amendment 538 #
2023/0085(COD)
Proposal for a directive
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders, that apply or are impacted by them or to their representatives, that has reviewed them and ensured their relevance from a societal perspective;
Amendment 619 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request. In order to avoid unproportionate costs and burdens for microenterprises and SMEs, Member States shall put in place an alternative ad-hoc verification scheme.
Amendment 664 #
2023/0085(COD)
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9 a. Member States may set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and may introduce a transitional period during which existing environmental claims, submitted for verification, can still be used.
Amendment 729 #
2023/0085(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 360 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 746 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 748 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
Amendment 749 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 751 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 752 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
Amendment 754 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
Amendment 756 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point f
Article 17 – paragraph 2 – point f
Amendment 757 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 2 – point g
Article 17 – paragraph 2 – point g
Amendment 765 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
Amendment 766 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a
Article 17 – paragraph 3 – subparagraph 1 – point a
Amendment 768 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
Amendment 770 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c
Article 17 – paragraph 3 – subparagraph 1 – point c
Amendment 771 #
2023/0085(COD)
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 786 #
2023/0085(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States shall provide the information referred to in paragraph 1 to the Commission on an biannual basis.
Amendment 795 #
2023/0085(COD)
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing, on the basis of an impact assessment, a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commisssafe and improves the sustainability of the product, in compliance with the relevant Union and national legislations;
Amendment 816 #
2023/0085(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
Amendment 108 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice. In addition to these measures, independent repairers should be granted access to spare parts and related information on a non- discriminatory basis and at a reasonable cost, for a defined period of time. __________________ 16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 152 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including organisations representing SMEs and their standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 200 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Producers shall provide to the repairers all available information necessary to complete the European Repair Information Form.
Amendment 250 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer.
Amendment 258 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts andfor a minimum of 5 years from the placing on the market of the last unit of product, at a reasonable price, on a non- discriminatory basis and with short notice, as well as to repair-related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 302 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and for independent repairers legally framed as SMEs in accordance to Recommendation 2003/361/EC.
Amendment 315 #
2023/0083(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Micro and small and medium enterprises Member States shall take the appropriate measures to support micro and small and medium-sized enterprises within the meaning of Recommendation 2003/361/EC in applying the requirements laid down by this Directive. Such measures shall include at least: (a) guidelines to comply with requirements laid down in this Directive; (b) tailor-made training courses for entrepreneurs and their staff.
Amendment 320 #
2023/0083(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a National measures to promote repair In compliance with State aid rules, Member States shall take the appropriate measures, including those of fiscal nature, to promote the competitiveness of repair services.
Amendment 69 #
2023/0033(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Lead and its inorganic compounds are an indispensable component in the construction and restoration of musical instruments, in particular for pipe organs, recognised by UNESCO as Imtangible Cultural Heritage of Humanity. It can therefore be expected that the musical instrument production and restoration sector will have difficulties in conforming, in the short term, to the biological limit value of 15 µg/100ml blood, together with an occupational exposure limit value of 0.03 mg/m³ expressed as a time-weighted average of eight hours. A five-year transitional period should therefore be introduced for that sector, during which a biological limit value of 40 µg/100ml blood and the occupational exposure limit value of 0.05 mg/m³ expressed as a time- weighted average of eight hours should apply.
Amendment 117 #
2023/0033(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In implementing this Directive, Member States should avoid imposing financial, administrative and legal constraints in a way which would discourage the establishment and development of small and medium-sized enterprises (SMEs) and micro-enterprises. In this connection, the Member States and the competent bodies of the European Union are called on to provide incentives, guidance and advice to SMEs and micro- enterprises to facilitate conformity with this directive. Against this backdrop, the social partners are encouraged to conclude agreements, issue guidelines and take other joint actions that can identify and advance best practices.
Amendment 137 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: “4a. In the case of activities involving exposure to more than one carcinogenic, mutagenic or reprotoxic substance acting by the same mode of action or at the same target cell or tissue, the risk shall be assessed on the basis of the risk presented by all such substances in combination.”
Amendment 161 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 d (new)
Article 18 a – paragraph 7 d (new)
-1. By 31 December 2028, the Commission shall, after consulting the Advisory Committee on Safety and Health at Work, submit a report to the European Parliament and to the Council assessing whether the area of construction and restoration of musical instruments should fall within the scope of this directive. In that report, the Commission shall also list the appropriate limit values applicable to that sector.
Amendment 171 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 – point -1 (new)
Annex II – paragraph 1 – point -1 (new)
Directive 2004/37/EC
Annex I – point 8 a (new)
Annex I – point 8 a (new)
(-1a) in Annex I, the following point is added: “8 a. Work involving exposure to hazardous medicinal products which are medicinal products that contain one or more substances that meet the criteria for classification as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B) or toxic for reproduction (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008.”
Amendment 178 #
2023/0033(COD)
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 2004/37/EC
Annex III – point A – row 31
Annex III – point A – row 31
(1) in Annex III, point A, the row related to inorganic lead and its compounds is replaced by the following: Limit values EC No CAS 8 hours (3) Short-term (4) Transitional Name of agent (1) No (2) Notati 3 3 measures mg/m3 Ppm f/ml mg/m3 ppm f/ml on (5) (6) (7) Inorganic lead and 0.03 its compounds Until 5 years its compounds after entry into force a BLV of 200 µg Pb/L applies. Sites engaged in the processing of lead ores and concentrates (’Primary Lead Producers‘) receive an extra transition time of 3 years to reach the BLV of 150 µg Pb/L blood (1) EC No, i.e. Einecs, ELINCS or NLP, is the official number of the substance within the European Union, as defined in Section 1.1.1.2 in Annex VI, Part 1, to Regulation (EC) No 1272/2008. (2) CAS No: Chemical Abstract Service Registry Number. (3) Measured or calculated in relation to a reference period of eight hours time-weighted average (TWA) (4) Short-term exposure limit (STEL). A limit value above which exposure should not occur and which is related to a 15-minute period unless otherwise specified. (5) mg/m3 = milligrams per cubic metre of air at 20 °C and 101,3 kPa (760 mm mercury pressure) (6) ppm = parts per million by volume in air (ml/m3). (7) f/ml = fibres per millilitre.’;
Amendment 179 #
2023/0033(COD)
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 2004/37/EC
Annex III – point A - row 31
Annex III – point A - row 31
(1) in Annex III, point A, the row related to inorganic lead and its compounds is replaced by the following: Limit values EC No CAS 8 hours (3) Short-term (4) Transitional Name of agent (1) No (2) Notati 3 3 measures mg/m3 Ppm f/ml mg/m3 ppm f/ml on (5) (6) (7) Inorganic lead and 0.03 its compounds Limit value of its compounds 0.05 mg/m³ for the musical instrument construction and restoration sector until 31 December 20 28, provided that the Commission concludes in its report submitted pursuant to Article 18(7d) that the limit value shall apply to that sector. (1) EC No, i.e. Einecs, ELINCS or NLP, is the official number of the substance within the European Union, as defined in Section 1.1.1.2 in Annex VI, Part 1, to Regulation (EC) No 1272/2008. (2) CAS No: Chemical Abstract Service Registry Number. (3) Measured or calculated in relation to a reference period of eight hours time-weighted average (TWA). (4) Short-term exposure limit (STEL). A limit value above which exposure should not occur and which is related to a 15-minute period unless otherwise specified. (5) mg/m3 = milligrams per cubic metre of air at 20 °C and 101,3 kPa (760 mm mercury pressure) (6) ppm = parts per million by volume in air (ml/m3). (7) f/ml = fibres per millilitre.’;
Amendment 180 #
2023/0033(COD)
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 2004/37/EC
Annex III – point A – row 31
Annex III – point A – row 31
(1) in Annex III, point A, the row related to inorganic lead and its compounds is replaced by the following: Limit values EC No CAS 8 hours (3) Short-term (4) Transitional Name of agent (1) No (2) Notati 3 3 measures mg/m3 Ppm f/ml mg/m3 ppm f/ml on (5) (6) (7) Inorganic lead and 0.035 its compounds (1) EC No, i.e. Einecs, ELINCS or NLP, is the official number of the substance within the European Union, as defined in Section 1.1.1.2 in Annex VI, Part 1, to Regulation (EC) No 1272/2008. (2) CAS No: Chemical Abstract Service Registry Number. (3) Measured or calculated in relation to a reference period of eight hours time-weighted average (TWA) (4) Short-term exposure limit (STEL). A limit value above which exposure should not occur and which is related to a 15-minute period unless otherwise specified. (5) mg/m3 = milligrams per cubic metre of air at 20 °C and 101,3 kPa (760 mm mercury pressure) (6) ppm = parts per million by volume in air (ml/m3). (7) f/ml = fibres per millilitre.’;
Amendment 186 #
2023/0033(COD)
Proposal for a directive
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
Limit value of 40 µg/100ml of blood for the musical instrument construction and restoration sector until 31 December 2028, provided that the Commission concludes in its report submitted pursuant to Article 18(7d) that the limit value applies to this sector. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 4 #
2022/2069(REG)
Rule 216 – paragraph 1
1. A committee shall meet when convened by its Chair or at the request of the President. When convening the meeting, the Chair shall submit a draft agendasuch a meeting, the Chair may decide, on a case-by-case basis and with the approval of coordinators representing a majority of the committee members, that the meeting may also be attended remotely, except for votes and committee meetings to be held in camera. Votes shall ordinarily take place on Tuesdays, Wednesdays and Thursdays, except in urgent or exceptional circumstances. When convening the meeting, the Chair shall submit a draft agenda, in which it shall be stated whether the meeting may also be attended remotely. The committee shall take a decision on the agenda at the beginning of the meeting.
Amendment 104 #
2022/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the EU should fairly and fully implement the Basel III reform in a timely mannerwith the necessary transitional periods to avoid negative impacts on the European banking system, and levelling the playing field with other jurisdictions ;
Amendment 129 #
2022/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 170 #
2022/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that since the beginning of 2022, the Common Equity Tier 1 ratio of SSM banks has decreased to 14.96 % and the liquidity coverage ratio has also decreased to 164.36 %5 ; welcomes that the stock of non-performing loans in banks’ balance sheets has continued to decrease; underlines that banks should keep sufficient capital and liquid assets on hana proper calibration between supervisory requests, and temporary targeted regulation relaxation is needed to cope with the economic repercussions of the Russian war; _________________ 5 ECB, ‘Publication of supervisory data’, accessed 15 December 2022.
Amendment 189 #
2022/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 202 #
2022/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 214 #
2022/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 227 #
2022/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the risks stemming from banks’ exposures to the shadow-banking sector; calls on supervisory authorities to carefully monitor financial risks related to shadow banking, and to take action where necessary; underlines the systemic risks resulting from interconnections and complexity, underpinning the ‘too big to fail problem’;
Amendment 231 #
2022/2061(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Calls on supervisors to carefully monitor the professionalism and generational turnover aspects of governance, especially with regard to smaller banks;
Amendment 241 #
2022/2061(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Insists on the advantages deriving from the incentive for a well-supervised local banking systems on the territories of the European Union, with the aim of promoting the credit system through knowledge of the productive fabrics and supporting the needs of SMEs networks;
Amendment 269 #
2022/2061(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to put forward an ambitious and comprehensive review of the crisis management and deposit insurance framework; recalls that protecting taxpayer money is one of the main objectives of the resolution framework; considers it is necessary to have an EU liquidation regime based on an enhanced role of preventive and alternative interventions of deposit guarantee schemes for banks for which the SRB considers that there is no public interest in resolution
Amendment 509 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 119 – paragraph 2
2. Concurrently with the foregoing, and as provided in the Treaties and in accordance with the procedures set out therein, these activities shall include a single currency, the euro, and the definition and conduct of a single monetary policy and exchange-rate policy the primary objective of both of which shall be to maintain price stabilityensure the economic growth, full employment and the social resilience and, without prejudice to thisese objectives, to maintain price stability, to support the general economic policies in the Union, in accordance with the principle of an open market economy with free competition, as well as the stability of the financial system.
Amendment 510 #
2022/2051(INL)
Annex to the motion for a resolution
The financial system is considered stable when banks, other lenders, and financial markets are able to provide citizens, households and businesses with the financing they need to invest, grow, and participate in a well-functioning economy and can do so without making the system more vulnerable.
Amendment 511 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 119 – paragraph 3
3. These activities of the Member States and the Union shall entail compliance with the following guiding principles: the pursuit of economic growth and full employment stable prices, sound public finances and monetary conditions and a sustainable balance of payments.
Amendment 513 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 123 – paragraph 1
1. Overdraft facilities or any other type of credit facility with the European Central Bank orThe European Central Bank promotes the resilience of the financial system and cooperate with the central banks of the Member States (hereinafter referred to as ‘national central banks’) in favour of Union institutions, bodies, offices or agencies, central governments, regional, local directly and through the European system of central banks, to monitor other public authorities, other bodies governed by public law, or public undertakings of Member States shall be prohibited, as shall the purchase directly from them by the European Central Bank or national central banks of debt instruments risks for the financial stability and undertake supervisory and regulatory initiatives to mitigate these risks and the consequences of financial instability.
Amendment 514 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 123 – paragraph 2
Amendment 515 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 124
Amendment 516 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 125 – paragraph 1
1. The Union shall not be liable for or assume the commitments of central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of any Member State, without prejudice to mutual financial guarantees for the joint execution of a specific project. A Member State shall not be liable for or assume the commitments ofEuropean Central Bank may grant, based on prudential considerations and having regard to the macroeconomic and cyclical projections related to the economic trends and to the risks for the price stability, forms of credit facility to Union institutions, bodies, offices or agencies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of another Member States, without prejudice to mutual financial guarantees for the joint executionincluding the direct purchase from them of debt instruments ofr a specific projectssuming their commitments.
Amendment 517 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 125 – paragraph 2
2. The Council, on a proposal from the Commission and after consulting the European Parliament, may, as required, specify definitions for the application of the prohibitionmeasures referred to in Articles 123 and 124 and in this Article.
Amendment 518 #
2022/2051(INL)
Annex to the motion for a resolution
The reference valuesgovernment deficit is taken into account, for the purpose of calculating the ratio of government debt to gross domestic product, net of government investment expenditure. The reference values and the government investment expenditure items eligible for divestiture from the government debt are set by the European Council. The modalities of the procedure are specified in the Protocol on the excessive deficit procedure annexed to the Treaties.
Amendment 519 #
2022/2051(INL)
Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 127 – paragraph 1
1. The primary objectives of the European System of Central Banks (hereinafter referred to as ‘the ESCB’) shall be to maintain price stability. Without prejudice to the objective ofhe pursuit of economic growth, full employment and to maintain price stability, t. The ESCB shall support the general economic policies in the Union with a view to contributing to the achievement of the objectives of the Union as laid down in Article 3 of the Treaty on European Union. The ESCB shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 119.
Amendment 563 #
2022/2051(INL)
Annex to the motion for a resolution Protocol No.12 on the excessive deficit procedure – Article 1
Amendment 121 #
2022/2026(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to implement good practices to de- institutionalise the mental health sector and encourage respect for all persons with disabilities, including children, to strengthen the transition from institutional care to services that provide support to the community, and to promote and guarantee funding for accessible and inclusive social housing for those with disabilities, including older people with disabilities;
Amendment 175 #
2022/2026(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the acceleration in the use of information and communication technologies and remote working as a result of the COVID-19 pandemic has created new forms of inclusion/exclusion in the labour market, improving opportunities for work for some but increasing the risk of exclusion for others; calls, therefore, for attention to be paid to the opportunities and, above all, the risks created by remote ways of working and ICT-based mobile working for persons with disabilities, and the digital divide;
Amendment 179 #
2022/2026(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers it vital for data to be collected on disabilities at EU level using a human rights-based approach, including employment, education and vocational training, disaggregated by sex, age and type of disability, as these have to date been excluded from the statistics;
Amendment 191 #
2022/2026(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to set targets for the participation of adults with disabilities in learning with a view to increasing their participation and ensuring that national skills strategies cover the specific needs of persons with disabilities, adopting targeted measures and flexible training formats to provide educational and vocational training programmes that are inclusive and accessible for persons with disabilities and to further support cooperation between the relevant social economy stakeholders, the identification of digital skills requirements and the application of assistive technologies for better employability;
Amendment 204 #
2022/2026(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on Member States to boost the capacities of services for the employment of persons with disabilities and to improve work with the social partners and organisations of persons with disabilities to that end and to facilitate self-employment and entrepreneurship, including for persons with intellectual and psycho-social disabilities, providing support on legal and commercial issues, including through the use of EU funds;
Amendment 214 #
2022/2026(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on Member States to define measures to further tackle gaps in social protection for persons with disabilities to reduce inequalities, including by compensating extra costs linked to disability and eligibility for disability benefits.
Amendment 223 #
2022/2026(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Considers it necessary to reduce the red tape that complicates the lives of persons with disabilities and their family members, by simplifying access to services and encouraging the recognition and certification of disability status;
Amendment 228 #
2022/2026(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Notes that there is no mutual recognition of disability status between EU Member States; calls, therefore, on the Commission and Member States to extend the usage of the EU Disability Card to all the Member States and to widen its scope, allowing it to be used for the recognition of disability status and to access services throughout the EU;
Amendment 31 #
2022/2014(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; 3a; _________________ 3a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021.
Amendment 45 #
2022/2014(INI)
Motion for a resolution
Recital E
Recital E
E. whereas spending excessive amounts of time playing online video games, in the absence of appropriate safeguards, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues as well as mechanisms that can be reminiscent of electronic forms of gambling, in particular with regard to minors;
Amendment 55 #
2022/2014(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas monetized video games may have very few consumer protection guarantees, which could pose financial risks for users and, in the case of minors, parents and those legally responsible for their actions;
Amendment 56 #
2022/2014(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the control and verification tools set up for accessing online video games may lack efficiency, particularly when it comes to verifying with absolute certainty players’ age;
Amendment 68 #
2022/2014(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, with regard to the psychosocial effects of certain reward mechanisms, children are more at risk to develop habits in response to certain stimuli;
Amendment 70 #
2022/2014(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the European video games industry represented a market size of EUR 23.3 billion in 2020 and is still growing8a; whereas, since 2015, digital revenues have increased threefold and account for more than half of European market revenues; _________________ 8a ISFE, Europe’s Video Games Industry, ISFE-EGDF Key Facts, 2021
Amendment 73 #
2022/2014(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the industry has historically generated revenue from the sale of video games but has been rapidly shifting to purely digital services sold through online storefronts, leading the grounds for new and complex business models; whereas one of the currently predominant business models is represented by in-game purchases that unlock digital content in the video game environment;
Amendment 77 #
2022/2014(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the video games industry represents an important and rapidly growing segment of the creativity sector in Europe, which has historically lagged behind in the emergence of 'European champions' within the global digital sector;
Amendment 92 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers;
Amendment 104 #
2022/2014(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other thingsstresses that instructions for effective use of parental control should be made user-friendly, accessible and clear;
Amendment 108 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxesbuy in-game currencies and to obtain randomized rewards through loot boxes; stresses that the use of in-game currencies constitutes an additional transaction layer that abstracts the real-world cost of the virtual item;
Amendment 115 #
2022/2014(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Observes that generally the ownership of in-game currencies does not guarantee the right of refund nor the right of withdrawal for consumers, notably given the complicated licensing agreements through which video games companies often grant themselves the power to unilaterally change contractual clauses;
Amendment 145 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; observes in particular that clear information shall be provided to consumers in advertising materials on what to expect from in-game purchases and how they affect gameplay;
Amendment 153 #
2022/2014(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that in cases where algorithmic decision-making is employed in video games, particularly when it aims at influencing user behaviour, consumers shall be explicitly informed;
Amendment 171 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that, when adopting regulatory action, the Commission shall prioritize banning misleading designs, increasing minors protection and ensuring transactional transparency for in-game purchasing systems;
Amendment 174 #
2022/2014(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that regulatory action shall provide a good balance between consumer protection and the development of strategic business models; underlines that although consumer protection is a shared competence, the video games sector requires cross-border protection because of its intrinsic nature;
Amendment 193 #
2022/2014(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that children are less able to disentangle costs when presented with virtual currencies and may have problems understanding and taking probabilities into account particularly when it comes to randomized rewards;
Amendment 215 #
2022/2014(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the importance of creating enforceable accessibility standards for consumers affected by disabilities, in particular when minors;
Amendment 250 #
2022/2014(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to take advantage of the fitness check to be conducted on digital fairness, as part of the New Consumer Agenda2020, to assess key concepts relevant for the protection of consumer in online video games as vulnerability, deceptive design and monetisation techniques;
Amendment 64 #
2022/2006(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European economy is recovering faster than expected from the devastating impact of the global pandemic, although uncertainties remain; underlines the crucial importance that timely policy interventions have played and will continue to play in mitigating the impact of the pandemic on the European economy;
Amendment 75 #
2022/2006(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about emerging new variants, the impact on prices of the European Commission’s Green Deal, localised pandemic lockdowns, increased energy prices, inflationary pressure, supply-side disruptions and emerging labour shortages; notes that these risks could hamper economic growth prospects in the coming months and delay the transition to a more sustainable and future-proof economy;
Amendment 134 #
2022/2006(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is convinced that the coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, is projected to remain supportive in 2022 to sustain the recovery; agrees with the Commission that Member States with low or medium levels of debt should pursue or maintain a supportive fiscal stance, and that Member States with high levels of debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy; agrees with the Commission that all Member States should preserve or broadly preserve their national financed investment;
Amendment 186 #
2022/2006(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights that the RRF presents an unprecedented and uniqueimpact of the RRF on investment will be marginal compared to the contribution of national expenditure, although it presents an opportunity for all Member States to address part of the key structural challenges and investment needs and insists that all recovery and resilience plans address all requirements of the RRF Regulation, in particular the six pillars; highlights the interplay between the European Semester and the RRF; calls on the Member States to make the most of this opportunity and to use it to transform their economies and make them sustainable, more competitive and more resilient to future shocks; highlights the role of the European Parliament in the implementation of the RRF, as enshrined in the RRF Regulation;
Amendment 217 #
2022/2006(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that many Member States are having to contend with old and new structural challenges that are hindering their growth potential; highlights, therefore, that tackling structural challenges is crucial for a sustainable recovery and continued growth; takes the view that implementing reforms economically and socially sustainable to address old and new structural vulnerabilities is key not only to improving the ability to withstand and cope with existing challenges, but also to accomplishing the twin transitions in a sustainable, fair and inclusive manner and to reducing social inequalities; points to the lack of national ownership as one of the main weaknesses in enacting reforms aimed at addressing structural deficiencies;
Amendment 225 #
2022/2006(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is concerned that the Commission identified macroeconomic vulnerabilities related to imbalances and excessive imbalances in 12 Member States; is worried that the nature and source of Member States’ imbalances remain largely the same as before the pandemic, as many mistakes were made in the management of the severe financial crisis, and that the pandemic could also be exacerbating imbalances and economic divergences; calls on the Member States to preserve national investments, which has been and will be the main tools for recovery, and to take advantage of the unprecedented opportunity provided by the RRF to significantly reduce existing macroeconomic imbalances, in particular by including ambitious reform measures economically and socially sustainable in the national plans of all Member States; stresses that sound execution is essential to make full use of this opportunity;
Amendment 241 #
2022/2006(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the importance of the macroeconomic imbalance procedure in identifying, preventing and addressing macroeconomic imbalances in the EU; highlights that excessive current account surpluses in the balance of payments have not been adequately addressed in the past, that continuous monitoring and vigilance will be needed and that Member States should address emerging imbalances through reforms, economically and socially sustainable, that enhance economic and social resilience and promote the digital transformation and green and just transitions;
Amendment 153 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i
Article 1 – paragraph 1 – point 1 – point b – point i
Regulation (EU) 2017/1129
Article 1 – paragraph 4 – point da
Article 1 – paragraph 4 – point da
(da) an offer of securities to be admitted to trading on a regulated market or an SME growth market and that are fungible with securities already admitted to trading on the same market, provided that they represent, over a period of 12 months, less than 430 % of the number of securities already admitted to trading on the same market;
Amendment 155 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point iv
Article 1 – paragraph 1 – point 1 – point b – point iv
Regulation (EU) 2017/1129
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
The document referred to in point (db)(iii) shall have a maximum length of 10 sides of A4-sized paper when printed, shall be presented and laid out in a way that is easy to read, using characters of readable size and shall be drawn up in the official language of the home Member State, or at least one of its official languages, or in another language accepted by the competent authority of that Member State. Additional information requested in point (iii) shall not take in account for the maximum length referred to this paragraph.
Amendment 158 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c – point i – point 1
Article 1 – paragraph 1 – point 1 – point c – point i – point 1
Regulation (EU) 2017/1129
Article 1 – paragraph 5 – subparagraph 1 – point a
Article 1 – paragraph 5 – subparagraph 1 – point a
(a) securities fungible with securities already admitted to trading on the same regulated market, provided that they represent, over a period of 12 months, less than 430 % of the number of securities already admitted to trading on the same regulated market;
Amendment 161 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c – point i – point 1
Article 1 – paragraph 1 – point 1 – point c – point i – point 1
Regulation (EU) 2017/1129
Article 1 – paragraph 5 – subparagraph 1 – point b
Article 1 – paragraph 5 – subparagraph 1 – point b
(b) shares resulting from the conversion or exchange of other securities or from the exercise of the rights conferred by other securities, where the resulting shares are of the same class as the shares already admitted to trading on the same regulated market, provided that the resulting shares represent, over a period of 12 months, less than 40 30% of the number of shares of the same class already admitted to trading on the same regulated market, subject to the third subparagraph;;
Amendment 163 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c – point i – point 2
Article 1 – paragraph 1 – point 1 – point c – point i – point 2
Regulation (EU) 2017/1129
Article 1 – paragraph 5 – subparagraph 1 –point ba
Article 1 – paragraph 5 – subparagraph 1 –point ba
(iii) a document containing the information set out in Annex IX integrated with the information requested in the Annex IV and other additional information the issuer considers needed for the investors to reach an informed investment decision, is filed with the competent authority of the home Member State and made available to the public in accordance with the arrangements set out in Article 21(2).
Amendment 175 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 3 – paragraph 2 – subparagraph 4 (new)
Article 3 – paragraph 2 – subparagraph 4 (new)
ESMA shall, within six months of the entry into force of this regulation, develop guidelines on appropriate disclosure requirements as referred to in the third subparagraph to be considered by Member States to ensure a high-level harmonised framework is maintained.
Amendment 182 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation 2017/1129
Article 6 – paragraph 4
Article 6 – paragraph 4
4. A prospectus that relates to shares or other transferrable securities equivalent to shares in companies shall be of maximum length of 30250 sides of A4-sized paper when printed and shall be presented and laid out in a way that is easy to read, using characters of readable size.
Amendment 199 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a – point i
Article 1 – paragraph 1 – point 10 – point a – point i
Regulation 2017/1129
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
The Commission shall adopt delegated acts in accordance with Article 44 to supplement this Regulation regarding the standardised format and standardised sequence of the prospectus, the base prospectus and the final terms, and the schedules defining the specific information to be included in a prospectus, including LEIs and ISINs, avoiding duplication of information when a prospectus is composed of separate documents. Moreover, the delegated acts shall provide rules for a different information sequence and for a higher maximum length, as referred in Article 6, respectively in paragraph 2 and 4, in relation to prospectuses for admission to trading on a regulated market when securities of the same class are simultaneously offered for subscription or privately placed.;
Amendment 208 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation 2017/1129
Article 14b – paragraph 5
Article 14b – paragraph 5
5. An EU Follow-on prospectus that relates to shares or other transferable securities equivalent to shares in companies shall be of maximum length of 750 sides of A4-sized paper when printed and shall be presented and laid out in a way that is easy to read, using characters of readable size.
Amendment 214 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
5. An EU Growth issuance document that relates to shares or other transferable securities equivalent to shares in companies shall be of maximum length of 75100 sides of A4-sized paper when printed and shall be presented and laid out in a way that is easy to read, using characters of readable size.
Amendment 224 #
2022/0411(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b a (new)
Article 1 – paragraph 1 – point 17 – point b a (new)
Regulation 2017/1129
Article 19 – paragraph 4a (new)
Article 19 – paragraph 4a (new)
(b a) the following paragraph is added: “4a. The Commission is empowered to adopt delegated acts in accordance with Article 44 to supplement this Regulation regarding the inclusion of the information referred in paragraph 1 in the prospectuses for admission to trading on a regulated market when securities of the same class are simultaneously offered for subscription or privately placed."
Amendment 261 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EU) No 596/2014
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 270 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
Regulation (EU) No 596/2014
Article 18 – paragraph 1a and 1b
Article 18 – paragraph 1a and 1b
Amendment 278 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point d
Article 2 – paragraph 1 – point 6 – point d
Regulation (EU) No 596/2014
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 281 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point e
Article 2 – paragraph 1 – point 6 – point e
Regulation (EU) No 596/2014
Article 18 – paragraph 9 – subparagraph 1
Article 18 – paragraph 9 – subparagraph 1
ESMA shall review the implementing technical standards on the alleviated format of the insider lists for issuers admitted to trading on SME growth markets to extend the use of such a format to all insider lists referred to in paragraphs 1, 1a and 1b and also to review the data fields required.
Amendment 288 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
Regulation (EU) No 596/2014
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Paragraph 1 shall apply to any subsequent transaction once a total amount of EUR 20 000 has been reached within a calendar year. The threshold of EUR 20 000 shall be calculated by adding without netting all transactions referred to in paragraph 1. Once the threshold on the same securities has been reached, the calculation of the threshold shall restart from zero, and any subsequent transactions shall be summed up until a new threshold has been reached.
Amendment 295 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – Title
Article 25a – Title
Article 25a Mechanism to exchange order bookand quote data
Amendment 298 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – paragraph 1 – subparagraph 1
Article 25a – paragraph 1 – subparagraph 1
1. Competent authorities supervising trading venues and systematic internalisers trading financial instruments with a significant cross- border dimension shall, by [12 months from the date of entry into force of this Regulation], set up a mechanism to permit ongoing and timely exchange of order bookand quote data referred to in paragraph 2 and collected from those tradingexecution venues in accordance with Article 25 of Regulation (EU) No 600/2014 with respect to the instruments traded in such market. Competent authorities may delegate the set-up of the mechanism to ESMA.
Amendment 301 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – paragraph 2
Article 25a – paragraph 2
2. A competent authority may obtain order bookand quote data originating from a trading venue that has a cross-border dimension when that competent authority is the competent authority of the most relevant market referred to in Article 26 of Regulation (EU) No 600/2014 for the following financial instruments:
Amendment 304 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – paragraph 3 – subparagraph 1
Article 25a – paragraph 3 – subparagraph 1
3. A Member State may decide that its competent authority participates in the mechanism set up pursuant to paragraph 1 even if none of the trading venues under the supervision of such competent authority has a significant cross-border dimension. Such decision shall be communicated to ESMA which shall make it public on its website.
Amendment 305 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – paragraph 3 – subparagraph 2
Article 25a – paragraph 3 – subparagraph 2
When a competent authority is not part of the mechanism set up pursuant to paragraph 1, it shall still comply with a request of exchange of ongoing order bookand quote data pursuant to Article 25 in a timely manner and not later than 5 calendar days from the date of the request.
Amendment 307 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – paragraph 5
Article 25a – paragraph 5
5. The Commission is empowered to adopt delegated acts to establish a list of designated trading venues that have a significant cross-border dimension in the supervision of market abuse, by taking into account at least the market share of the trading venues on the instruments. The Commission shall review such list at least every 4 years.
Amendment 312 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 – point a – point i a (new)
Article 2 – paragraph 1 – point 13 – point a – point i a (new)
Regulation (EU) No 596/2014
Article 30 – paragraph 2– point i
Article 30 – paragraph 2– point i
(i a) the point (i) is amended as follows: a) point (iii) is replaced by the following: "iii) for infringements of Articles 18, 19 and 20, EUR 500 000 or in the Member States whose currency is not the euro, the corresponding value in the national currency on 2 July 2014; and " b) the following point (iv) is added: "iv) for infringements of Articles 17(4) and 18, EUR 25 000 or in the Member States whose currency is not the euro, the corresponding value in the national currency on 2 July 2014;"
Amendment 315 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 – point a – point ii
Article 2 – paragraph 1 – point 13 – point a – point ii
Regulation (EU) No 596/2014
Article 30 – paragraph 2 – point j – point iii a (new)
Article 30 – paragraph 2 – point j – point iii a (new)
(iii a) for infringements of Articles 17 (4) and 18 EUR 50 000 or, where the legal person is an SME, EUR 25 000 or in the Member States whose currency is not the euro, the corresponding value in the national currency on 2 July 2014;
Amendment 317 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 – point a – point ii
Article 2 – paragraph 1 – point 13 – point a – point ii
Regulation 2017/1129
Article 30 – paragraph 2 – point j – point iv
Article 30 – paragraph 2 – point j – point iv
(iv) for infringements of Articles 18 and 19, 0,8 % of its total annual turnover according to the last available accounts approved by the management body. Instead of the minimum amount based on the total annual turnover, competent authorities may exceptionally impose administrative sanctions of at least EUR 1 000 000, or where the legal person is an SME, EUR 400 000, or in the Member States whose currency is not the euro, the corresponding values in the national currency on 2 July 2014 if they deem that the amount for the administrative sanction based on the total annual turnover would be disproportionately low with respect to the circumstances referred to in Article 31(1), points (a), (b), (d), (e), (f), (g) and (h);
Amendment 320 #
2022/0411(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 – point a – point ii a (new)
Article 2 – paragraph 1 – point 13 – point a – point ii a (new)
Regulation (EU) No 596/2014
Article 30 – paragraph 2– point j
Article 30 – paragraph 2– point j
(ii a) the point (j) is amended as followed: i) point iii is replaced by the following: "iii) for infringements of Articles 18, 19 and 20, EUR 1500 000 or in the Member States whose currency is not the euro, the corresponding value in the national currency on 2 July 2014; and" ii) the following point (iv) is added: "(iv) for infringements of Articles 17(4) and 18, EUR 25 000 or in the Member States whose currency is not the euro, the corresponding value in the national currency on 2 July 2014.;"
Amendment 324 #
2022/0411(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
Regulation (EU) 600/2014
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
(1 a) the following paragraph is added: 2 a. The above paragraph shall also apply to systematic internalisers in respect of quote data.
Amendment 326 #
2022/0411(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
Regulation (EU) 600/2014
Article 25 – paragraph 3
Article 25 – paragraph 3
Following consulting with relevant stakeholders, ESMA shall develop draft regulatory technical standards to specify the details and formats of the relevant order data required to be maintained under paragraph 2 of this Article that is not referred to in Article 26.
Amendment 335 #
2022/0411(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 157 #
2022/0407(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
(5a) In Article 194, the following paragraph 1a is inserted after paragraph 1: 'Electronic platforms on which mobile electronic devices are sold are jointly and severally liable with the supplier for the collection and payment of value added tax.'
Amendment 209 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
Directive 2006/112/EC
Article 222 – paragraph 1
Article 222 – paragraph 1
‘For supplies of goods carried out in accordance with the conditions specified in Article 138 or for supplies of goods or services for which VAT is payable by the customer pursuant to Articles 194 and 196, an invoice shall be issued no later than 12 working days following the chargeable event.’;
Amendment 210 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
Amendment 214 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 6 – introductory part
Article 4 – paragraph 1 – point 6 – introductory part
(6) In Article 226, the following points (16), (17) and (18) are is added:
Amendment 215 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
Directive 2006/112/EC
Article 226 – paragraph 1 – point 17
Article 226 – paragraph 1 – point 17
Amendment 218 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
Directive 2006/112/EC
Article 226 – paragraph 1 – point 18
Article 226 – paragraph 1 – point 18
Amendment 220 #
2022/0407(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
The data referred to in Article 262(1) shall be transmitted for each individual transaction carried out by the taxable person no later than 12 working days after issuing the invoice, or after the date the invoice had to be issued where the taxable person does not comply with the obligation to issue an invoice. The data shall be transmitted by the taxable person or by a third party on that taxable person’s behalf. Member States shall provide for the electronic means for submitting such data.
Amendment 100 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure fair and non-discriminatory treatment of shareholders, as well asthat in companies that have adopted a multiple- vote share structure in accordance with this Directive, appropriate safeguards are in place to provide for adequate protection of the interests of the shareholders who do not hold multiple-vote shares and of the company through appropriate safeguards. To that effect, Member States shall do all of the following:
Amendment 102 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a – subparagraph 1
Article 5 – paragraph 1 – point a – subparagraph 1
(a) ensure that a company’s decision to adoptmodify a multiple- - vote share structure and any subsequent decision to modify a multiple- vote share structurein a way that affects the voting rights areof shares, is taken by the general shareholders’ meeting of that company and are approved bymeeting by at least a qualified majority as specified in national law.
Amendment 104 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a – subparagraph 2
Article 5 – paragraph 1 – point a – subparagraph 2
For the purposes of this point, where there are several classes of shares, such decisions shall also be subject to a separate vote forin each class of shareholders whosthe rights of which are affected;. Member States shall also ensure that the multi-vote structure can vary at least in a ratio of one to ten.
Amendment 109 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) limit the voting weight ofimpact of the multiple- vote shares on the exercise of other shareholders’ rights, in particular duringdecision-making process at the general meetings, by introducing eitherat least one of the following:
Amendment 115 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i
Article 5 – paragraph 1 – point b – point i
(i) a maximum weighted voting ratio and a requirement on the maximum percentage of the outstanding share capital that tratio of the number of votes rights attached total amount of multiple- vote shares can representto the votes rights attached to shares with the least voting rights;
Amendment 128 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point ii
Article 5 – paragraph 1 – point b – point ii
(ii) a restriction on the exercise of the enhanced voting rights attached to multiple-vote shares for voting on matters to be decided at the general meeting of shareholders and that require the approval by a qualified majority. quirement that decisions by the general meeting subject to qualified majority, excluding appointment and dismissal of directors as well as operational decisions to be taken by directors and that are submitted to the general meeting for approval, are to be adopted by: - a qualified majority, as specified in national law, of the votes cast at the meeting; or - a qualified majority, as specified in national law, of the votes cast, and are subject to a separate vote in each class of shares the rights of which are affected.
Amendment 135 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member Sstates may provide for further safeguards to ensure adequate protection of shareholders and of the interests of the company. Those safeguards may include in particular:shareholders who do not hold multiple-vote shares.
Amendment 144 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 151 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 158 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
Amendment 162 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 229 #
2022/0396(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Council underlined in its Conclusions of December 202038, that the revision of Directive 94/62/EC should update and establish more concrete, effective and easy to implement provisions to facilitate sustainable packaging in the internal market and minimise the complexity of packaging in order to foster economically feasible solutions, to improve the reusability and recyclability as well as minimise substances of concern in packaging materials, especially concerning food packaging materials, and to provide for labelling packaging in an easily understandable way to inform consumers about its recyclability and where its waste should be discarded to facilitate sorting and recycling. At the same time it noted that hygiene and food safety standards have to be respected. _________________ 38 https://data.consilium.europa.eu/doc/docu ment/ST-13852-2020-INIT/en/pdf
Amendment 232 #
2022/0396(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The European Parliament’s Resolution of 10 February 2021 on the New Circular Economy Action Plan39reiterated the objective of making all packaging reusable or recyclable in an economically viable way by 2030 and called on the Commission to present a legislative proposal including waste reduction measures and targets and ambitious essential requirements in the Packaging and Packaging Waste Directive to reduce excessive packaging, including in e-commerce, improve recyclability and minimise the complexity of packaging, increase recycled content, phase out hazardous and harmful substances, and promote re-use. In addition, it stressed that food safety or hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 240 #
2022/0396(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) An item, which is an integral part of a product and is necessary to contain, support or preserve that product throughout its lifetime and where all elements are intended to be used, consumed or disposed of together, should not be considered as being packaging given that its functionality is intrinsically linked to it being part of the product. However, in light of the disposal behaviour of consumers regarding tea and coffee bags as well as coffee or tea system single-serve units, which in practice are disposed of together with the product residue leading to the contamination of compostable and recycling streams, those specific items should be treated as packaging. This is in line with the objective to increase the separate collection of bio-waste, as required by Article 22 of Directive 2008/98/EC of the European Parliament and of the Council41. Furthermore, to ensure coherence regarding end-of-life financial and operational obligations, also all coffee or tea system single-serve units necessary to contain coffee or tea should be treated as packaging. _________________ 41 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 247 #
2022/0396(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In line with the waste hierarchy set out in Article 4(21) of Directive 2008/98/EC, and with the requirement set in paragraph 2 of Article 4 of the same Directive, which foresees that specific waste streams may depart from the hierarchy where this is in line with life- cycle thinking to deliver the best overall environmental outcome, the measures provided for under this Regulation aim at reducing the amount of packaging placed on the market in terms of its volume and weight, and preventing the generation of packaging waste, especially through packaging minimisation, avoiding packaging where it is not needed, and increased re-use of packagingand recycling of packaging while delivering the best environmental outcome. In addition, the measures aim at increasing the use of recycled content in packaging, especially in plastic packaging where the uptake of recycled content is very low, as well as higher recycling rates for all packaging and high quality of the resulting secondary raw materials while reducing other forms of recovery and final disposal.
Amendment 254 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 276 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 290 #
2022/0396(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging, while ensuring marketing and consumer acceptance. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging ensuring marketing and consumer acceptance, it is important to set mandatory requirements regarding the recyclability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable or reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
Amendment 299 #
2022/0396(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As design for recycling assessment in itself does not ensure that packaging is recycled in practice, it is necessary to establish a uniform methodology and criteria for assessing the recyclability of packaging in practice based on the state-of- the-art separate collection, sorting and recycling processes and infrastructure actually available in the Union. Related reporting from Member States and, where relevant, economic operators should support establishing the recyclability “at scale” thresholds and update, on this basis, the recyclability performance grades with respect to the specific packaging materials and categories. , preserving the added value conveyed to the final consumer with the packaging.
Amendment 303 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 305 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 306 #
2022/0396(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to establish harmonised rules on packaging design to ensure its recyclability while ensuring packaging performs all its functions and ensuring marketing and consumer acceptance, the power to adopt delegated acts should be delegated to the Commission to set out detailed criteria for packaging design for recycling per packaging materials and categories, as well as for the assessment of the packaging recyclability at scale including for categories of packaging not listed in this Regulation. In order to give economic operators and Member States sufficient time to collect and report the necessary data to establish the “at scale” recycling methodology, the manufacturers should ensure that packaging is recycled at scale as of 2035. That should ensure that packaging complies with the design for recycling criteria, and is also recycled in practice on the basis of the state of the art processes for separate collection, sorting and recycling.
Amendment 308 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging:
Amendment 309 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets shall be calculated as an average of the plastic packaging placed by a producer on the Union market.
Amendment 313 #
2022/0396(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to stimulate innovation in packaging, it is appropriate to allow that packaging, which presents innovative features resulting in significant improvement in the core function of packaging and has demonstrable environmental benefits, is given limited additional time of five years to comply withexempt from the recyclability requirements. The innovative features should be explained in the technical documentation accompanying the packaging.
Amendment 316 #
2022/0396(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to protect human and animal health and safety, due to the nature of the packaged products and the related requirements, it is appropriate that the recyclability requirements should not apply to immediate packaging as defined in Article 1 of Directive 2001/83/EC of the European Parliament and of the Council50and in Article 4(25) of Regulation (EU) 2019/6 of the European Parliament and of the Council51, which are in direct contact with the medicinal product, as well as contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council52andof in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 of the European Parliament and of the Council53.These exemptions should apply until 1 January 2035and contact sensitive packaging for foods covered by Regulation (EC) No 1935/2004 and Regulation (EU) No 609/2013. _________________ 50 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 51 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43). 52 Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1). 53 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
Amendment 332 #
2022/0396(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure a high level of human and animal health protection in accordance with requirements in Union legislation and to avoid any risk to the security of supply and to the safety of medicines and medical devices safety, it is appropriate to provide for the exclusion from the obligation of a minimum recycled content in plastic packaging for immediate packaging as defined in Article 1, point 23, of Directive 2001/83/EC and in Article 4, point 25, of Regulation (EU) 2019/6, as well as for contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745 and for contact sensitive packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746 and of contact sensitive packaging for foods covered by Regulation (EC) No 1935/2004 and Regulation (EU) No 609/2013. This exclusion should also apply to outer packaging of human and veterinary medicinal products as defined in Article 1, point 24, of Directive 2001/83/EC and in Article 4, point 26, of Regulation (EU) 2019/6 in cases where it has to comply with specific requirements to preserve the quality of the medicinal product.
Amendment 336 #
2022/0396(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In order to prevent barriers to the internal market and ensure the efficient implementation of the obligations, economic operators should ensure that the plastic part of each unit of packaging contains a certain minimum percentage of recycled content recovered from post- consumer plastic waste calculated as an average of the plastic packaging placed by a producer on the Union market. This provision should not apply to food or feed contact plastic packaging in those cases when the recycled content risks affecting human and animal health and/or compromising the organoleptic characteristics of products.
Amendment 368 #
2022/0396(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The bio-waste waste stream is oftencould be contaminated with conventional plastics and the material recycling streams are oftencould be contaminated with compostable plastics. This cross-contamination could leads to waste of traditional and compostable resources, lower quality secondary raw materials and should be prevented at source. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified andTherefore, it is necessary to lay down clear and common rules on the use of compostableand disposal of plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-wastelabeled as compostable, including the possibility to mandating applications. This is particularly the case when the use of compostable packaging helps collect or recycle of bio-waste. All plastic packaging labeled as compostable shouldn’t go into material recycling.
Amendment 373 #
2022/0396(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit of using compostable packagingThere is a demonstrable environmental benefit of using compostable packaging for specific packaging applications (e.g., those strictly linked to food and food waste), which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where appropriate waste collection schemes and waste treatment infrastructures are available in a Member State as required by Article 22 of Directive 2008/98, there should be a limited flexibility in deciding whether to mandate the use of compostable plastics for lightweight plastic carrier bags on its territory. In order to avoid consumer confusion about the correct disposal and considering the environmental benefit of circularity of the carbon, all other plastic packaging not labeled as compostable should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.
Amendment 377 #
2022/0396(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 381 #
2022/0396(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to facilitate conformity assessment with requirements on compostable packaging, it is necessary to provide for presumption of conformity for compostable packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council56for the purpose of expressing detailed technical specifications of those requirements and take into account, in line with the latest scientific and technological developments, the parameters, including compostquality of the output, proper processingtimes and admissible levels of contamination, which reflect the actual conditions in bio- waste treatment facilities, including anaerobic digestion processes. _________________ 56 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council Text with EEA relevance (OJ L 316, 14.11.2012, p. 12).
Amendment 385 #
2022/0396(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 388 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed, where relevant for a given shape, so as to minimise its volume and weight while maintaining its ability to perform the packaging functions, including those referred to in Article 3 (1). The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging designpresentation,design and differentiation functionality, they should not be part ofthe mainperformance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product or packagingspecifications for craft and industrial products and food , beveragesand agricultural products that are registered aundprotected under theEU geographical indication protection schemeer or otherwiseprotected by Union intellectual property law orEU geographical indication protection schemes, including third country geographical indication/products that have been given distinctive recognition by the Union, as part of the Union’s objective to protect intellectual property,cultural heritage and traditional know- how.Traditional packaging associated with products that have been given distinctive recognition or are subject to geographical indications of origin protection shall nevertheless look to reduce packaging weight to the lowest weight possible whilst protecting the shape of the packaging in line with the overall ambitions of this proposal. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. _________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
Amendment 409 #
2022/0396(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is necessary to inform consumers and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro- enterprises and SMEs.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to inform end-users about reusability, availability of systems for re- use and location of collection points as regards reusable packaging, such packaging should bear a QR code or other data carrier that provides such information. The QR code should also facilitate tracking and the calculation of trips and rotations. In addition, reusable sales packaging should be clearly identified at the point of sale. To this end, the Commission and the Member States should provide incentives, including economic ones, especially to micro-enterprises and SMEs.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 436 #
2022/0396(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 460 #
2022/0396(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In order to reduce the increasing proportion of packaging that is single use and the growing amounts of packaging waste generated, it is necessary to establish quantitative re-use and refill targets on packaging in sectors, which have been assessed as having the greatest potential for packaging waste reduction, namely food and beverages for take-away, large- white goods and some transport packaging. This was appraised based on factors such as existing systems for re-use, necessity of using packaging and the possibility of fulfilling the functional requirements in terms of containment, tidiness, health, hygiene and safety. Differences of the products and their production and distribution systems, were also taken into account. The setting of the targets is expected to support the innovation and increase the proportion of re-use and refill solutions. The use ofIn accordance with Article 4(2) of Directive 2008/98/EC, restriction shall not apply for single -use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be alloweddelivering a better overall environmental outcome justified by life cycle thinking, as well as a better overall economic and health impact.
Amendment 465 #
2022/0396(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) To increase their effectiveness and ensure the equal treatment of economic operators, the re-use and refill targets should be placed on the economic operators. In cases of targets for beverages, they should be additionally placed also on the manufacturers, as these actors are able to control the packaging formats used for the products they offer and decide based on thorough consideration of logistics, environmental, technical, industrial and consumer criteria. The targets should be calculated as a percentage of sales in reusable packaging within a system for re- use or through refill or, in case of transport packaging, as a percentage of uses. The targets should be material neutral. A detailed assessment should be carried out to ensure that reuse targets can be implemented in a safe, economically viable and environmentally sustainable way that would bring tangible benefits compared to recyclable alternatives. In order to ensure uniform conditions for the implementation of targets for re-use and refill, the power to adopt an implementing act in accordance with Article 291 of the Treaty on the methodology for their calculation, should be delegated to the Commission.
Amendment 484 #
2022/0396(COD)
Proposal for a regulation
Recital 78
Recital 78
(78) In order to ensure uniform conditions for the implementation of the recourse to common technical specifications, the power to adopt implementing acts in accordance with Article 291 of the Treaty should be delegated to the Commission to lay down, amend or repeal common technical specifications for the requirements on sustainability, labelling and systems for re- use, and to adopt test, measurement or calculation methods. That should be limited to those cases where technical standardization is unable to provide a concrete response to the purposes of this Regulation.
Amendment 495 #
2022/0396(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) To achieve an ambitious and sustained reduction in the overall packaging waste generation, targets should be laid down for the reduction of packaging waste per capita to be achieved by 2030. Meeting a target of 5 % reduction in 2030 compared to 2018 should entail an overall absolute reduction of approximately 19 % on average acmaterial (plastics, wood, ferrosus the Union in 2030 compared to the 2030 baseline. Member States should reduce packaging waste generation by 10 %, compared to 2018, by 2035; this is estimated to reduce packaging waste by 29 % compared to the 2030 baseline. In order to ensure that the reduction efforts continue beyond 2030, a reduction target of 10 % from 2018, which would mean a reduction of 29 % compared to baseline, should be set for 2035 and, for 2040, a reduction target of 15 % from 2018, which means a reduction of 37 % compared to baseline should be establishedmetals, aluminium, glass and paper and cardboard) per capita to be achieved by 2040.
Amendment 503 #
2022/0396(COD)
Proposal for a regulation
Recital 91 a (new)
Recital 91 a (new)
(91a) Waste prevention through reduction at source by material should be a key guiding principle, as per the existing harmonised standard EN 13428:200030, whereby the substitution of one packaging material by another is not a basis for source reduction.
Amendment 516 #
2022/0396(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) Regulation (EU) 2022/2065 of the European Parliament and of the Council66lays down rules on the traceability of traders, which more specifically contain obligations for providers of online platforms allowing consumers to conclude distance contracts with producers offering packaging to consumers located in the Union. In order to prevent free-riding from the extended producer responsibility obligations, it should be specified how such providers of online platforms should fulfil those obligations with regard to the registers of packaging producers established pursuant to this Regulation. In that context, providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers should obtain from those producers information about their compliance with the extended producer responsibility rules set out in this Regulation. The rules on traceability of traders selling packaging online are subject to the enforcement rules set out in Regulation (EU) 2022/2065. As it can be difficult to supervise the concrete application of the obligations of the Regulation in the case of distance selling, particular attention should be paid to tools and control methods that ensure the proper implementation of the provisions. _________________ 66 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
Amendment 522 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 529 #
2022/0396(COD)
Proposal for a regulation
Recital 103
Recital 103
(103) Deposit and return systems should be obligatory for single use plastic beverage bottles and metal beverage containers. Member States might also decide to include other packaging in these systems, in particular single use glass bottles, and should ensure that deposit and return systems for single-use packaging formats, in particular for single use glass beverage bottles, are equally available for reusable packaging, where technically and economically feasible. They should consider establishing deposit and return systems also for reusable packaging. In such situations, a Member State should be allowed, while observing the general rules laid down in the Treaty and complying with the provisions set out in this Regulation, adopt provisions which go beyond the minimum requirements set out in this Regulation.
Amendment 570 #
2022/0396(COD)
Proposal for a regulation
Recital 141 a (new)
Recital 141 a (new)
(141a) For the sake of clarity for food business operators, the nomenclature codes referred to food categories mentioned in Article 26 and Article 44 are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/871 and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 583 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to all packaging, with the exception of packaging approved for the transport of dangerous goods regardless of the material used, and to all packaging waste, whether such waste is used in or originates from industry, other manufacturing, retail or distribution, offices, services or households.
Amendment 588 #
2022/0396(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies without prejudice to Union regulatory requirements for packaging such as those regarding safety, quality, the protection of health and the hygiene of the packed products, or to transport requirements, as well as without prejudice to the provisions of the Directive 2008/98/EC as regards the management of hazardous waste and as regards the requirements provided for in paragraph 2 of Article 4 of Directive 2008/98/EC.
Amendment 593 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By January 2023, Member States shall ensure that systems are set up to provide for the return and separate collection of all packaging waste from the end users in a given year in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling. Packaging complying with Design for Recycling criteria adopted on the basis of article 6(4) shall be collected for recycling.
Amendment 604 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point f
Article 3 – paragraph 1 – point 1 – point f
(f) permeable tea or coffee bagsingle- serve units necessary to contain a tea or coffee product and intended to be used and disposed of together with the product;
Amendment 616 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – point g
Article 3 – paragraph 1 – point 1 – point g
(g) coffee or tea systemprotective beverage single-serve unit necessary to contain a coffee or tea product and intended to be used and disposed of together with the product;
Amendment 620 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'recyclability' means the compatibility of packaging with the management and processing of waste, based on separate collection, sorting in separate streams, recycling at scale, and use of recycled materials to replace primary raw materials;
Amendment 626 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 634 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18 a (new)
Article 3 – paragraph 1 – point 18 a (new)
(18a) 'plastic packaging' means packaging consisting of plastics as the predominant material.
Amendment 642 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19
Article 3 – paragraph 1 – point 19
(19) ‘composite packaging’ means a unit of packaging made of two or more different materials, excluding materials used for labels, closures and sealing, which cannot be separated manually and therefore form a single integraloatings, linings, paints, inks, adhesives, closures and sealing which are considered as part of the weight of the main packaging material, which cannot be separated manually and therefore form a single integral unit, unless a given material constitutes an insignificant part of the packaging unit and in no case more than 15% of the total mass of the packaging unit;
Amendment 695 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32
Article 3 – paragraph 1 – point 32
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and processes, covering at least 75 % of the Union populationthe existence of a clear pathway, including the development of sufficient capacity for the collected packaging waste to be directed towards defined and recognised waste streams through established industrial processes for reprocessing, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 702 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 32 a (new)
Article 3 – paragraph 1 – point 32 a (new)
(32a) 'high quality recycling’ means any recovery operation, as defined in Article 3, point (17), of Directive 2008/98/EC, that ensures that the distinct quality of the collected and sorted waste is preserved or recovered during that recovery operation, so that the resulting recycled materials are of sufficient quality to substitute primary raw materials with minimal loss of quantity, quality or function;
Amendment 716 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘integrated component’ means a packaging component that may be distinct from the main body of the packaging unit, and may be of a different material, but is integral to the packaging unit and its functioning and does not need to be separated from the main packaging unit in order to consume the product and is typically discarded at the same time as the packaging unit, although not necessarily in the same disposal route;is recommended to be disposed together with the main body of the packaging.
Amendment 723 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘separate component’ means a packaging component that is distinct from the main body of the packaging unit, which may be of a different material, that needs to becan be manually disassembled completely and permanently from the main packaging unit in order to access the product, and that is typically discarded prior to anbody of the packaging by the end consumer, and that is recommended to be disposed separately from the main body of the packaging unit;
Amendment 733 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 38
Article 3 – paragraph 1 – point 38
Amendment 741 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 a (new)
Article 3 – paragraph 1 – point 39 a (new)
(39a) “recycled content in plastic packaging” is the amount of material contained in the packaging obtained from any recycling process of pre-consumer and post-consumer waste, whether to be recycled mechanically, physically or chemically.
Amendment 746 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39 b (new)
Article 3 – paragraph 1 – point 39 b (new)
(39b) 'pre-consumer plastic waste' means plastic waste that is generated from production and converting of plastic material.
Amendment 783 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The definitions of ‘substance of concern’ and ‘data carrier’ laid down in Article [2 points (28) and (30)] of Regulation [Ecodesign for sustainable products] shall apply;
Amendment 799 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 812 #
2022/0396(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. Any additional Member State information and labelling requirements that go beyond the requirements of this Regulation shall not be considered as mandatory but used on a voluntary basis.
Amendment 816 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Packaging shall be so manufactured that the presence and concentration of substances of concernthat meet the criteria in Article 57 and identified in accordance with Article 59(1) in a concentration above 0,1 % weight by weight (w/w) as laid down the Regulation (EC) No 1907/2006, as constituents of the packaging material or of any of the packaging components is minimised, including with regard to their presence in emissions and any outcomes of waste management, such as secondary raw materials, ashes or other material for final disposal.
Amendment 821 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Without prejudice toOther than the substances criteria laid down in Article 5(1), shall be applied the restrictions on chemicals set out in Annex XVII of Regulation (EC) No 1907/2006 or, where applicable, to the restrictions and specific measures on food contact packaging in Regulation (EC) No 1935/2004, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium resulting from substances present in packaging or packaging components shall not exceed 100 mg/kg.
Amendment 843 #
2022/0396(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Recyclability requirements established in delegated acts adopted pursuant to Article 6(5)by CEN - European Committee for Standardization shall not restrict the presence of substances in packaging or packaging components for reasons relating primarily to chemical safety. They shall address, as appropriate, substances of concern that negatively affect the re-use and recycling of materials in the packaging in which they are present, and shall, as appropriate, identify the specific substances concerned and their associated criteria and limitations.
Amendment 867 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable from 1 January 2030.
Amendment 875 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
(a) it is designed for recycling or, for compostable packaging, is compliant with point a), b) and c) of Annex III;
Amendment 894 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) except for compostable plastics, it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primarya raw materials;
Amendment 910 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Points (a) to (d) shall apply from 1 January 2030 and point (e) shall apply from 1 January 2035.
Amendment 934 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable packaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated actsCEN standards, where applicable, adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated actCEN standards adopted pursuant to paragraph 6. Where such packaging complies with those delegated actstandards, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 953 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 974 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
The Commission is empowered to adopt delegated acts, in close cooperation with stakeholders, in accordance with Article 58 to amend Table 1 of Annex in order to adapt it to scientific and technical development in material and product design, collection, sorting and recycling infrastructure.
Amendment 1027 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 7 – point b
Article 6 – paragraph 7 – point b
(b) detailed design for recycling criteria including material specific requirements on the quality of recycling, where and when needed, for each packaging formaterial and category listed in Table 1 of Annex II;
Amendment 1042 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 8 – subparagraph 4 a (new)
Article 6 – paragraph 8 – subparagraph 4 a (new)
Small components (i.e., <50 mm in two dimensions) represent a particular challenge to current packaging material recycling facility capabilities. By way of derogation from paragraphs 2 and 3, such small components may be placed on the market until the Delegated Act establishing the Design for Recycling criteria is adopted. The Design for Recycling criteria to be established under the Delegated Act as referred to in paragraph 4 shall consider the requirements for small components and be compatible with the state of the art collection, sorting and recycling processes.
Amendment 1052 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Where use is made of this derogation, innovative packaging shall be accompanied by technical documentation, referred to in Annex VII, demonstrating its innovative nature and showing compliance with the definition in Article 3(347) of this Regulation.
Amendment 1057 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – introductory part
Article 6 – paragraph 10 – introductory part
10. Until 31 December 2034, tThis Article shall not apply to the following:
Amendment 1062 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – point b
Article 6 – paragraph 10 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1065 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 – point c
Article 6 – paragraph 10 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746.
Amendment 1074 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. outer packaging as defined in Article 1, point (24), of Directive 2001/83/EC and in Article 4, point (26), of Regulation (EU) 2019/6, in cases where such packaging is necessary to comply with specific requirements to preserve the quality of the medicinal product. Should the adoption of the delegated acts referred to in paragraphs 4 and 6 of this Article be delayed, a presumption of compliance with the points a) and e) of paragraph 2 shall apply to all packaging placed on the Union market until such delegated acts are adopted.
Amendment 1112 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. From 1 January 2030, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1116 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) 30 % for contact sensitive plastic packaging made from polyethylene terephthalate (PET) as the major component;
Amendment 1132 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) 10 % for contact sensitive plastic packaging made from plastic materials other than PET, except single use plastic beverage bottles;
Amendment 1146 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1175 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. From 1 January 2040, the plastic part in packaging shall contain the following minimum percentage of recycled content recovered from pre-consumer or post- consumer plastic waste, per unit of packaging:
Amendment 1187 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)
Article 7 – paragraph 2 – subparagraph 1 (new)
Targets per material shall be calculated as a percentage of the total number of units placed by a producer on the internal market.
Amendment 1196 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) contact sensitive plastic packaging of medical devices covered by Regulation (EU) 2017/745;
Amendment 1198 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) contact sensitive plastic packaging of in vitro diagnostics medical devices covered by Regulation (EU) 2017/746;
Amendment 1213 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Paragraphs 1 and 2 shall not apply to compostable plastic packaging. as well as to inks, adhesives, varnishes and coatings used on packaging. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1230 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. By 12 months from the entry into force of this Regulation, compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1232 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Paragraphs 1 and 2 shall not apply to innovative packaging as defined at article 3 para 37.
Amendment 1240 #
2022/0396(COD)
6. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be modulated based on the percentage of recycled content used in the packagingtaking into account the cost of packaging waste management and the revenues from sales of secondary materials.
Amendment 1246 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026, the Commission is empowered to adopt implementing acts establishing the methodology for the calculation and verification of the percentage of recycled content recovered from post-consumer plastic waste, per unit of plastic packaging, and the format for the technical documentation referred to in Annex VII. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3). The implementing acts can specify that calculation of recycled content from packaging covered by Regulation No 1935/2004 on materials and articles intended to come into contact with food is only included in the calculation of recycled content if the packaging application is also covered by Regulation No 1935/2004 on materials and articles intended to come into contact with food.
Amendment 1287 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 2028, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 1309 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point a
Article 7 – paragraph 9 – subparagraph 2 – point a
(a) provide for derogations from the scope, timing or level of minimum percentage laid down in paragraph 1, points b and d, for specific plastic packaging, and, as appropriate,
Amendment 1312 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – point b
Article 7 – paragraph 9 – subparagraph 2 – point b
Amendment 1347 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. By 2030 [OP: please insert the date = 24 months from the entry into force of this Regulation], packaging referred to in Article 3(1), points (f) and (g), sticky labels attached to fruit and vegetables and very lightweight plastic carrier bags shall be compostable in industrially controlled conditions in bio-waste treatment facilities and therefore allowed to be collected in bio-waste receptacles.
Amendment 1362 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Compostable packaging can be placed on the market providing the presence of a minimum content of renewable raw material determined as percentage of carbon of biological origin present in packaging compared to the total carbon present therein and using for this purpose the current European standard on the subject based on radiocarbon methods EN 16640. Agricultural biomass used for the manufacture of compostable packaging complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture compostable packaging complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.
Amendment 1363 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1372 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States which have transposed Article 22 of Directive 2008/98 and have appropriate waste collection schemes and waste treatment infrastructure are empowered to require that lightweight plastic carrier bags shall be compostable in industrially controlled conditions. The same provision shall apply to compostable packaging formats.
Amendment 1378 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By [OP: Please insert the date = 24 months from the date of entry into force of this Regulation], packaging, labeled as compostable, other than that referred to in paragraphs 1 and 2, including packaging made of biodegradshall comply with the criteria listed in Annex III. Packaging made with compostable material that is not labele plastic polymers,d as compostable shall allow material recycling without affecting the recyclability of other waste streams.
Amendment 1381 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. By [OP: please insert the date = 12 months from the entry into force of this Regulation] compostable packaging shall contain a minimum content of renewable raw material of at least 60%.
Amendment 1383 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. TAfter an assessment of the Expert Group, the Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend paragraphs 1 and 2 of this Article by addingdd other types of packaging to the types of packaging covered by those paragraphs 1 and 2 of this Article when it is justified and appropriate due to technological and regulatory developments impacting the disposal of compostable packaging and under the conditions set out in Annex III. A public register containing the lists of such applications should be established and updated by the Commission.
Amendment 1390 #
2022/0396(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. By 1 January 2030, the financial contributions paid by producers to comply with their extended producer responsibility obligations as laid down in Article 40 shall be collected and managed by a dedicated extended producer responsibility scheme.
Amendment 1402 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. PBy 1 January 2030, packaging shall be designed so that its weight and volume is reduced to the minimum necessary for ensuring its functionalitys, as listed in the definition of packaging in Article 3(1), taking account of the material that the packaging is made of and its design, for a given material and a given shape.
Amendment 1422 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. PBy 1 January 2030, packaging not necessary to comply with any of the performance criteria set out in Annex IV and packaging with characteristics that are only aimed to increase the perceived volume of the product, including double walls, false bottoms, and unnecessary layers, shall not be placed on the market, unless the packaging design is subject to geographical indications of origin, shall not be placed on the market, unless the product or packaging design is subject to intellectual property protection or benefits from the Union's geographical indications of origin protection or have been given distinctive product recognition by the Union, in each case protected under Union legislation.
Amendment 1432 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Amendment 1437 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For the purpose of assessing the compliance with this paragraph, space filled by paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene, styrofoam chips or other filling materials shall be considered as empty space, unless required to protect and to transport the goods.
Amendment 1445 #
2022/0396(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) the identification of the design requirements, including those related to intellectual property rights , which prevent further reduction of the packaging weight or volume, for each of these performance criteria;
Amendment 1465 #
2022/0396(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
Amendment 1498 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 1530 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regul36 months after the adoption of the implementing act referred to in paragraph 5, information], on packaging shall bear a label on packaging reusability andreusability shall be marked on a label on packaging or shall be available through a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotations. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
Amendment 1541 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
Article 11 – paragraph 4 – subparagraph 1
Labels referred to in paragraphs 1 to 3 and the QR code or other type of digital data carrier referred to in paragraph 2 shall be placed, printed or engraved visibly, clearly legibly and indelibly on the packaging. Where this is not possible or not warranted on account of the nature and size of the packaging, information should be conveyed to consumers via digital means of communication (e.g., website, QR code) or they shall be affixed to the grouped packaging.
Amendment 1547 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 a (new)
Article 11 – paragraph 4 – subparagraph 1 a (new)
By way of derogation from paragraph 4, the information referred to in paragraph 1 to 3 may be provided by electronic means identified on the package or on a label attached thereto.In such cases, the following requirements apply: (a) no user data shall be collected or tracked; (b) the information shall not be displayed with other information intended for sales or marketing purposes.
Amendment 1550 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
Where Union legislation requires information on the packaged product to be provided via a data carrier, a single data carrier shall be used for providing the information required for both the packaged product and the packaging. From [Please insert the date = 24 months after the entry into force of this Regulation] the Commission shall adopt guidance regarding provision of information by digital means.
Amendment 1557 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. By [OP: Please insert the date = 18 2 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of or the digital provision of information related to packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1562 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. By [OP: Please insert the date = 124 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 1574 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Packaging included in an extended producer responsibility scheme or covered by a deposit and return system other than that referred to in Article 44(1) mayshall be identified by means of a corresponding symbol throughout the territory in which that scheme or system applies. That symbol shall be clear and unambiguous and shall not mislead consumers or users as to the recyclability or reusability of the packagingharmonised symbol to be established via an implementing act by the Commission in accordance with the examination procedure referred to in Article 59 (3).
Amendment 1580 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
8a. Packaging referred to in paragraphs 1, 2 and 3, manufactured or imported before these deadlines, may be marketed until the stocks of the products are exhausted.
Amendment 1585 #
2022/0396(COD)
Proposal for a regulation
Article 11 – paragraph 8 b (new)
Article 11 – paragraph 8 b (new)
8b. This Article shall not apply to pharmaceutical packaging.
Amendment 1607 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 1619 #
2022/0396(COD)
Proposal for a regulation
Article 13 – paragraph 9 a (new)
Article 13 – paragraph 9 a (new)
9a. Paragraphs 1 to 6 do not apply to custom made transport packaging for configurable devices and systems designed to be used in industrial and healthcare settings.
Amendment 1630 #
2022/0396(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1643 #
2022/0396(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the manufacturer and the importer have complied with the requirements set out in Article 13(5) and (6) and Article 16(3) respectively.
Amendment 1666 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Economic operators who supply products to a final distributor or an end user in grouped packaging, transport packaging or e-commerce packaging, shall ensure that the empty space ratio is maximum 40 %inimised subject to the provisions within Part 1 and Part 2 of Annex IV.
Amendment 1684 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
Space filled by filling materials such as paper cuttings, air cushions, bubble wraps, sponge fillers, foam fillers, wood wool, polystyrene or Styrofoam chips, shall be considered as empty space, unless required to protect and to transport the goods.
Amendment 1697 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1750 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 58 to amend Annex V in order to adapt it to technical and scientific progress with the objective to reducing packaging waste and improving the overall environmental outcomes in line with paragraph 2 of Article 4 of Directive 2008/98/EC. When adopting those delegated acts, the Commission shall consider the potential of the restrictions on the use of specific non-recyclable packaging formats to reduce the packaging waste generated while ensuring an overall positive environmental impact, and shall take into account the availability of alternative packaging solutions that meet requirements set out in legislation applicable to contact sensitive packaging, as well as their capability to prevent microbiological contamination of the packaged product.
Amendment 1780 #
Amendment 2162 #
Amendment 2217 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018the year of entry into force of this Regulation as reported to the Commission in accordance with Decision 2005/270/EC, for each of the specific materials contained in packaging waste listed in article 46, by
Amendment 2224 #
Amendment 2230 #
Amendment 2242 #
Amendment 2253 #
2022/0396(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. For the purpose of paragraph 2, Member States may use economic instruments and other measures to provide incentives for the application of the waste hierarchy, such as measures referred to in Annexes IV and IVa to Directive 2008/98/EC, or other appropriate instruments and measures, including incentives through extended producer responsibility schemes and requirements on producers or producer responsibility organisations to adopt waste prevention plans. Such measures shall be proportionate and non-discriminatory and be designed so as to avoid barriers to trade or distortions of competition in conformity with the Treaty and with Article 4 of this Regulation.
Amendment 2271 #
2022/0396(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Producers shall be obliged to register in the register referred to in paragraph 1. They shall, to that end, submit an application for registration in each Member State where they make packaging available on the market for the first timethe home country. Where a producer has appointed a producer responsibility organisation as referred to in Article 41(1), the obligations set out in this Article shall be met by that organisation, unless otherwise specified by the Member State in which the register is established.
Amendment 2305 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2352 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2353 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. By 1 January 2030, Member States shall ensure that systems are set up to provide for the return and the separate collection of 90% of all packaging waste from the end users of each packaging format listed in Table 1 Annex II, in a given year, in order to ensure that it is treated in accordance with Articles 4 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high quality recycling.
Amendment 2685 #
2022/0396(COD)
Proposal for a regulation
Annex II – Table 1 – row 11 a (new)
Annex II – Table 1 – row 11 a (new)
bottles and (11 a) Plastic PET - rigid flasks Opaque white
Amendment 2711 #
2022/0396(COD)
Proposal for a regulation
Annex II – Table 2 a (new)
Annex II – Table 2 a (new)
Indicative parameters that may be considered when developing design criteria for recycling under Article 6: 1. Additives 2. Labels 3. Closure systems and small parts 4. Adhesives 5. Printing inks 6. Colours 7. Material composition 8. Barriers / coatings 9. Ease of dismantling
Amendment 106 #
2022/0358(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Competent authorities that wish to receive from online short-term rental platforms information about hosts’ activities and have registration systems in place should be able to obtain activity data from online platforms on a regular basis. The type of data that may be obtained should be fully harmonised and include information on the number of nights for which a registered unit has been rented, the number of guests that stayed in the unit per night, their country or geographical area of residence, the registration number and the URL of the listing of the unit, which is needed in order to facilitate the identification of the host and the unit offered for short-term accommodation rental services in cases where the registration number is missing or incorrect. Only online platforms that have effectively facilitated the conclusion of direct transactions between hosts and guests are covered by the obligation to provide the activity data, the registration number and the URL of the listing of the unit, as only those platforms are in a position to collect data, such as on the number of nights for which a unit is rented and the number of guests that stayed in the unit per night. Member States should not maintain or introduce measures that require platforms to report on short-term accommodation rental service providers and their activities diverging from those laid down in this Regulation, unless otherwise provided under Union law.
Amendment 131 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to providers of online short-term rental platforms that offer services to hostand online short-term rental advertising platforms that offer services to hosts and other online short-term rental platforms providing short-term accommodation rental services in the Union, irrespective of their place of establishment.
Amendment 132 #
2022/0358(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Regulation also applies to hosts providing short-term accommodation rental services in the Union, their intermediaries and the local authorities managing the data collected, irrespective of their place of establishment.
Amendment 139 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 – introductory part
Article 3 – paragraph 1 – point 1 – introductory part
(1) ‘unit’ means a furnished accommodation located in the Union that is the subject of the provision of a short-term accommodation rental service, as further defined by national law. It does not include the following:
Amendment 145 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) ‘property manager’ means any entity that has been retained to perform and carry out short term rentals, operation and management services at one or more of the units owned by the host;
Amendment 147 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘online short-term rental advertising platform’ means a service within the meaning of Article 3, point (i) and (j) of Regulation (EU) 2022/2065, that display advertising of short-term accommodation rental services on their platform but that do not allow guests to conclude distance contracts with hosts for the provision of short-term accommodation rental services;
Amendment 157 #
2022/0358(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented corresponding to the number of actual stays in the unit and the number of guests that have been declared to stayed in the unit per night, and, in accordance with Regulation (EU) 692/2011, their country or geographical area of residence;
Amendment 161 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) the requirements on hosts underlying the registration procedures are proportionate, non-discriminatory and justified;
Amendment 163 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) registration procedures allow for theonline, automatic and, immediate issue of a registration number for a specific unit upon the submission by the host of the information referred to in Article 5(1) and, where appropriate, any supporting documentation required pursuant to Article 5(2);
Amendment 169 #
2022/0358(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g
Article 4 – paragraph 2 – point g
(g) hosts are required, when offering their short-term accommodation rental services via an online short-term rental platform or an online short-term rental advertising platform, to declare whether the unit offered is located in an area where a registration procedure has been established or applies and, if so, to provide the registration number.
Amendment 184 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point 4 a (new)
Article 5 – paragraph 1 – point a – point 4 a (new)
(4a) where applicable, if the host uses the intermediary services of a property manager;
Amendment 195 #
2022/0358(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Hosts shall be responsible for the accuracy of the information that they provide to competent authorities pursuant to this Article, and of the information that they provide to online short-term rental platforms and to online short-term rental advertising platforms pursuant to Article 7 of this Regulation.
Amendment 200 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where a host fails to rectify the requested information pursuant to paragraph 2, the competent authority shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and short-term advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 205 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where a competent authority, after verification pursuant to paragraph 1, finds that there are manifest and serious doubts as regards the authenticity and validity of the information or documentation submitted pursuant to Article 5(1) and 5(2), it shall have the power to suspend the validity of the affected registration numbers and to issue an order requesting online short-term rental platforms and online short-term rental advertising platforms to remove or disable access to any listing relating to the unit or units in question without undue delay.
Amendment 215 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) clear information enabling the provider of the online short-term rental platform or the provider of the online short-term rental advertising platform to identify and locate the listing or listings concerned, such as one or more exact uniform resource locators (URL) and the identity of the competent authority;
Amendment 217 #
2022/0358(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point c
Article 6 – paragraph 6 – point c
(c) the identity of the host andregistration number of the unit offered for short-term accommodation rental services.
Amendment 233 #
2022/0358(COD)
(c) make reasonable efforts to regularly carry out randomly checks of the declaration of the hosts concerning the existence or not of a registration procedure, taking into account the list made available pursuant to Article 13(1), point (a), and, where such a procedure exists, the validity of the registration number provided by the host, including through the use of the functionalities offered by the Single Digital Entry Points referred to in Article 10(2), point (b), after allowing the offering of the short-term accommodation rental services by the host.
Amendment 259 #
2022/0358(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) facilitate random checks by online short-term rental platforms and by online short-term rental advertising platforms pursuant to Article 7(1), point (c) of the validity of registration numbers provided by hosts;
Amendment 311 #
2022/0358(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
It shall apply from [OP please insert date = 12 months after the date of entry into force of this Regulation]. However, Article 7 and Article 9 shall apply from [OP please insert date = 24 months after the date of entry into force of this Regulation].
Amendment 22 #
2022/0341(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Ensuring that all PSUs in the Union are able to place payment orders for and receive instant credit transfers in euro is a precondition for an increased uptake of such transactions. Currently, at least one third of PSPs in the Union do not offer instant credit transfers in euro. Moreover, the rate at whichPutting in place the instant payment service would open up a further payment channel for PSPs to offer their PSUs, but the uptake of such transactions should be left to the free competition market to balance service supply and demand in a balanced manner. Therefore, PSPs that offer their PSPUs have been adding instant credit transfers to their services has been, over the last few years, too slow, which hinders further integration of the Union’s internal payments market. Therefore, PSPs should be requireda payment service of sending and receiving credit transfers should also offer all their PSUs a payment service of receiving instant credit transfers. By contrast, these PSPs should be able to choose whether or not to offer thea service of sending and receiving instant credit transfers in euro.
Amendment 27 #
2022/0341(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) There is a variety of interfaces through which PSUs can place a payment order for a credit transfer in euro, including via online banking, a mobile application, an automated teller machine, in a branch, or by phone. To ensure that all PSUs have access to instant credit transfers in euro, there should be no difference in terms of theIn order to respect free market rules, the PSPs shall decide freely which PSU interfaces through which PSUs can placeo adapt for the placement of a payment orders for an instant and other types of credit transfer transactions. Moreover, where it is possible for a PSU to submit to a PSP payment orders for credit transfers packaged together, that same possibility should also be made freely available with respect to instant credit transfers in euro. PSPs should be able to offer all credit transfers in euro initiated by their PSUs as instant by default.
Amendment 35 #
2022/0341(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) It would not be proportionate to impose on payment institutions and electronic money institutions an obligation to offer the service of sending and receiving instant credit transfers in euro, because those institutions cannot be admitted as participants in a payment system designated in accordance with Directive 98/26/EC of the European Parliament and of the Council36. Those institutions may therefore experience difficulties in accessing the infrastructure necessary to execute instant credit transfers. It is therefore appropriate to exclude payment institutions and electronic money institutions from the obligation to offer the service of sending and receiving instant credit transfers in euroDirective 98/26/EC of the European Parliament and of the Council36 came into effect before the current payment landscape was established. Therefore, this directive needs to be revised as of now, before implementation gets under way. This would ensure greater uptake of instant credit transfers in euro, as it would allow PSPs such as payment institutions and electronic money institutions to be included from the outset within the scope of application of this regulation. __________________ 36 Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).
Amendment 37 #
2022/0341(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) PSUs are very sensitive to the level of charges for substitutable payment methods. The level of charges can therefore steer them towards or away from a given payment method. In those national markets where higher transaction-level charges for instant credit transfers in euro compared to charges for other types of credit transfers in euro have been applied, the uptake of instant credit transfers is low. That would suggest that the price difference between charges has prevented the attainment of the critical mass of instant credit transfers in euro that is necessary to realise the full network effects for PSPs and PSUs alike. All types of charges applied to payers and payees for the execution of instant credit transfers in euro, including pHowever, this definitely does not mean that the difference in charges applied is inversely proportional to the uptake of instant credit transfers. Besides, capping charges could push up, rather trhansaction bring down, charges for lump sum charges, should therefore not exceed such charges applied to the same PSU for corresponding types of other credit transfers in euro. When identifying corresponding types of credit transferinstant credit transfers. Any charges applied by a PSP to payers and payees for the sending and receiving of instant credit transfer transactions in euro are freely negotiated by the contracting parties, wit should be possible to use criteria including the PSU interface or the payment instrument used to initiate the payment, customer status and, where relevant, whether the payment is national or cross-bordert prejudice to consumer protection, in order to strike the right balance between supply and demand in a competitive market.
Amendment 38 #
2022/0341(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to prevent fraud and other illegal activities, be this of a coercive nature or otherwise, committed through the misuse of instant credit transfers, which cannot be recalled owing to the instantaneous nature of the transaction, PSPs need to allow PSUs the possibility of setting a maximum amount that can be transferred by instant credit transfer. If the instant payment amount were to be equal to or greater than this maximum amount, the transfer would not occur and the PSPs would be obliged to notify the PSU of the attempted instant credit transfer.
Amendment 46 #
2022/0341(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of instant credit transfers in euro is fundamental for increasing PSUs’ confidence in such services and ensuring their use. Payers intending to send a credit transfer to a given payee may, as a result of fraud or error, provide a payment account identifier which does not correspond to an account held by that payee. Under Directive (EU) 2015/2366 of the European Parliament and of the Council37, the only determinant of the correct execution of the transaction with respect to the payee is the unique identifier, and PSPs are not required to verify the name of the payee. In the case of instant credit transfers, there is not enough time for the payer to realise the occurrence of a fraud or error and to try to recover the funds before they are credited to the payee’s account. PSPs should therefore verify whether there is any discrepancy between the unique identifier of the payee and the name of the payee provided by the payer, and notify the payer placing a payment order for an instant credit transfer in euro about any such discrepancies detected. To avoid undue frictions or delays in the processing of the transaction instantly, the payer’s PSP should provide such notification within no more than a few seconds from the moment the payer provided the payee information. To allow the payer to decide whether to proceed with the intended transaction, the payer’s PSP should provide such notification before the payer authorises the transaction. In any event, PSPs should not charge PSUs any additional amount for the payment account identification service and should ensure that PSUs can choose whether or not to use that service at the time of each payment order. __________________ 37 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
Amendment 64 #
2022/0341(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In some cases, the payment account identifier (the international bank account number or ‘IBAN’) is filled out by payment initiation service providers (PISPs) who have a contractual relationship with the beneficiary merchant and have performed the due diligence in accordance with Directive (EU) 2016/849. Since the payer is not able to amend the account identifier, the risk of fraud or error is significantly reduced, since in practice the PISP does the equivalent of checking the bank account number. Demanding that a service certify that the payment account number (IBAN) and the name of the beneficiary match would be redundant and unnecessary in these circumstances, and it would hence seem appropriate, in this case, to provide for an exemption from the payment account identification service.
Amendment 85 #
2022/0341(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Any processing of personal data in the context of providing instant credit transfers, or the service detecting and notifying discrepancies between the name and payment account identifier of a payee, as well as verifying whether PSUs are listed persons or entities should be in line with the Regulation (EU) 2016/679 of the European Parliament and of the Council39. Processing of the names and the payment account identifiers of natural persons is proportionate and necessary to prevent fraudulent transactions, detect errors and ensure the compliance with restrictive measures adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available. Express reference should also be made to the competency of the respective national authorities for the protection of personal data with regard to possible infringements of the relevant legislation as well as with regard to the rights of data subjects in accordance with Articles 15 to 22 of Regulation (EU) 2016/679 of the European Parliament and of the Council40. __________________ 39 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Amendment 99 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 1
Article 5a – paragraph 1 – subparagraph 1
PSPs that offer to their PSUs a payment service of sending and receiving credit transfers shall also offer to all their PSUs a payment service of sending and receivreceiving instant credit transfers. These PSPs shall be able to choose whether or not to offer a service of sending instant credit transfers.
Amendment 117 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point (a)
Article 5a – paragraph 2 – point (a)
(a) theyPSPs shall ensure that payers are able to place a payment order for an instant credit transfer through the same PSU interfaces as the ones through whichdecide freely which PSU interface to adapt for those payers can placelacement of a payment order for otheran instant credit transfers;
Amendment 127 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point (b)
Article 5a – paragraph 2 – point (b)
(b) after receiving a payment order for an instant credit transfer, they shall immediately verifyverify, without undue delay, whether all the necessary conditions for processing the payment are met and whether the necessary funds are available, reserve the amount on the account of the payer and instantly send the payment transaction to the payee’s PSP without undue delay;
Amendment 131 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(d) after having received an instant credit transfer, they shall immediately, without undue delay and provided the amount does not exceed the maximum transfer amount referred to in paragraph 2a, make the amount of that transaction available on the payee’s payment account.
Amendment 135 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2a (new)
Article 5a – paragraph 2a (new)
Amendment 140 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 a – paragraph 3
Article 5 a – paragraph 3
3. When providing instant credit transfers in euro, PSPs shallmay also offer to their PSUs the possibility to submit multiple payment orders as a package if they offer that possibility to their PSUs for other types of credit transfers.
Amendment 154 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 a – paragraph 4 – subparagraph 1
Article 5 a – paragraph 4 – subparagraph 1
PSPs as referred to in paragraph 1 that are located in a Member State whose currency is the euro shall offer PSUs the service of receiving instant credit transfers in euro by … [PO please insert the date = 612 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by … [PO please insert the date = 128 months after the date of entry into force of this Regulation].
Amendment 165 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 b– paragraph 1
Article 5 b– paragraph 1
1. Any charges applied by a PSP on payers and payees in respect of sending and receiving instant credit transfer transactions in euro shall not be higher than the charges applied by that PSPbe at the discretion of the parties involved, just as in respect of sending and receiving other, corresponding, credit transfer transactions in euro.
Amendment 173 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 b – paragraph 2
Article 5 b – paragraph 2
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 612 months after the date of entry into force of this Regulation].
Amendment 213 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 c – paragraph 3 – subparagraph 2 a (new)
Article 5 c – paragraph 3 – subparagraph 2 a (new)
PSPs shall not charge PSUs any additional cost for the payment account identification service referred to in paragraph 1, and shall ensure that PSUs can choose whether or not to use that service at the time of each payment order.
Amendment 228 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 c – paragraph 5 a (new)
Article 5 c – paragraph 5 a (new)
Amendment 231 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 c – paragraph 5 b
Article 5 c – paragraph 5 b
5b. The service referred to in paragraph 1 shall not apply to payments initiated by a payment initiation service provider (PISP) as defined by Directive (EU) 2015/2366 in cases where the payment account identifier and the name of the payee are pre-filled by the PISP.
Amendment 238 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 c – paragraph 6 – subparagraph 1
Article 5 c – paragraph 6 – subparagraph 1
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 128 months after the date of entry into force of this Regulation].
Amendment 264 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 d– paragraph 4
Article 5 d– paragraph 4
4. PSPs shall comply with this Article by …[ PO please insert the date = 612 months after the date of entry into force of this Regulation].’
Amendment 269 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 260/2012
Article 11 – paragraph 1 a – subparagraph 1
Article 11 – paragraph 1 a – subparagraph 1
By way of derogation from paragraph 1, Member States shall by … [PO please insert the date = 48 months after the date of entry into force of this Regulation] lay down rules on the penalties applicable to infringements of Articles 5a to 5d and shall take all measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.
Amendment 282 #
2022/0341(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Directive 98/26/EC
Article 2 – letter (b)
Article 2 – letter (b)
Article 2a Amendments to Directive 98/26/EC In Article (2)(b): In Directive 98/26/EC, the following Articles shall be inserted: – electronic money institutions as defined in Article 2(1) of Directive 2009/110/EC; – payment institutions as defined in Article 4(4) of Directive (EU) 2015/2366
Amendment 258 #
2022/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementing powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 276 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond to impacts of crisesensure the proper functioning onf the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance and crisis-relevantternal market by setting out harmonised rules to ensure an effective response to crises and to facilitate the free movement of goods and, services in the Single Marketand persons.
Amendment 281 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 293 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 299 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 310 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation is without predjudice to the European Union rules on Intellectual property rights.
Amendment 311 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 324 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union which has a severe impact on the free movement of persons, goods and services;
Amendment 349 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategic importance under the control of a Member State for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
Amendment 367 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may invite a representative of the European Parliament,, in accordance with the advisory group, may invite representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 400 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point f a (new)
Article 4 – paragraph 5 – point f a (new)
(fa) establishing whether the criteria for the activation or deactivation of the vigilance mode have been fullfilled.
Amendment 414 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point e
Article 4 – paragraph 6 – point e
(e) facilitating exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and intwith economic opernational organisationors.
Amendment 424 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. These opinions, recommendations and reports are binding on the EU Commission.
Amendment 433 #
2022/0278(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall designate a Union level central liaison office for contacts with the central liaison offices of the Member States during the Single Market vigilance and emergency modes under this Regulation. The Union level central liaison office shall ensure the coordination and information exchange with the central liaison offices of the Member States for the management of the Single Market vigilance and emergency modes. The central liaison offices of the Member States shall guarantee the transfer of information to stakeholders in the Emergency mode referred to in Part IV of the Regulation.
Amendment 437 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideration the opinion of the advisory group, including economic operators and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
Amendment 460 #
2022/0278(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission shall organise the training on crisis coordination, cooperation and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies, with the involvment of economic operators potentially involved in the various crisis scenarios.
Amendment 468 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The central liaison offices and any relevant national competent authorities shall, in accordance with Union law and national legislation that complies with Union law, treat the information referred to in paragraph 1 in a way that respects its confidentiality, protects the security and public order of the European Union or its Member States, and protects the security and commercial interests of the economic operators concerned, adopting all technological, digital and contractual instruments necessary to guarantee the secrecy of information. In the event of disclosure of secret information, economic operators shall have the right to take legal proceedings for compensation of damages.
Amendment 494 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking intoin due consideration of the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following:
Amendment 515 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking intoin due consideration of the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
Amendment 533 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Before providing the standardised means for information, the Commission shall carry out a consultation with the advisory group and the economic operators with a view to identifying the appropriate and proportionate content of the information, the reasonable deadline to provide them and to evaluate how to better protect sensitive information. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive informationand information affecting the security and public order of the Union or its Member States shall be ensured.
Amendment 549 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory group to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
Amendment 555 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
Amendment 562 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, in due consideration of the opinion of the advisory group, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall inform the Member States thereof.
Amendment 566 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission may require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
Amendment 567 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
Amendment 568 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The implementing actrequests for information shall specify the goods for which information is to be given.
Amendment 569 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 573 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 575 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 576 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Amendment 578 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 622 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
Amendment 631 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 639 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
Amendment 642 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into due consideration the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act.
Amendment 650 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into due consideration the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode.
Amendment 662 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this ArticleRestrictions on free movement of people, goods and services should only be adopted in absence of possible alternative measures and shall fully comply with the Treaty and Union law.
Amendment 668 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Any restriction shall be limited in time and immediately removed as soon as the situation allows it. Additionally, any restriction should take into due account the situation of border regions.
Amendment 676 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner and shall be easily accessible.
Amendment 680 #
2022/0278(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders before and while adopting any potential restriction, including communication with social partners and international partners.
Amendment 705 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis:
Amendment 708 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:
Amendment 710 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
Amendment 765 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 16 a (new)
Article 19 – paragraph 16 a (new)
16 a. The Commission shall publish the measures adopted by the Member States in the context of the internal market emergency that restrict free movement of goods, services and persons, including workers, which have been notified. Those measures shall be published within one working day of their receipt via an electronic platform managed by the Commission. Information shall be clear and easily accessible, in particualr for people affected by disabilities.
Amendment 770 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by-step guide. The information shall be provided in clear, understandable and intelligible language. It shall be easily accessible at a distance and by electronic means and shall be kept up to date. Member States shall make best efforts to provide the information in all official languages of the Union, paying particular attention to the situation and needs of the border regions.
Amendment 792 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a setreasonable time limit, specific information to the Commission on in accordance withe production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, caragraph 3. The information request contains a notice indicating that Single Points of Contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadlineperated by the Member States pursuant to Article 21 can provide support, especially to SMEs, in completing the request.
Amendment 809 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis-relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
Amendment 814 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
Amendment 818 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 826 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets, intellectual property and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and the respective national law. In the event of an involuntary disclosure of data, the economic operator shall have the right to take legal proceedings for compensation of damages.
Amendment 829 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission mayshall present to the advisory group referred to in Article 4 aggregate information based on any information collected pursuant to Article 24.
Amendment 830 #
2022/0278(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 845 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive opinion of the advisory group reached unanimously, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may, following a positive opinion of the advisory group reached unanimously, address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Market
Amendment 850 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept and prioritise the orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, particularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity.
Amendment 853 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 856 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable priceThe priority rated order shall be placed at a fair and reasonable price, which shall include, where relevant, an appropriate compensation for all additional costs incurred by the economic operator.
Amendment 857 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 8
Article 27 – paragraph 8
8. The implementing acts referred to in paragraph 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
Amendment 859 #
2022/0278(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 877 #
2022/0278(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 882 #
2022/0278(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 886 #
2022/0278(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 895 #
2022/0278(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 925 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 168 #
2022/0269(COD)
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. This Regulation should be subsidiary to Due Diligence processes and be the last resort instrument to be applied when supply chain due diligence has not been properly executed according to applicable international guidelines. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 384 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occcausing forced labour and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 406 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 30 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 420 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time. , aligned with EU and international legislation including the Directive on Corporate Sustainability Due Diligence (CSDDD) and the UN Guiding Principles on business and human rights, for mitigating, preventing or bringing an end to forced labour.
Amendment 430 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents andor brings to an end the risk of forced labour.
Amendment 432 #
2022/0269(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Burden of evidence Competent authorities shall bear the burden of establishing that forced labour has been used at any stage of production, manufacture, harvest or extraction of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase.
Amendment 435 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that value chain due diligence has not been properly executed according to applicable international guidelines and that therefore there is a substantiated concern of a violation of Article 3, shall decide, as last resort instrument. to initiate an investigation on the products and economic operators concerned.
Amendment 471 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1530 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 580 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 626 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise and all relevant stakeholders to provide an indicative, non- exhaustive, verifiableed, solid and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant reliable external sources of information from, amongst others, international organisations and third country authorities.
Amendment 643 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the lateleast 2410 months after the entry into force of this Regulation.
Amendment 728 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 180 months after the entry into force of this Regulation, which shall include the following:
Amendment 749 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’detailed guidance for competent authorities to garantee homogeneous implementation of this Regulation;
Amendment 799 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 59 #
2022/0219(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the actions shall be carried out by a consortium of at least threfive Member States;
Amendment 73 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in an associated country. They shall not be subject to control by a non- associated third country or by a non- associated third country entity or, alternatively, shall have been subject to screening within the meaning of Regulation (EU) 2019/452 and, where necessary, mitigation measures, taking into account the objectives referred to in Article 3.
Amendment 78 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate asin the common procurement if it provides guarantees verified by the Member State or associated country in which the contractor andor subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated thirdis established. The guarantees shall provide assurances that the involvement of the contractor or subcontractor involved in the common procurement does not country in which the contractor is established. avene the security and defence interests of the Union and its Member States as established in the framework of CFSP pursuant to Title V of the TEU, or the objectives set out in Article 3.
Amendment 92 #
2022/0219(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity directly, or indirectly through one or ore intermediary legal entities, that limits Member States´ ability to use it.
Amendment 95 #
2022/0164(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In addition, to incentivise a high level of ambition for reforms and investments to be included in the REPowerEU chapter, new dedicated funding sources should be provided. Member States with a surplus in the balance of payments directly related to the exceptional increase in fossil fuel prices should adequately contribute to the funding by adjusting the taxation of companies that generated excess profits.
Amendment 111 #
2022/0164(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The share of the resources available for each Member State shall be calculated on the basis of the indicators defined for the maximum financial contribution of the Regulation (EU) 2021/241, as set out in the methodology in Annex II for 70% of the amount and methodology as set out in Annex III for 30% of the amount, taking also into account the relevant dependence on gas by EU Member States. Disbursements under REPowerEU shall be made following the rules of the Recovery and Resilience Facility until the end of 2026. Payments in relation to the resources transferred from shared management funds shall be subject to the availability of funds approved in the annual EU budget.
Amendment 131 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation EU 2021/241
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy sysenergy independence of the Member Statems through a decrease of dependence on fossil fueln accelerated rehabilitation of nuclear energy system in Europe, as well as and diversification of energyfossil fuels supplies at Union level (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
Amendment 178 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21 a – paragraph 1
Article 21 a – paragraph 1
(1) EUR 20 000 000 000 in current prices shall be available, in line with Article 10e(4) of Directive 2003/87/EC or by subjecting to a temporary solidarity contribution the surplus profits generated from activities in the oil, gas, coal and refinery sector, for implementation under this Regulation to increase the resilience of the Union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at Union level. That amount shall be made available in the form of external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
Amendment 220 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c– paragraph 1 – point a
Article 21c– paragraph 1 – point a
(a) improvncreasing and renewing energy infrastructure and facilities, including new nuclear power plants, to meet immediate security of supply needs for oil and gas and electricity, notably to enable diversification of supply in the interest of the Union as a whole,
Amendment 237 #
2022/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point c
Article 21c – paragraph 1 – point c
(c) addressing internal and cross- border energy transmission bottlenecks and supporting low and zero emission transport and its infrastructure, including railways,
Amendment 53 #
2022/0147(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services with the exception of the relevant provisions of this Directive, unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Union acts governing specific financial services should prevail over the rules of this Directive even where these Union acts do not provide for any pre-contractual information or right of withdrawal or adequate information. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
Amendment 58 #
2022/0147(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least one day prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a day befin good time priore to the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
Amendment 76 #
2022/0147(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For distance contracts concluded by electronic means, the trader shouldmay provide the consumer with the possibility to use a withdrawal button. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use.
Amendment 104 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
1. BIn good time before the consumer is bound by a distance contract, or any corresponding offer, the trader shall provide the consumer with the following information, in a clear and comprehensible manner:
Amendment 107 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1– point b
Article 16a – paragraph 1– point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number andor email address or own digital platform; in addition, where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting;
Amendment 125 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
In the case of telephone communications or another means of distance communication initiated by the trader, the identity of the tradlatter and the commercial purpose of the call initiated by the traderommunication shall be made explicitly clear at the beginning of any conversation with the consumer.
Amendment 130 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Article 16a – paragraph 2 – subparagraph 2
Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1, only the information referred to in points (a), (f), (g), and (p) of that paragraph needs to be provided.
Amendment 133 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3
Article 16a – paragraph 2 – subparagraph 3
The trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfillingimmediately after the conclusion of the distance contract. For any other means of distance communication, which does not allow for the transmission of the contractual terms and conditions and the information in accordance with paragraph 1, the trader shall fulfil his obligations under that paragraph 3. immediately after the conclusion of the distance contract.
Amendment 152 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 6
Article 16a – paragraph 6
6. Where another Union act governing specific financial services contains rules on the information to be provided to the consumer prior to the conclusion of the contract, oand even if it does not provide for any information to be supplied in this respect, the application of the provisions of Article 16a of this Directive is excluded. Only the pre-contractual information requirements of that Union act shall apply to those specific financial services, unless provided otherwise in that act.
Amendment 155 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 1 – subparagraph 2 –point b
Article 16b – paragraph 1 – subparagraph 2 –point b
(b) the day on which the consumer receives the contractual terms and conditions and the information in accordance with Article 16a,, provided Article 16a is applicable or other Union act with requirements of pre-contractual information, receives such information if that is later than the date in point (a) of this subparagraph.
Amendment 159 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2– point a
Article 16b – paragraph 2– point a
(a) consumer financial services whose price depends on fluctuations in the financial market outside the traders control, which may occur during the withdrawal period, such as, but not limited to, services related to:
Amendment 160 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU
— foreign exchangeinancial instruments as defined in Annex I, Section C of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (Mifid II);
Amendment 161 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a –indent 2
Article 16b – paragraph 2 – point a –indent 2
— money marpackaged retail and insurance- based investment product’ or ‘PRIIP’, as defined in Article 4 of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on kety instruments; transferable securitiesformation documents for packaged retail and insurance-based investment products (PRIIPs);
Amendment 162 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 3
Article 16b – paragraph 2 – point a – indent 3
Amendment 163 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 4
Article 16b – paragraph 2 – point a – indent 4
Amendment 164 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 6
Article 16b – paragraph 2 – point a – indent 6
Amendment 165 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 2 – point a – indent 7
Article 16b – paragraph 2 – point a – indent 7
Amendment 177 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5– subparagraph 1
Article 16b – paragraph 5– subparagraph 1
Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides on-line adequate and comprehensive information aimed at ensuring an easy and conscious withdrawal from the contract, while the trader may provide a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from CIf this withdrawal button is offered by the trader, it shall be clearly labelled “Cancel the contract’” or a corresponding unambiguous formulationformulation without ambiguity.
Amendment 180 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.
Amendment 192 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e
Article 16e
Amendment 118 #
2022/0115(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. For most of these products, the link between quality and origin is provided by the tradition of production, so it is appropriate that this regulation can protect geographical names that coincide with the names of specific places or regions where the tradition of production in question is present in a known and established way. __________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 123 #
2022/0115(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Member States should have the possibility to charge a registration fee to cover their costs of managing the geographical indication system for craft and industrial products. Member States should charge lower fees for micro, small or medium-sized enterprises (MSMEs). The Office should not charge a fee for the management of the Union application process. However, the Office should have the possibility to charge a fee for the direct registration. In that case, the fees charged by the Office should be laid down by an implementing act in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council14 . __________________ 14 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 127 #
2022/0115(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To qualify for protection in the Member States, geographical indications should be registered only at Union level. However, with effect from the date of application for such registration at Union level, Member States should be able to grant temporary protection at national level without affecting the internal market of the Union or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Office should carry out the corresponding procedures for geographical indications originating in third countries.
Amendment 129 #
2022/0115(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The procedures for registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union under this Regulation should be carried out by the Member States and the Office. The Member States and the Office should be responsible for distinct stages of the procedures. Member States should be responsible for the first stage, which consists of receiving the application from the applicants, assessing it, running the national opposition procedure, and, following the positive results of the assessment, submitting the Union application to the Office. The Office should be responsible for examining the applications in the second stage of the procedure, running the worldwide opposition procedure at the European level and taking a decision on granting or refusing the protection to the geographical indication. The Office should also carry out the corresponding procedures for geographical indications originating in third countries, without prejudice to the direct registration procedure.
Amendment 132 #
2022/0115(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) It is possible for certain Member States to obtain a derogation from the Member States’ obligation to designate a national authority in respect of geographical indications for craft and industrial products to take charge of the procedures for registration, national opposition, amendments to the product specification and cancellation of the registration under certain circumstances specified in this Regulation. That derogation, that should take the form of a Commission Decision, takes into account the fact that certain Member States do not have a specific national system for the management of geographical indications for craft and industrial products and that the local interest in these countries to protect these geographical indications is minimal. Under these circumstances, it would not be justified to oblige the respective Member State to set up an infrastructure, employ the necessary personnel and purchase facilities for the management of these geographical indications. It is more effective and economical to provide an alternative procedure for the producer groups from these Member States to protect their products by a geographical indication. The “direct registration procedure” has cost advantages reaped by Member States. Pursuant to this derogation, procedures for registration, amendments to the product specification and cancellation should be managed directly by the Office. In this regard the Office should receive the effective assistance of the administrative authorities of that Member State when required by the Office, through designation of a contact point, as regards in particular aspects related to the examination of the application. In those cases, the Office should be entitled to charge a registration fee, considering that this procedure generates more work for the Office than the management of Union applications. However, the application of the “direct registration procedure” should not exempt Member States from the obligation to designate a competent authority for the controls and enforcement and to take the necessary actions to enforce the rights set out in this Regulation. The competent authority maintained or designated for the management of the geographical indications and the competent authority designated for the controls and enforcement may differ, when a Member State so decides.
Amendment 136 #
2022/0115(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 144 #
2022/0115(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The use of Union symbols and indications on the packaging of craft and industrial products designated by a geographical indication should be recommended in order to make this category of products, and the guarantees attached to them, better known to consumers and to permit easier identification of these products on the market, thereby facilitating checks. The use of such symbols or indications should remain voluntary for third-country geographical indications.
Amendment 156 #
2022/0115(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the registration, protection, control and enforcement of certain names that identify craft and industrial products with given quality, reputation or other characteristics linked to their geographical origin and,
Amendment 159 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to craft and industrialnon- agricultural and non-food products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724 Products covered by Regulation (EU) 2019/787 of the European Parliament and of the Council, Regulation (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1151/2012 of the European Parliament and of the Council are also excluded from the scope of this Regulation. __________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
Amendment 163 #
2022/0115(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 168 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand ormade by undertakings that national law defines as artisan, with the aid of manual tools or by mechanical means, whenever or digital means, including withe direct manual contribution is the mostinput during the production process which constitutes an important component of the finished product;
Amendment 176 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
Amendment 181 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations;
Amendment 184 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in anyone or more production step of a product the name of which is protected as a geographical indication, including processing activities, covered by the product specification;
Amendment 185 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point i
Article 3 – paragraph 1 – point h – point i
(i) the common names of products in the Union or the names of products which, although relating to the place, region or country where the product was originally produced or marketed, have become the common name of a product in the Union or do not have a given quality, reputation or other characteristics traditionally linked to their geographical origin;
Amendment 186 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h – point ii
Article 3 – paragraph 1 – point h – point ii
(ii) a common term descriptive of the type of product, or product attributes or other terms that do not refer to specific product;
Amendment 194 #
2022/0115(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
For the name of a craft andor industrial product to qualify for “geographical indication” protection, the product shall comply with the following requirements:
Amendment 201 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 203 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. A single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled: if the person concerned is the only producer willing to submit an application for the registration of a geographical indication.
Amendment 204 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 205 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 208 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In the case of a geographical indication that designates a cross-border geographical area, producer groups from different Member States may lodge a joint application for the registration of a geographical indication from either Member State. When the cross-border geographical area concerns a Member State and a third country, they may lodge a joint application for registration with the national authority of the Member State concerned. When the cross-border geographical area concerns several third countries, several producer groups may lodge a joint application with the Office.
Amendment 210 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Craft and industrial products the names of which are registered as a geographical indication shall comply with a product specification, which shall include at least:
Amendment 211 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or a name used in trade or in common language to describe the specific product in the defined geographical area or both;
Amendment 227 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point i a (new)
Article 8 – paragraph 1 – point a – point i a (new)
(ia) the type of products;
Amendment 229 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii a (new)
Article 8 – paragraph 1 – point a – point ii a (new)
(iia) a description of the method of producing or obtaining the product, where appropriate, the traditional method and specific practices used;
Amendment 232 #
2022/0115(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 233 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 236 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, for the administrative costs of filing applications the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation of micro, small and medium-sized enterprises, enabling them full access to the protection of geographical indications and the safeguarding of their intellectual property rights.
Amendment 240 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 242 #
2022/0115(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 245 #
2022/0115(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. TIn the case of geographical indication that designates a cross-border geographical area, two or more Member States may agree that the competent authority of one Member State is in charge of the national phase of the registration and other procedures, including the submission of the Union application to the Office, also on behalf of the other Member State, or Member States.
Amendment 248 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. The competent authority shall, where appropriate, enter into consultation with the most representative local, regional or national sector associations to obtain their opinion.
Amendment 252 #
2022/0115(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The competent authority shall establish the detailed arrangements of the opposition procedure. Those detailed arrangements may include criteria for the admissibility of an opposition, a period of consultation between the applicant and each national opponent, and submission of a report from the applicant on the outcome of the consultations including any changes the applicant has made to the application. When the national opposition procedure is concluded, the competent authority shall draw up and publish a report.
Amendment 269 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 272 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. A joint application for registration referred to in Article 6(4) shall be submitted to the Office by one of the Member States concerned or by the applicant producer group in a third country, directly or by the competent authority of that third country. If the cross- border area concerns any Member State and a third country, the joint application shall be submitted by the Member State concerned.
Amendment 274 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The joint application referred to in Article 6(4) shall include, where relevant, the documents listed in paragraphs 1 and 2 of this Article, from the Member States or third countries, in case of a cross-border geographical area with one or more non-EU countries, from a third country concerned. The related national procedure for application, the examination and opposition procedure referred to in Articles 11, 12 and 13 shall be carried out in all the Member States and from a third countriesy concerned.
Amendment 276 #
2022/0115(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 277 #
2022/0115(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 279 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Office may seek supplementary information from the Member State concerned. If the application is lodged by a producer group from a third country or by the competent authority of a third country, such producer group or competent authority shall provide supplementary information where requested to do so by the Office.
Amendment 280 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2).
Amendment 289 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 292 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Paragraph 5 shall apply mutatis mutandis to a geographical indication referring to a cross-border geographical area swituated inh a third country, with the exception of the opposition procedure.
Amendment 295 #
2022/0115(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 306 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Union amendments shall be approved by the Office or, where Article 25 applies, the Commission. The approval procedure shall follow mutatis mutandis the procedure and publication requirements laid down in Articles 6 to 254.
Amendment 307 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 8
Article 28 – paragraph 8
8. Standard amendments shall be approved by Member States or third countries in whose territory the geographical area of the product concerned is located. Such amendments shall be communicated to the Office. Where Article 25 applies, the Office shall approve the standard amendments. The Office shall make those amendments public in the Union register of geographical indications for craft and industrial products.
Amendment 309 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. The Office may, own its own initiative or on a duly substantiated request by a Member State, a third country or any natural or legal person having a legitimate interest, decide to cancel the registration of a geographical indication in the following cases:
Amendment 313 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Article 6 and Articles 19 to 254 shall apply mutatis mutandis to the cancellation procedure.
Amendment 314 #
2022/0115(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Before deciding to cancel the registration of a geographical indication, the Office shall consult the competent authority of the Member State, the competent authorities of the third country or,or where possible, the third country producer group which had applied for the registration of the geographical indication concerned, unless the cancellation is directly requested by the original applicants. Any natural person affected by the cancellation of the registration of a geographical indication may submit observations during the cancellation procedure. If the geographical indication was registered pursuant to Article 15, the Office shall consult the Advisory Board referred to in Article 33.
Amendment 326 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Geographical indications entered in the Union register of geographical indications for craft and industrial products and geographical indications protected under an international agreement within the Union shall be protected against:
Amendment 328 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) any direct or indirect commercial use of the geographical indication in respect of products not covered by the registration, where those products are identical or similar to the products registered under that geographical indication or where use of the name exploits, weakens, dilutes, or is detrimental to the reputation of, the protected geographical indication even if these products are parts or components of manufactured products;
Amendment 331 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, counterfeiting, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, even if these products are parts or components of manufactured products;
Amendment 334 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. For the purposes of paragraph 1, point (b), the evocation of a geographical indication shall be deemed to arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear linkclear link is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
Amendment 336 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group or any producer that is entitled to usethe holder of the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
Amendment 342 #
2022/0115(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Generic terms not associated with names of a specific place, region or country shall not be registered as a geographical indication.
Amendment 343 #
2022/0115(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 345 #
2022/0115(COD)
Proposal for a regulation
Article 39
Article 39
A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.rticle 39 deleted Trade marks
Amendment 347 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States or the Office, when Article 15 applies, shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the work of the producer group.
Amendment 349 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point a
Article 40 – paragraph 2 – point a
(a) develop and amend the product specification and manage internal controls that ensure compliance of production steps of product designated by the geographical indication with that specification;
Amendment 352 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) take legal action to ensure the protection of the geographical indication and of the intellectual property rights that are directly connected with it and prevent and counteract any measures that are or risk being detrimental to the image of their products;
Amendment 353 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point c
Article 40 – paragraph 2 – point c
(c) agree sustainability undertakings, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with these undertakings and assuring adequate publicity for them in particular in an information system provided by the Commission;
Amendment 355 #
2022/0115(COD)
Proposal for a regulation
Article 40 – paragraph 2 – point d – point v
Article 40 – paragraph 2 – point d – point v
(v) providing advice and training to current and future producers, including on gender mainstreaming and equality; and
Amendment 358 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Office and, when applicable, the competent national authorities shall invalidate ex officio trade marks registered in breach of paragraph 1.
Amendment 360 #
2022/0115(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, or protected within the territory of the Union before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and reneweduntil the expiry of the trade mark registration, notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632 of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. After the expiry of the trade mark registration, products so labelled may be marketed until the stocks are exhausted. __________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
Amendment 361 #
2022/0115(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
Amendment 364 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The geographical indication shall be in the same field of vision as the Union symbol.
Amendment 365 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products designated by a geographical indication of craft and industrial products and, where applicable, on the advertising material.
Amendment 367 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
Amendment 369 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, may appear on the labelling and, where applicable, on advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
Amendment 370 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 7
Article 44 – paragraph 7
Amendment 371 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – introductory part
Article 44 – paragraph 8 – introductory part
8. TIn order not to mislead the reasonably cautious consumer as to the origin of the products, the following mayshall also appear on the labelling:
Amendment 372 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – point a
Article 44 – paragraph 8 – point a
(a) depictions of the geographical area of origin, as referred to in the product specification; and
Amendment 373 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – point b
Article 44 – paragraph 8 – point b
(b) text, graphics or symbolindication of the country of origin of the product ("Made in [country of origin]") and emblems or flags referring to the Member State or the region in which that geographical area of origin is located.
Amendment 374 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 8 – subparagraph 1 (new)
Article 44 – paragraph 8 – subparagraph 1 (new)
Where the size or nature of the product does not allow for the indications in (a) and (b), such information shall be provided on the packaging or in a document accompanying the product.
Amendment 375 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 9
Article 44 – paragraph 9
Amendment 378 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 380 #
2022/0115(COD)
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs, in particular for micro, small, medium-sized enterprises.
Amendment 383 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The enforcement authority shall carry out controls, based on a risk analysis and notifications of interested producers of products designated by geographical indications, to ensure conformity with the product specification or the single document or an equivalent to the latter.
Amendment 386 #
2022/0115(COD)
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. As provided for in Article 47(c), applicant producer groups as referred to in Article 6, which obtained the registration of the geographical indication, shall be entitled to notify the authorities designated pursuant to paragraph 1 in order for them to carry out checks as provided for in this Title. In such cases, upon request by the associations, the authorities shall provide information on the progress of the process initiated by such notification.
Amendment 396 #
2022/0115(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point 7 – point b
Article 60 – paragraph 1 – point 7 – point b
Regulation (EU)2019/1753
Article 7 – paragraph 2
Article 7 – paragraph 2
In respect of craft and industrial geographical indications, the decision whether to grant protection shall be adopted by the Office, or, in cases referred to in Article 25 of Regulation (EU) 2022/…, by the Commission.. The related implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 399 #
2022/0115(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. In accordance with the procedure laid down in Articles 17 to 254, the Office or, in cases referred to in Article 25, the Commission shall register the names referred to in paragraph 2 of this Article, which comply with Articles 2, 5, 7 and 8. Article 21 and 22 shall not apply. However, generic terms shall not be registered.
Amendment 294 #
2022/0094(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order for a construction product covered by a harmonised technical specification to be placed on the market, the manufacturer is obliged to draw a declaration of performance for such product. The manufacturer assumes the responsibility for the conformity of the product with such declared performance. Certain exemptions to this obligation are provided.
Amendment 303 #
2022/0094(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 309 #
2022/0094(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) To provide predictability for manufacturers, public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
Amendment 313 #
2022/0094(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance fore intermediary products concerned are heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building- integrated photovoltaic panels. In this respect, a detailed definition of energy- related products together with a full list of energy-related products which are also construction products shall be drafted by the European Commission within the framework of the [ESPR] with the aim to avoid unnecessary legislative overlaps and duplications of sustainability requirements which may hinder the internal market. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
Amendment 319 #
2022/0094(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) To create transparency for users of construction products and to avoid inappropriate use of those products, construction products and their intended use should be precisely identified by the manufacturer. For the same reason, the manufacturer should make clear whethern the construction products are intended for professional use only, or also for use by consumers. To ensure that construction products can be traced back, manufacturers should be indicated on the product or, where this is not possible e.g. due to the product’s size or surface, on its packaging or, where that is not possible either, in a document accompanying it.
Amendment 325 #
2022/0094(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 326 #
2022/0094(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 338 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
Amendment 339 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) rules on how to express the environmental, including climate, and safety performance of construction products in relation to their essential characteristics;
Amendment 343 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) environmental, including climate, functional and safety product requirements for construction products.
Amendment 345 #
2022/0094(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation also establishes obligations incumbent on economic operators dealing with construction products or their components or with products that could be regarded as construction products whilst not being intended by their manufacturer to be construction products.
Amendment 351 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;
Amendment 355 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point b
Article 2 – paragraph 1 – subparagraph 1 – point b
(b) materials intended to be used for the 3D-printing of construction products on or close to the construction site or for the manufacturing using moulds on or close to the construction siter for the manufacturing using moulds;
Amendment 358 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
Article 2 – paragraph 1 – subparagraph 1 – point c
Amendment 361 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f
Article 2 – paragraph 1 – subparagraph 1 – point f
Amendment 364 #
2022/0094(COD)
Amendment 367 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Amendment 380 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) boilers, pipes, tanks and ancillaries and other products intended to be in contact with water for human consumption;
Amendment 382 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 385 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
Amendment 388 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e
Article 2 – paragraph 3 – point e
Amendment 392 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
Article 2 – paragraph 3 – point e a (new)
(e a) photovoltaic elements other than building-integrated photovoltaic (BIPV) elements;
Amendment 393 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point e b (new)
Article 2 – paragraph 3 – point e b (new)
(e b) Electrical and electronic products which are not included in products in line 1-32 of the table I of Annex IV.
Amendment 395 #
2022/0094(COD)
Amendment 397 #
2022/0094(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 403 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical item, including its packaging and instructions for use, or a kit or assembly combining such items, that isproduct or kit which is produced and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items that are necessarily first integrated into an assembly, kit or other construction product prior to being incorporated in a permanent manner in construction worksand the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works, including3D-printed products or other items covered by this Regulation in accordance with Article 2(1) to (3);
Amendment 405 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstalled or affixed in such a manner that may significantly affect the basic work requirements and that the item cannot be removed without tools or mechanical force;
Amendment 408 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 412 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 418 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘product requirements’ means a threshold level or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be provided;
Amendment 422 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider, the 3D- printing service provider, manufacturer, importer or distributor of materials intended for 3D-printing of products, online seller, the broker, the supplier, the service provider, the own- brand-labeller or any other natural or legal person, other than authorities, notified bodies, technical assessment bodies and product contact points for construction who is subject to this Regulation in relation to the manufacturing, de- installation for re-use, re-manufacturing or repackaging of products, or making those products available on the market or installing those products directly in accordance with this Regulation, and economic operators as defined in Article 3, point (13) of Regulation (EU) 2019/1020 of the European Parliament and of the Council44 ; _________________ 44 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 424 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
Amendment 427 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
Amendment 430 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
Amendment 432 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15
Article 3 – paragraph 1 – point 15
Amendment 434 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘level’ means the result of the assessment of the performance of a product in relation to its essential characteristics, expressed as a numerical valueexpression of performance without a classification of potential performances and/or a specified minimum or maximum;
Amendment 435 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
(17) ‘class’ means a range of levels, delimited by a minimum and a maximum value, of performance of a productn expression of performance according to a systematic division of potential performances;
Amendment 439 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
Amendment 440 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 25
Article 3 – paragraph 1 – point 25
(25) ‘intended use’ means the use intended by the manufacturer, including the conditions for usage, as laid out in technical documentation, on labels, in instructions for use, or in publicity material, whilst usages mentioned only in one of these are already part of the ‘intended use’intended use as determined by the manufacturer of the construction product as defined in the applicable harmonised technical specification;
Amendment 452 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
Amendment 464 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 48
Article 3 – paragraph 1 – point 48
Amendment 465 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
Amendment 467 #
2022/0094(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 57
Article 3 – paragraph 1 – point 57
(57) ‘broker’ means any natural or legal person providing an intermediation service for the placing on the market or direct installation of products;
Amendment 488 #
2022/0094(COD)
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods.
Amendment 492 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3 a (new)
Article 4 – paragraph 2 – subparagraph 3 a (new)
These standardisation requests shall be issued in accordance with the working plan established in accordance with Article 93a.
Amendment 495 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 522 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 532 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. IWhile priority shall be given to the elaboration of standards in order to cover the regulatory needs of Member States and to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation(EU) No 1025/2012, by determining, for particular product families and categories, the following:
Amendment 539 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, after consultation of the relevant European stakeholder organisations, is empowered to amend Annex I Part A by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects.
Amendment 547 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product requirements set out in Annex I Part D and, satisfy the product requirements laid down in Annex I Part B, C and C asD when specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B, C and CD are only applicable where they have been specified in accordance with paragraph 2.
Amendment 557 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
Amendment 562 #
2022/0094(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission, after consultation with European stakeholder organisations, is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
Amendment 570 #
2022/0094(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Assessment and verification systems and their product specific modalities
Amendment 573 #
2022/0094(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 578 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potential legal requirements for products other than those covered by other Union lawconstruction products.
Amendment 582 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. This Regulation does not hinder Member States to introduce mandatory deposit-refund systems, to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste, provided that all of the following is complied with:
Amendment 589 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States may ban the destruction of non-custom-made products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.
Amendment 596 #
2022/0094(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. By drawing up the declaration of performance, the manufacturer assumes responsibility for the conformity of the product with such declared performance and becomes liable in accordance with Union and national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In the absence of objective indications to the contrary, Member States shall presume the declaration of performance drawn up by the manufacturer to be accurate and reliable.
Amendment 597 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the product is, otherwise than by 3D-printing or already existing moulds, individually manufactured or custom-made in a non- series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules, and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;
Amendment 598 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the product is otherwise than by 3D-printing or already existing moulds manufactured on the construction site, in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or
Amendment 599 #
2022/0094(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 612 #
2022/0094(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”ve purposes. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product with decorative purposes”.
Amendment 619 #
2022/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. By the declaration of conformity, the manufacturer assumes responsibility for the conformity of the product with the product requirements and becomes liable in accordance with national laws on contractual and extra-contractual liability, and this even where it did not act negligently. In case of non-compliance or absence of a declaration of conformity, the product may not be made available on the market. In the absence of objective indications to the contrary, Member States shall presume the declaration of conformity drawn up by the manufacturer to be accurate and reliable.
Amendment 627 #
2022/0094(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Declarations may contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information if those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinkdocuments containing the requested information.
Amendment 643 #
2022/0094(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or a declaration of performance and conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
Amendment 649 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point d
Article 17 – paragraph 2 – subparagraph 1 – point d
(d) the unique identification code of the product-type, the permalink to the manufacturer’s products registration(s) in Union databases and the precise location therein where the product can be found;
Amendment 651 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 – point g
Article 17 – paragraph 2 – subparagraph 1 – point g
Amendment 653 #
2022/0094(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The CE marking shall be affixed before the product is placed on the market or directly installed into a construction work. It may be subsequently followed by a pictogram or any other mark indicating a special risk or use.
Amendment 659 #
2022/0094(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
Markings other than the CE marking, including private ones, may contain additional information that could help users to make an informed choice on which product would be best suited for the needs of their construction work
Amendment 661 #
2022/0094(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 664 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 666 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1 – point c
Article 19 – paragraph 3 – subparagraph 1 – point c
Amendment 671 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point iii
Article 19 – paragraph 3 – subparagraph 2 – point iii
(iii) email addresses, and websites and social media profiles, if any, of these operators;
Amendment 672 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
Article 19 – paragraph 3 – subparagraph 2 – point v
Amendment 678 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The manufacturer shall determine the product type, respecting the boundaries set up therefore by the definition provided in Article 3 point (31). The product type shall be processed in accordance with the applicable assessment and verification system set out in Annex V. The manufacturer shall draw up a declaration of performance and a declaration of conformity in accordance with Articles 9 and Articles 11 to 15 and affix the CE marking in accordance with Articles 16 and 17.
Amendment 679 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 682 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
The manufacturer shall, as the basis for the declarations referred to in paragraph 1, draw up a technical documentation describing the intended use including the precise conditions for use and all the elements necessary to demonstrate performance and conformity.
Amendment 683 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
That technical documentation shall contain the mandatory or facultative calculation of environmental, including climate sustainability assessed in accordance with harmonised technical specifications adopted under this Regulation or with Commission acts adopted under this Regulation.
Amendment 684 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
The manufacturer shall ensure that its product bear a manufacturer-specific type number and, a batch or serial number or any other element allowing their identification. If this is impossible, the required information shall be provided on the packaging, on an affixed tag or, as last resort, in a document accompanying the product.
Amendment 687 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The manufacturer shallmay in the same way as set out in the first subparagraph label a product as “Only fFor professional use” if it is not intended for consumers or other non-professional usersappropriate to have some kind of expertise in order to use the product. Products not labelled “Only fFor professional use” shall be deemed to be also intended for non- professional users and consumers in the meaning of this Regulation and the Regulation (EU) … [Regulation on General Product Safety].
Amendment 692 #
2022/0094(COD)
Proposal for a regulation
Article 21 – paragraph 9
Article 21 – paragraph 9
9. Where the product presents a risk or is likely to present a risk, the manufacturer shall within two working days thereof inform, the manufacturer shall inform without undue delay the authorised representative, importers, distributors, fulfilment service providers, and online market places involved in the distribution, as well as the competent national authorities of the Member States in which the manufacturer or – to its knowledge – other economic operators made the product available. The manufacturer shall, to that effect, provide all useful details and, in particular, specify the type of the non- compliance, the frequency of accidents or incidents and the corrective measures taken or recommended. In case of risks caused by products which have already reached the final user or consumer, the manufacturer shall also alert the media andat cannot be identified or contacted directly. The manufacturer shall through media and other appropriate channels, ensuring the widest possible reach, disseminate the inform themation about appropriate measures to eliminate or, if not possible, to reduce the risks. In case of a “serious risk” in the meaning of Article 3, point (71) the manufacturer shall withdraw and recall the product at their own cost.
Amendment 695 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point c
Article 22 – paragraph 2 – subparagraph 1 – point c
(c) respect the minimum recycled content obligations and other limit values regarding aspects of environmental, including climate sustainability contained in harmonised technical specifications; sustainability as assessed per each product category. Minimum recycled content obligations should be set by the European Commission after consulting with industry stakeholder
Amendment 697 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 698 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 702 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Authorised representatives shall act with due care in relation to the obligations of this Regulation. They shall be liable for gross negligence or conscious infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
Amendment 703 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point c
Article 23 – paragraph 3 – subparagraph 1 – point c
(c) terminate the contract, when deemed appropriate, where the manufacturer infringes this Regulation and inform thereof the competent national authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business;
Amendment 704 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point d
Article 23 – paragraph 3 – subparagraph 1 – point d
(d) when having reason to believe that a product in question is non-compliant or presents a risk, inform the manufacturer and the national competent authorities of the Member States where the product is placed on the market and the national competent authority of his own place of business thereof; and
Amendment 705 #
2022/0094(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Where an authorised representative considers that there iidentifies a non-compliance mentioned in the paragraph 4, the authorised representative shall ask the manufacturer to remedy the non- compliances. The manufacturer shall thereon stop the placing on the market and ask other economic operators involved in the distribution to stop their commercial activities, until the authorised representative regards the infringements as remedied. Where the non-compliances are not remedied within one month whilst products possibly continue to be made available on the market, the authorised representative shall be allowed to terminate his contract with the manufacturer and thereof inform the national competent authorities of the Member States where the products are placed on the market and the national competent authority of his own place of business. The latter shall coordinate joint actions of all competent authorities, unless the national competent authorities agree on another national competent authority to coordinatenon-compliance is remedied.
Amendment 706 #
2022/0094(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 708 #
2022/0094(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The importer shall investigate complaints, and, if necessary, keep a register of complaints, of non-conforming products and of product withdrawals or recalls, and shall keep manufacturers and distributors informed of any such monitoring.
Amendment 710 #
2022/0094(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. When making a product available on the market, the distributors shall verify at a documentary level that the manufacturer and the importer have complied with the requirements set out in Article 21(1), (5) and (6) and where applicable in Article 22(2), points (f) and (i) and shall fulfil the obligations incumbent on importers in accordance with Article 24(13) to (5) whilst references to “placing on the market” shall be understood as “further making available on the market”.
Amendment 712 #
2022/0094(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 717 #
2022/0094(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. When contributing to the making available on the market or direct installation of a product, fulfilment service provider or broker shall act with due care in relation to the obligations of this Regulation. It shall be liable for infringement of this Article and of Article 19 in accordance with national law on contractual and extra-contractual liability.
Amendment 718 #
2022/0094(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 719 #
2022/0094(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 722 #
2022/0094(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 727 #
2022/0094(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 731 #
2022/0094(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 734 #
2022/0094(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products product not covered by:
Amendment 745 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point a
Article 40 – paragraph 1 – point a
(a) a description of the kind or category of products product covered; and
Amendment 747 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind or category of products product as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
Amendment 749 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Principles for the applicable factory production control to be applied shall be set out in the European assessment document, taking into account the conditions of the manufacturing process of the kind or category of products product concerned.
Amendment 750 #
2022/0094(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the performance of some of certain essential characteristics of the kind or category of products product can appropriately be assessed with methods and criteria established in harmonised technical specifications or European assessment documents, those existing methods and criteria shall be incorporated as parts of the European assessment document, unless there are good reasons to deviate from this rule.
Amendment 775 #
2022/0094(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a voluntary Union construction products database or system where information related to showing compliance with this regulation can be stored or linked to. This initiative should that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
Amendment 792 #
2022/0094(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall support economic operators by product contact points for construction. Member States shall designate and maintain at least one product contact point for construction on their territory and shall ensure that their product contact points for construction have sufficient powers and adequate resources for the proper performance of their tasks and at any rate at least one full- time equivalence per Member State and one additional full-time equivalence per each ten millions of inhabitants. They shall ensure that product contact points for construction deliver their services in accordance with Regulation (EU) 2018/172449 and that they coordinate with the contact points for mutual recognition established by Article 9(1) of Regulation (EU) No 2019/51550 . _________________ 49 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012; OJ L 295, 21.11.2018, p. 1–38. 50 Regulation (EU) 2019/515 of the European Parliament and of the Council of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008; OJ L 91, 29.3.2019, p. 1–18.
Amendment 794 #
2022/0094(COD)
Proposal for a regulation
Article 82 – paragraph 1 – introductory part
Article 82 – paragraph 1 – introductory part
1. The Commission after consultation with the Member states may cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
Amendment 797 #
2022/0094(COD)
Proposal for a regulation
Article 83
Article 83
Amendment 804 #
2022/0094(COD)
Proposal for a regulation
Article 84
Article 84
Amendment 833 #
2022/0094(COD)
Proposal for a regulation
Article 88 – paragraph 1
Article 88 – paragraph 1
1. The Commission shall be assistguided by the Committee on Construction Products. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply (advisory procedure).
Amendment 839 #
2022/0094(COD)
Proposal for a regulation
Article 90 – paragraph 4
Article 90 – paragraph 4
Amendment 849 #
2022/0094(COD)
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045.10 years after entry into force of this Regulation
Amendment 858 #
2022/0094(COD)
Proposal for a regulation
Article 93 a (new)
Article 93 a (new)
Article 93 a Prioritisation and planning 1. The Commission shall adopt by six months after entry into force of the Regulation and regularly update a working plan, covering a period of at least 3 years, setting out a list of product families or categories it intends to establish obligations and the necessary standardisation requests to be adopted in accordance with this Regulation. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
Amendment 861 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part A – point 1 – paragraph 4
Annex I – Part A – point 1 – paragraph 4
Amendment 903 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part D – point 1 – introductory part
Annex I – Part D – point 1 – introductory part
1. PWhere the information is not already provided with the declaration of performance, products shall be accompanied by the following information:
Amendment 35 #
2022/0066(COD)
(4a) It is important not to disparage the role of the family, which is the first refuge and place of support for women who are victims of violence. The family also represents values and upbringing, which can help a woman who is a victim of violence to report the perpetrator and set an example for a child.
Amendment 52 #
2022/0066(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39, the United Nations Convention on the Rights of Persons with Disabilities and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), Council of Europe, 2011.
Amendment 54 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender-based violence.
Amendment 107 #
2022/0066(COD)
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51a) Discrimination against a woman because she is a mother constitutes a form of violence against women at the workplace. The birth of a child should not be a problem for a woman at the workplace, but should be perceived as an opportunity. This directive should consequently ensure preventive and protective measures with the aim of combating the 'motherhood penalty' phenomenon, which constitutes a form of discrimination and violence in the workplace.
Amendment 124 #
2022/0066(COD)
Proposal for a directive
Recital 57
Recital 57
(57) Women with disability disproportionately experience violence against women and, including domestic violence, and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
Amendment 126 #
2022/0066(COD)
Proposal for a directive
Recital 57 a (new)
Recital 57 a (new)
(57a) The European Disability Charter should play a key role for women with disabilities who ask for help and report the perpetrator of violence. Indeed, the European Disability Card is useful in enabling the police and rescue services to recognise immediately the complainant's disability status.
Amendment 163 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) “"victim”" means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;
Amendment 237 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including women with disabilities and women with dependent children.
Amendment 244 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 4 – point a (new)
Article 27 – paragraph 4 – point a (new)
(a) Victim protection and assistance services shall be provided as far as possible in accordance with the right of subsidiarity; Member States shall accordingly provide the local authorities able to assist the victim most directly at municipal or regional level with suitable economic and human resources.
Amendment 301 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8 – point a (new)
Article 36 – paragraph 8 – point a (new)
(a) Member States shall ensure that policies are in place to prevent workplace discrimination against women as mothers. They shall also provide for the creation of specific channels of complaint regarding such cases of discrimination.
Amendment 243 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In order to reach security of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14. Member States should be able to provide State aid equal to that provided by third countries in the chip production and in the supply chain. All State aid financing initiatives in this field shall be deducted from the deficit calculation.
Amendment 245 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. European structural funds may be used to co-finance initiatives authorised under the Chips Act Regulation, and the Member States' part of the co-financing shall be deducted from the deficit calculation.
Amendment 48 #
2021/2251(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that even if the economic effects of the RRF cannot be fully disentangled from other developments, it seems fair to conclude that, so far, the RRF has had and will have in the coming years limited positive effects on gross domestic product (GDP) and that its effective implementation will be key, but insufficient for the EU’s economic growth; recognises that the RRF has helped to cushion EU economies and citizens from the most acute impacts of the COVID-19 pandemic and is positively contributing to the EU’s recovery and resilience; despite the fact that most of the contribution to investment comes from the expenditure provided from national budgets, as certified by the European Commission's autumn 2021forecasts;
Amendment 61 #
2021/2251(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that, according to the Commission, the real GDP of the EU-27 could be around 1.5 % higherCalls on the Commission to recalculate the real GDP of the EU-27 in 2024, than withaking into account NGEU investments19 , when implemented effectivelythe increased energy prices and the Russo-Ukrainian War;; notes, furthermore, that the Commission forecasts that RRF grants will fund 24 % of total recovery support measures in 2022; __________________ 19 European Commission discussion paper 144, Quantifying Spillovers of Next Generation EU Investment, July 2021. https://ec.europa.eu/info/sites/default/files /economy-finance/dp144_en.pdf
Amendment 103 #
2021/2251(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Considering the unsustainable increase in raw material prices, strongly aggravated by the economic sanctions applied following Russian aggression in Ukraine, and the negative effects that this will have on a large part of the European economy, believes that is necessary a repositioning of the objectives, timeframes and conditionalities originally envisaged by the NGEU agenda in order to allow the requesting Member States to adapt their respective NRRPs to the changed needs;
Amendment 134 #
2021/2251(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Tasks the Commission with analysiBelieves that among the reasons why the Member States have not requested loans to the full extent of their allocation are the many conditionalities linked to these funds, which is why many countries have chosen to continue financing on their own in the markets;
Amendment 178 #
2021/2251(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes the fact that the Commission’s assessments concluded that all approved NRRPs address all six pillars of the RRF and satisfactorily fulfil all assessment criteria as set out in RRF Regulation and represent a balanced package of reforms and investments; considers that Member States could have better aligned their NRRPs to the six RRF pillars and the requirements of the RRF Regulthe assessment criteria of the RRF Regulation should be however revised to allow greater investment in gas and nuclear infrastructures, in order to achieve a fast and stable energy independence of European countries from the Russian Federation;
Amendment 190 #
2021/2251(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reminds the Commission that the rule of law conditionality mechanism is an essential component of the RRF; calls on it to refrain from approvingevaluate objectively and without external political pressure the NRRPs of Poland and Hungary as long as conc; considerns regarding the observance of the rule of law and the prevention and detection of and fight against fraud, conflicts of interest and corruption persist in those countries, and to ensure that all the measures set out paradoxical to block European funding to two of the countries at the forefront of migration management following their plans comply with EU values enshrined in Article 2 of the Treaty on European Union invasion of Ukraine;
Amendment 205 #
2021/2251(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that all approved NRRPs expect to reach the green target of at least 37 % set out in the RRF Regulation and that the overall climate expenditure of all approved NRRPs reaches almost 50 % or EUR 220 billion; questions the real added value of these investments in order to improve the safety of the Union's energy supplies;
Amendment 33 #
2021/2185(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Deplores the fact that the Commission allows dominant players on the digital market to pursue aggressive external growth strategies, making it impossible for a European champion to emerge in this sector.
Amendment 65 #
2021/2185(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to take account of the impact on jobs in Europe and on prices for consumers in the procedures to assess the different options put forward by DG Competition to companies looking to merge.
Amendment 67 #
2021/2185(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to adapt competition rules and ensure their enforcement in the digital sector to allow for the emergence of European giants capable of competing in global markets and offering European consumers competitive, safe and sovereign digital solutions that keep their data in Europe.
Amendment 69 #
2021/2185(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Commission to amend the rules to introduce a quota for European production in the digital sector to restore competitive market structures and respond to consumer demand.
Amendment 75 #
2021/2185(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for a quota or European preference to be introduced for local or European production in public procurement in the digital sector in Europe.
Amendment 103 #
2021/2185(INI)
Motion for a resolution
Paragraph 4 – point 1 (new)
Paragraph 4 – point 1 (new)
(1) Demands that as long as there are restrictions imposed by governments to contain the spread of the virus, all State aid necessary to support affected economic activities should be allowed, especially national schemes allowing moratoria on bank financing and direct grants to SMEs;
Amendment 121 #
2021/2185(INI)
Motion for a resolution
Paragraph 6 – point 1 (new)
Paragraph 6 – point 1 (new)
(1) Calls on the Commission to carry out an in-depth analysis of State aid granted by the Member States during the pandemic crisis and the major financial crisis in order to identify asymmetries in intervention and the resulting impacts on the free market;
Amendment 133 #
2021/2185(INI)
Motion for a resolution
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) Calls on the Commission to review the State aid framework, which often puts European companies at a disadvantage compared to non-EU competitors that are facilitated by less stringent State aid rules;
Amendment 159 #
2021/2184(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Believes that banks must be put in the best regulatory position to be able to continue to support the economic recovery and particularly European SMEs in the sectors most affected by the restrictive measures triggered by the health emergency; to this end, believes that EBA must adopt temporary flexibility in its rules for the classification of defaults to allow targeted and effective moratoria for viable businesses;
Amendment 222 #
2021/2184(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned about the rising level of sovereign debt on the balance sheets of banks in the BU; notes that government bondhadow banking and the exposure of Union banks; points out that the figures are not risk-free assets and that risks are differentiated; emphasises that the issue of regulatory treatment of sovereign exposures requires an in-depth examination of the consequences of different approachesported by the SSM analysis in its SREP 2021 exercise show a steady increase over time and that the related risks are not adequately supervised;
Amendment 264 #
2021/2184(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Draws attention to the dangers of a very loose monetary policy stimulating inflation; points out the need for the gradual tightening ofgrowing economic imbalances in the euro area; stresses the need to find a political agreement on economic governance quickly in order to enable the ECB to take sustainable monetary policy decisions;
Amendment 276 #
2021/2184(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Indicates that the trend towards consolidation in the banking sector is likely to increase as a result of the pandemic; recognises the challenges posed to banking supervision by large systemically important institutions, whose possible problems may affect financial stability in many jurisdictions; calls for a regulatory firewall between savings banks and investment banks, in order to improve the stability of the financial and banking system and to prevent financial and banking crises due to negative financial contagion effects between savings banks and investment banks, which have proven to be often at the very heart of financial and banking crises;
Amendment 109 #
2021/2097(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for greater transparency and scrutiny of banking transactions and money flows in those Member States where the phenomenon of tax avoidance and evasion by multinationals is most apparent;
Amendment 101 #
2021/2074(INI)
5. Notes that many Member States as well as the EU have introduced dedicated regimes favouring SMEs such as special VAT rules in order to offset the higher effective tax rates and higher tax compliance costs for SMEs; stresses that such special treatment, while is generally positive,; points out, however, that while, on the one hand, it could risk introducing further distortions and further increasing the overall complexity of the system, on the other, it is proving to be effective for very small SMEs whose business is mainly or exclusively conducted within a Member State;
Amendment 161 #
2021/2074(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Looks forward to the Commission’s proposal for a debt equity bias reduction allowance5 in order to facilitate the equitisation of companies; _________________ 5Commission communication of 18 May 2021 on business taxation for the 21st century (COM(2021)0251).
Amendment 73 #
2021/2063(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that the ECB's new objectives need to be geared primarily to achieving full employment;
Amendment 121 #
2021/2063(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Expresses concern at the imbalances in the currency area and believes the excessive current account surpluses in the balance of payments of some Member States should be addressed more resolutely;
Amendment 146 #
2021/2063(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes the quick and substantial ECB monetary policy response to the COVID-19 crisis in an emergency context and takes the view that the ECB needs to strengthen its role of lender of last resort for the euro area;
Amendment 202 #
2021/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that, as an EU institution, the ECB is bound by the Paris Agreement and that this should be reflected in its policies, taking into account the potential adverse effects on prices, especially of raw materials, and on employment, which may be created if an unpragmatic approach is adopted to the digital and green transition;
Amendment 217 #
2021/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Agrees with the ECB that tackling the climate emergency touches not only upon its secondary but also upon its primary mandate, given that climate change and its consequences pose a threat to price stability, and calls on the ECB in this context to maintain a cautious approach aimed at introducing an economically-sustainable ecological transition not driven by excessive ideological zeal;
Amendment 228 #
2021/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. WelcomNotes the ECB’s new action plan and its detailed roadmap of climate change-related actions to further incorporate climate change considerations into its policy framework;
Amendment 229 #
2021/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 253 #
2021/2063(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets the factNotes that green bond issuance in the EU represents only 2.6 % of the EU’s total bond issuance;
Amendment 265 #
2021/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the factNotes that the ECB is taking steps to incorporate climate-related risks into its collateral framework but warns against delays in its implementation; is concerned about the fact that the ECB continues to rely exclusively on private external credit rating agencies (CRAs) for risk assessment;
Amendment 322 #
2021/2063(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the need to carefully assess the systemic risks to the European banking system and for proper regulation of the non-banking financial sector, as it believes that financial risk is being underestimated, especially as regards exposure in the shadow banking system;
Amendment 17 #
2021/2061(INI)
Motion for a resolution
Recital A
Recital A
Amendment 110 #
2021/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the general escape clause of the Stability and Growth Pact will continue to be applied in 2022 and is expected to be deactivated as of 2023; notes, furthermore, that the decision to deactivate the general escape clause should be taken as an overall assessment of the state of the economy based on quantitative criteria, with the level of economic activity in the EU compared to pre-crisis levels as the key quantitative criterion; points out that country-specific situations will continue to be taken into account after the deactivation of the general escape clausebefore the deactivation of the general escape clause, the causes of the economic imbalances between Member States should be analysed in order to review the Stability and Growth Pact, better support growth and restore an adequate level of public investment;
Amendment 131 #
2021/2061(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concernedNotes that according to the baseline scenario of the Commission’s latest Debt Sustainability Monitor, the debt ratio in the euro area is to peak at 104.6 % in 2024 and 2025, while the debt ratio in the Union is to peak at 96.5 % in 2024, before declining once again;
Amendment 135 #
2021/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that coordination of national fiscal policies remains crucial inshould be overhauled to underpinning the recovery more effectively; notes that the overall fiscal stance, taking into account national budgets and the RRF, should remain supportive in 2021 and 2022;
Amendment 147 #
2021/2061(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that fiscal policy should remain agile and adjust to the evolving situation as warranted, and that a premature withdrawal of fiscal support should be avoided; further highlights the expectation that economic activity will gradually normalise in the second half of 2021 and agrees that Member States’ fiscal policies should become more differentiated in 2022remain accommodative in 2022 and for as long as it takes to return to pre- crisis economic levels, duly taking into account the state of the recovery, fiscal sustainability and the need to reduce economic, social and territorial divergences;
Amendment 168 #
2021/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that Member States with high debt should use the RRF to finance additional investment to support the recovery, while pursuing a prudent fiscal policy; stresses the importance of the Member States using the potential of the RFF to support the necessary structural changeinvestments and the transformation to more globally competitive, future-proof, agile industries; agrees that the growth of nationally financed current expenditure should be kept under control and be limited forprimarily oriented towards GDP growth through productive investment, fiscal and bureaucratic simplification, to allow Member States with high debt, allowing fiscal measures to maximise support to the recovery without pre- empting future fiscal trajectories and creating a permanent burden on public finances;
Amendment 171 #
2021/2061(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 246 #
2021/2061(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Is concerned that the excessive imbalance relating to the current account surplus in the balance of payments has never been properly managed by the European Commission in its assessments of macroeconomic imbalances;
Amendment 249 #
2021/2061(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Is further concerned about the rise in the level of private debt, which already exceeded 200% of GDP in several countries in the euro area in 2019; therefore calls for private debt to be regarded as an indicator alongside public debt when assessing a Member State’s overall debt position;
Amendment 251 #
2021/2061(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 256 #
2021/2061(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 278 #
2021/2061(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 20 #
2021/2048(REG)
Parliament's Rules of Procedure
Rule 213 – paragraph 1
Rule 213 – paragraph 1
1. At the first committee meeting after the appointment of committee members pursuant to Rule 209, and again two and a half years thereafter, the committee shall elect a bureau consisting of a Chair and of Vice-Chairs from among its full members in separate ballots. The number of Vice- Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; i. The Chair and the first Vice- Chair of a committee shall not be of the same gender or nationality or come from the same political group. The composition of the Committee bureaux shall fully reflect the political diversity of Parliament. It shall not be permissible to have an all male or all female bureau or for all of the Vice-Chairs to come from the same Member State.
Amendment 17 #
2021/2043(INI)
Motion for a resolution
Recital C
Recital C
C. whereas many barriers affecting the single market derive from incorrect or incomplete application of EU legislation; whereas the effective implementation of existing EU legislation and abolition of barriers depends on both the Commission and Member States;
Amendment 22 #
2021/2043(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas continuously evolving regulatory intervention at EU level might also adversely affect the single market, creating barriers such as high compliance costs in the business environment, especially for SMEs, and legal uncertainty for individual consumers as well;
Amendment 59 #
2021/2043(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to simplify the application of the current EU regulatory framework as well as refocus resources at issues plaguing the single market, in particular non-tariff barriers (NTBs), which continue to limit opportunities for consumers and businesses;
Amendment 64 #
2021/2043(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Regrets that in some cases EU regulations have increased social dumping and unfair competition within the single market instead of reducing them, thereby also discriminating against those companies and Member States that produce with very high social and environmental standards;
Amendment 76 #
2021/2043(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. States that the prerogative of Member States to regulate certain areas of public interest must remain unaffected, specifically in cases of multilevel governance where regions have implementing powers;
Amendment 108 #
2021/2043(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Regrets that some of the identified restrictions under the Services Directive come as a result of the legal uncertainty it has triggered since its entry into force with regard to its scope, in particular for SMEs in the tourism sector;
Amendment 117 #
2021/2043(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls on the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
Amendment 125 #
2021/2043(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines that provisions aimed at safeguarding consumers safety, working conditions and the environment as well as preserving the regional cultural heritage shall not be considered as barriers to the free movement of goods and services;
Amendment 135 #
2021/2043(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States; observes in this regard that the Commission is not reacting to unfair competition, both offline and online, which affects those sectors where Member States do not impose harmonised standards;
Amendment 164 #
2021/2043(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on the Commission and Member States to abolish unnecessary restrictions on cabotage, and calls for the opento boost the realisation of the ongoing projects in the Alpine (EUSALP) macro- region, such as the Brenner tunnel; calls on the Member States not to apply, and to remove, if already in place, any additional restrictions or limitations on road haulage transport within the affected regions, during of the freight and passenger transport services sector within the EUtransitional period or afterwards due to consequences of increased freight traffic and transit;
Amendment 189 #
2021/2043(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether EU and national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justified;
Amendment 194 #
2021/2043(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Observes that the incorrect enforcement of single market rules comes also as a result of obstacles encountered by Member States in transposing EU legislation on certain production sectors;
Amendment 12 #
2021/2040(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the vulnerability of consumers to whom such products are addressed and the health risk to them in the event of exposure to unsafe or counterfeit products;
Amendment 13 #
2021/2040(INI)
D b. whereas e-commerce increases consumer choice but exposes them to health risks when purchasing unsafe or counterfeit products;
Amendment 53 #
2021/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that lower limit values for chemicals such as nitrosamines and nitrosatable substances set out at national level compared to those established in the TSD create inconsistencies, even when justified by the Commission; notes, however, that all EU children should enjoy the same high level of protection, in particular children with disabilities; acknowledges that this limit value cannot be amended by an implementing act but would require a legislative procedure; calls on the Commission, therefore, to adapt the limit value to the strictest value in force at national level in a revision of the TSD;
Amendment 86 #
2021/2040(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on market surveillance authorities to strictly apply Article 19 (EU) 2019/1020 when dealing with toys, given the vulnerability of children to defective, unsafe or counterfeit products;
Amendment 116 #
2021/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Highlights the importance of safeguarding children´s privacy when using connected toys and calls for data generated by such toys to be fully under parental control;
Amendment 150 #
2021/2040(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 3 #
2021/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 9 #
2021/2025(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that the attribution of the parliamentary report on the Commission's Rule of Law Report to LIBE, with JURI and AFCO only providing opinions, already contains a certain biased approach to the theory of the rule of law from a positive rights perspective, which is a contested interpretation of the concept in legal theory; suggests that future reports should be drafted by JURI-AFCO joint committees, with LIBE providing an opinion, with a view to ensuring that the European Union strictly respects the limits of its powers to monitor obedience of the rule of law in Member States;
Amendment 11 #
2021/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the Commission’s report is a response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divStresses that there is no legal basis in the EU Treaties that grants the Commission the competence to assess Member States' respect for or violation of the rule of law; recalls that according to Article 5 (1) TEU, the Commission should act in accordance with and within the boundaries of the Treaties; underlines that Article 2 TEU merely mentions the rule of law, but does not define it, nor does it give the Commission the power to enforce it; regrets that the Commission's 2020 Rule of Law report mentions interpretation of the principle of the rule of law by jurisprudence of the Court of Justice of the European Union, but fails to provide the refergence from the values enshrined in Article 2 of the TEUs to the relevant case law;
Amendment 20 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the report fails to fully address allcomprehensively define Union values set out in Article 2 of the TEU, such as democracy and fundamental rights; reiterates the need to have a single monitoring system for democracy,pluralism; recalls that according to the Commission’s own definition, “[u]nder the rule of law, and fundamental rights, as proposed by Parliament1 ; calls on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanismll public powers always act within the constraints set out by law [...]”; strongly regrets that the report fails to take a critical look at the European Union’s own Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).activities from aforementioned point of view;
Amendment 41 #
2021/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CRecalls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actthat according to international law, as stated e.g. in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations5a, “No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State”; calls on the Commissions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced with regard to all EU funds, including Next Generation EU; follow aforementioned principle in its relations with the Member States; invites the European Union to resort to tools adequate for an international organisation consisting of independent and sovereign nation states, such as sharing of best practices and providing assistance to the Member States, rather than to coercion and threats of punishment, in order to strengthen the rule of law in the EU Member States; is deeply concerned that the Commission’s willingness to interfere in internal affairs of the Member States, as well as its reluctance to consider the EU’s own deficiencies in complying with the rule of law principle, is a sign that it considers the EU to be sovereign and the Member States subordinated to it; _________________ 5aDeclaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations. Available at: https://www.un.org/ruleoflaw/files/3dda1f 104.pdf
Amendment 52 #
2021/2010(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the current rules date back to the early 20th century, and are mainly based on physical presence; points out that in current globalised economy, multinationals and particularly digitalised companies can engage in significant business activities in a jurisdiction without physical presence there, and therefore taxes paid in one jurisdiction no longer reflect the value and profits created there; regrets that the traditional concept of permanent establishment fails to cover the new aspects of global and digital businesses, and underlines the need to define virtual permanent establishment; stresses that users of online platforms and consumers of global and digital services cannot be shifted outside a jurisdiction in the same way as capital and labour, and should therefore be the basis for the definition of a new tax nexus in order to provide an effective remedy against aggressive planning;
Amendment 75 #
2021/2010(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to address the under-taxation of the digital and global economy, while ensuring a fair distribution of taxing rights among all countries where the value creation of multinational and particularly digital companies takes place;
Amendment 88 #
2021/2010(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that on average global and digital business models face significantly lower effective tax rates than traditional business models which rely on physical presence; regrets that tax avoidance and fraud linked to aggressive tax planning is not only detrimental to the collection of public revenues but also puts businesses, especially SMEs, at a disadvantage, while creating barriers for new local entrants;
Amendment 105 #
2021/2010(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the fact that the two pillar approach suggested in the G20/OECD IF does not ring fence the digital economy but seeks a comprehensive solution to the new challenges of the global and digital economy; acknowledges that both pillars are complementary, and supports a holistic solution in which one pillar is not adopted without the other;
Amendment 126 #
2021/2010(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Council to intensify the dialogue with the new US administration on global and digital tax policy with the aim of finding a common approach in the framework of the G20/OECD IF negotiations before June 2021; calls on the Council to oppose the ‘safe harbour’ clause, proposed by the US administration, which risks undermining the reform efforts;
Amendment 146 #
2021/2010(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the failure of the G20/OECD IF to find a solution in October 2020 will prolong the under-taxation of the digital economy; stresses that the COVID 19 pandemic has largely benefited digital businesses and accelerated the transition to global and a digital economy, thereby re- emphasising the need to reform the current tax system in order to ensure a fair contribution from the global and digital economy;
Amendment 159 #
2021/2010(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists therefore that, regardless of the progress of the negotiations at the G20/OECD IF, the EU should stand ready to roll out its own solutions for taxing the global and digital economy by the end of 2021; calls on the Commission to present proposals by June 2021, while anticipating their compatibility with the reform by the G20/OECD IF to be agreed on; stresses the need to create a level playing field for providers of traditional services and digital services in the EU by ensuring that the latter are taxed at an adequate and fair rate; invites the Commission to consider in particular introducing a European Global and Digital Services Tax as a necessary first step;
Amendment 180 #
2021/2010(INI)
12. Understands that some Member States consider the taxation of digital economy an urgent issue and have therefore introduced digital services taxes at national level; recalls that these national measures should be phased out once a multilateral solution is found; calls on Member States to refrain from introducing national tax regimes for MNEs or tax solutions unilaterally, as they create a risk of fiscal dumping or fragmentation of the single market; recalls that although taxation is primarily a Member State competence, they must exercise it in coherence with the common principles of EU law in order to ensure coherence between national frameworks, thereby allowing for fair competition and avoiding a negative impact on the overall coherence of EU taxation principles;
Amendment 125 #
2021/0385(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reinforce the price formation process and to maintain a level playing field between trading venues and systematic internalisers, Article 14 of Regulation (EU) No 600/2014 requires systematic internalisers to make public all quotes in equity instruments placed by that systematic internaliser below the standard market size. Systematic internalisers are free to decide which sizes they quote, as long as they quote at a minimum size of 10% of the standard market size. That possibility, however, has led to very low levels ofIt is necessary to require systematic internalisers to publish firm quotes relating to a minimum size tobe determined by ESMA. The minimum size should be determined by ESMA considering the following objectives: i) increasing pre- trade transparency provided by systematic internalisers in equity instruments, and has hampered the achievement of a level playing field. It is therefore necessary to require systematic internalisers to publish firm of equity instruments for the benefit of end-investors; ii) maintaining a level playing field between trading venues and systematic internalisers; iii) providing end investors with an adequoates relating to a minimum of twice the standard market size choice of trading options; and iv) ensuring that the trading landscape in the Union remains attractive and competitive both domestically and internationally.
Amendment 142 #
2021/0385(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Article 23 of Regulation (EU) No 600/2014 requires that the majority of trading in shares takes place on trading venues or systematic internalisers (‘share trading obligation’). This requirement does not apply to trades in shares which are non- systematic, ad hoc or irregular and infrequent. It is notESMA clear when this exemption applies. ESMA therefore clarified thisified the scope of application of Article 23 of Regulation (EU) No 600/2014 by making a distinction between shares on the basis of their International Securities Identification Number (ISIN). Pursuant to that distinction, only shares with an EEA ISIN are subject to the share trading obligation. That approach provides clarity to market participants trading in shares. It is therefore appropriate to incorporate ESMA’s current practice in Regulation (EU) No 600/2014, while simultaneously removconfirming the exemption for trades in shares which are non-systematic, ad-hoc or irregular and infrequent. In order to provide market participants with certainty on which instruments fall under the share-trading obligation, ESMA should be empowered to publish and maintain a list containing all the shares subject to that obligation, on the Financial Instruments Reference Data System (FIRDS) publicly accessible on its website, the shares with an EEA ISIN whose trades take place on a regulated market, MTF, systematic internaliser and the dates and times of the trades.
Amendment 282 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 – point a
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 2
Article 14 – paragraph 2
2. This Article and Articles 15, 16 and 17 shall apply to systematic internalisers when they deal in sizes up to twiche the standard market sizereshold determined by ESMA in accordance with Article 4(6)(ea). Systematic internalisers shall not be subject to this Article and Articles 15, 16 and 17 when they deal in sizes above twice the standard market sizehat threshold.
Amendment 288 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 – point a
Article 1 – paragraph 8 – point a
Regulation (EU) No 600/2014
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Systematic internalisers are allowed to quote any size. The minimum quoting size shall be at least the equivalent of twice the standard market size of a share, depositary receipt, ETF, certificate, or other financial instrument that is similar to those financial instruments and that is traded on a trading venuedetermined by ESMA and shall be lower than the threshold determined in accordance with Article 4(6)(ea). For a particular share, depository receipt, ETF, certificate or other financial instrument that is similar to those financial instruments and that is traded on a trading venue, each quote shall include a firm bid and offer price, or firm bid and offer prices for a size or sizes which could be up to twiche the standard market size for the class of shares, depositary receipts, ETFs, certificates or financial instruments that are similar to those financial instruments, to which the financial instrument belongsreshold determined by ESMA in accordance with Article 4(6)(ea). The price or prices shall reflect the prevailing market conditions for that share, depositary receipt, ETF, certificate or financial instrument that is similar to those financial instruments.;
Amendment 291 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 8 – point b
Article 1 – paragraph 8 – point b
Regulation (EU) No 600/2014
Article 14 – Paragraph 6a
Article 14 – Paragraph 6a
Amendment 308 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 9 c (new)
Article 1 – paragraph 9 c (new)
Regulation 600/2014
Article 21- paragraph 1
Article 21- paragraph 1
In Article 21, paragraph 1 is replaced by the following: "1. Investment firms which, either on own account or on behalf of clients, conclude transactions in bonds, structured finance products, and emission allowances and derivatives traded on a trading venue shall make public the volume and price of those transactions and the time at which they were concluded. That information shall be made public through an APA."
Amendment 356 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 11
Article 1 – paragraph 11
(a a) those trades are non-systematic, ad-hoc, irregular and infrequent; or
Amendment 357 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 11
Article 1 – paragraph 11
Regulation (EU) No 600/2014
Article 23 – paragraph 1 – second subparagraph
Article 23 – paragraph 1 – second subparagraph
ESMA shall publish a list on its website containing the shares with an EEA ISIN subject to the share trading obligation and shall update that list regularlys quickly as possible, on the Financial Instruments Reference Data System (FIRDS) publicly accessible a list on its website, the shares with an EEA ISIN whose trades take place on a regulated market, MTF, systematic internaliser and the dates and times of the trades.;
Amendment 381 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 2 – point g
Article 27da – paragraph 2 – point g
(g) the level of the fees that the applicant intends to charge to the different types of users of the core market data. Such level of fees should be determined on the basis of a principle of reasonable commercial basis, specified by ESMA;
Amendment 391 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 3
Article 27da – paragraph 3
3. The first selection procedure organised for shares shall only invite bids for the provision of a consolidated tape containing post trade data1 minute delayed post trade consolidated tape. Prior to subsequent selection procedures, ESMA shall assess market demand and revenue impacts on regulated markets and based on that assessment, report to the Commission on the opportunity of adding best bids and offers and corresponding volumes to threal-time or close to real-time post-trade data to the consolidate tape. Based on that report and on the experience gained further to the first selection procedure, the Commission is empowered to adopt a delegated act specifying the appropriate level of pre- timeline for the provision of real-time or close to real-time post-trade data to bthe contribusolidated to the CTPape where appropriate.
Amendment 397 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 4
Article 27da – paragraph 4
4. The selection of the CTP for shares shall, in addition to the criteria in paragraph 2, consider the revenue participation scheme, and in particular the formula, applicable to regulated markets that are market data contributors. ESMA shall, when considering the competing tenders, select the CTP for shares that offers the revenue participation scheme that provides regulated markets, in particular smaller regulated marketsthat (a) ensures a fair and just minimum compensation for (i) costs incurred in complying with their obligations under Article 22a, b and c and (ii) revenue losses as a result of consolidated tape offering a substitute to the exchanges' market data licenses and (b) offers the revenue participation scheme that provides a fair and just revenue compensation for the data contributed to the tape, with the highest amount of revenue that remains for distribution once deducted operating costs and a reasonable margin. This revenue shall be distributed in accordance with Article 27h(1)(c), and in a manner commensurate to the market data contributed according to Article 22a.
Amendment 406 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 5
Article 27da – paragraph 5
5. ESMA shall adopt a fully reasoned decision selecting and authorising the entitiesentities deemed suitable for operating the consolidated tapes within 3 months as of initiation of the selection procedure referred to in paragraph 2. Such reasoned decision shall specify the conditions under which the CTPs shall operate, and in particular the level of fees referred to in paragraph 2, point (g) and for shares the level of the participation referred to in paragraph 3, in particular for smaller regulated markets, taking into account the revenue participation scheme applicable to every execution venue and inviting them to submit an application for authorisation within six months from the initiation of the selection procedure referred to in paragraph 1.
Amendment 410 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 6
Article 27da – paragraph 6
6. The selected CTPs shall comply at all times with the organisational requirements set out in Article 27h and with the conditions set out in the decision of ESMA authorising the CTP referred to in paragraph 3. A CTP that is no longer able to comply with those requirements and conditions, including the requirements and conditions on system disruptions and intrusions, shall inform ESMA thereof without undue delay. In such case, ESMA will withdraw the authorization referred to in Article 27e.
Amendment 411 #
2021/0385(COD)
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EU) No 600/2014
Article 27da – paragraph 7
Article 27da – paragraph 7
7. The withdrawal of the authorisation referred to in Article 27e shall only take effect either (i) as of the moment that a new CTP has been selected and authorised in accordance with paragraphs 1 to 4. or (ii) if the consolidated tape has not complied with the organizational requirements set out in Article 27h for more than 6 months.
Amendment 22 #
2021/0384(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Article 4(1), point (20), of Directive 2014/65/EU provides the definition of asystematic internaliser and subjects it to a number of qualitative criteria that determine whether an investment firm, on an organised, frequent, systematic and substantial basis, deals on own account when executing client orders outside a regulated market, an MTF or an OTF without operating a multilateral system. The quantitative criteria, related to the transaction reporting role of systematic internalisers, have led to a significant increase in the number of systematic internalisers in the Union and in the regulatory burden both on ESMA, which is required to assess the quantitative criteria for investment firms that qualify as systematic internalisers and on investment firms themselves. In particular, the regulatory burden disproportionately affects smaller investment firms, which would benefit from a lighter and more flexible regime. Article 4(1), point (20), should therefore limit the systematic internaliser regime to investment firms that meet the qualitative criteria or investment firms that choose to opt-in to the systematic internaliser regime. In order to ensure the uniform application of the definition of systematic internaliser under Article 4(1), point 20 and for reasons of clarity, legal certainty and predictability, the Commission should adopt a delegated act to establish a harmonized set of rules for the purpose of assessing whether the qualitative criteria indicating that an investment firm performs its activities on an organized, frequent, systematic and substantial basis are met. Complementing those changes, Regulation (EU) XX/XXXX22 amending Regulation (EU) No 600/2014 introduces the concept of a ‘designated reporting entity’, decoupling the systematic internaliser status from the function of making transactions public through an approved publication arrangement.
Amendment 34 #
2021/0384(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2014/65/EU
Article 4 – paragraph 1 – point 20
Article 4 – paragraph 1 – point 20
Amendment 141 #
2021/0381(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the transparency and targeting of political advertising (Text with EEA relevance) (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 163 #
2021/0381(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This situation leads to the fragmentation of the internal market, decreases legal certainty for providers of political advertising services preparing, placing, publishing or disseminating political advertisements, creates barriers to the free movement of related services, distorts competition in the internal market, including between offline andbetween online service providers, and requires complex compliance efforts and additional costs for relevant service providers.
Amendment 165 #
2021/0381(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Member States should not maintain or introduce, in their national laws, provisions diverging fromin contrast with those laid down in this Regulation, in particular more or less stringent provisions to ensure a different level of transparency in political advertising. Full. The harmonisation of the transparency requirements linked to political advertisement increases legal certainty and reduces the fragmentation of the obligations that service providers meet in the context of political advertising.
Amendment 178 #
2021/0381(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The definition of political advertising should include advertising published or disseminated directly or indirectly by or published or disseminated directly or indirectly, upon financial remuneration, for or on behalf of a political actor. Since advertisements by, for or on behalf of a political actor cannot be detached from their activity in their role as political actor, they can be presumed to be liable to influence the political debate, except for messages of purely private or purely commercial nature.
Amendment 179 #
2021/0381(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The publication or dissemination by other actors of a message that is liable to influence the outcome of an election or referendum, legislative or regulatory process or voting behaviour should also constitute political advertising. In order to determine whether the publication or dissemination of a message is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour, account should be taken of all relevant factors such as the content of the message, the language used to convey the message, the context in which the message is conveyed, the objective of the message and the means by which the message is published or disseminated. Messages on societal or controversial issues may, as the case may be, be liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 207 #
2021/0381(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The transparency requirements should also not apply to the sharing of information through electronic communication services such as electronic message services or telephone calls, as long as no political advertising service is involved.
Amendment 239 #
2021/0381(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. It is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. To support oversight and accountability, such reporting should include information about expenditure on the targeting of political advertising in the relevant period, aggregated to campaign or candidate. To avoid disproportionate burdens, those transparency reporting obligations should not apply to enterprises qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Amendment 256 #
2021/0381(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) For the oversight of those aspects of this Regulation that do not fall within the competence of the supervisory authorities under Regulation (EU) 2016/679, Regulation (EU) 2018/725 Member States shouldmay designate competent authorities. To support the upholding of fundamental rights and freedoms, the rule of law, democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this Regulation, in particular the obligations laid down in Article 7. Member States may designate, in particular, the national regulatory authorities or bodies under Article 30 of Directive 2010/13/EU of the European Parliament and of the Council13. _________________ 13 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 264 #
2021/0381(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 278 #
2021/0381(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to political advertising prepared, placed, promoted, published or disseminated online in the Union, or directed to individuals in one or several Member States, irrespective of the place of establishment of the advertising services provider, and irrespective of the means used.
Amendment 297 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, of a message: upon financial remuneration,of a message by, for or on behalf of a political actor, unless it is of a purely private or a purely commercial nature, which is liable to influence the outcome of an election or referendum, a legislative or regulatory process or voting behaviour.
Amendment 302 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Amendment 304 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
Amendment 322 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point h
Article 2 – paragraph 1 – point 4 – point h
(h) any natural or legal person representing or acting, according to the provisions of its governing statute, on behalf of any of the persons or organisations in points (a) to (g), promoting the political objectives of any of those.
Amendment 341 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a Member State and during which the campaign activities are subject to specific rules;
Amendment 344 #
2021/0381(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
11. ‘political advertising publisher’ means a natural or legal person that, upon financial remuneration, broadcasts, makes available through an interface or otherwise brings to the online public domain political advertising through any medium;
Amendment 353 #
2021/0381(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 354 #
2021/0381(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall not maintain or introduce, on grounds related to transparency, provisions or measures diverging fromin contrast with those laid down in this Regulation.
Amendment 358 #
2021/0381(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exemption of micro-undertakings The obligations laid down in this Regulation shall not apply to micro- undertakings qualified under art. 3 (1) of Directive 2013/34/EU.
Amendment 441 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonable efforts to ensure that the information referred to in paragraph 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement.
Amendment 468 #
2021/0381(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 482 #
2021/0381(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Paragraph 1 shall not apply to undertakings that qualifying under as micro, small or medium-sized enterprises within the meaning of Article 3(3) of Directive 2013/34/EU.
Amendment 494 #
2021/0381(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access, including for people with disabilities, even from the transparency notice.
Amendment 547 #
2021/0381(COD)
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Any information provided pursuant to this article may only be used in the context for which it was requested i.e. for the purpose specified in the request made to the provider of political advertising services by the entity referred to in paragraph 2.
Amendment 564 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Information to be provided in accordance with this provision shall be presented in a format which is easily accessible and, where technically feasible, machine readable , clearly visible and user- friendly, including for people with disabilities, even through the use of plain language.
Amendment 566 #
2021/0381(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
Amendment 584 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in Articles 5 to 11 and 14 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2021/xxx [Digital Services Act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in Articles 5 to 11 and 14 of this Regulation. The Digital Services Coordinator referred to in Article 38 of Regulation (EU) 2021/xxx in each Member State shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by Regulation (EU) 2021/xxx [Digital Services Act]. Article 45(1) to (4) and Article 46(1) of Regulation (EU) 2021/xxx [Digital Services Act] shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services.
Amendment 592 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Each Member State shallmay designate one or more competentther authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 2. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. It shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this Regulation.
Amendment 598 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Competent authorities referred to in paragraph 3, where exercising their supervisory tasks in relation to this Regulation, shall have the power to request to access data, documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.
Amendment 600 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 5 – introductory part
Article 15 – paragraph 5 – introductory part
5. Competent authorities referred to in paragraph 3, where exercising their enforcement powers in relation to this Regulation, shall have the power to:
Amendment 617 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – introductory part
Article 15 – paragraph 8 – introductory part
8. Where a provider of political advertising services is providing services in more than one Member State, or has its main establishment or a representative in a Member State but provides its main activities in another Member State, theeach competent authority of the Member State of the main establishment or other establishment or of the represenwhere the services are being provided shall be considered competent for applying supervisory or enforcement measures. The authorities of the different Member States shall cooperate and provide each other with support if necessary. Unless already provided for under EU law, a competent authority may request, via the contact point referred to in paragraph 7, in a substantive, and ated, justified and proportionate manner, that another competent authorities of those other Member States shall cooperate with and assist each other as necessary. Unless already regulated by Union law,y, where it is better placed, take the supervisory or enforcement measures referred to in paragraphs 4 and 5; The relevant competent authority so requested shall, via the contact points referred to in paragraph 7 and within a time frame proportionate to the urgency of the request, provide a response or inform that it does not consider that the conditions for requesting assistance under this Regulation have been met. Any information exchanged in thate cooperation shall entail, at least, the following: ntext of the request for assistance and provided under this article shall only be used in the context of the matter for which it was requested.
Amendment 618 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point a
Article 15 – paragraph 8 – point a
Amendment 622 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point b
Article 15 – paragraph 8 – point b
Amendment 625 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 8 – point c
Article 15 – paragraph 8 – point c
Amendment 631 #
2021/0381(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Contact points shall meetexchange information periodically at Union level in the framework of the European Cooperation Network on Elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this Regulation.
Amendment 637 #
2021/0381(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In relation to Articles 5 to 11, 13 and 14 Member States shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction and under the applicable data protection legislation, where appropriate, for infringements of the present Regulation, which shall in each individual case be effective, proportionate and dissuasive.
Amendment 665 #
2021/0381(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 666 #
2021/0381(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 667 #
2021/0381(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 172 #
2021/0376(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Some concentrated markets lack a competitive supply of depositary services. To address this shortage of service providers that can lead to increased costs for AIFMs and a less efficient AIF market, Member States could authorise, on a case- by case basis, competent authorities should be able to permit AIFMs or AIFs to procure depositary services located in other Member States while the Commission assesses, in the context of its review of Directive 2011/61/EU, whether it would be appropriate to propose measures to achieve a more integrated market(“Opt in clause”). To ensure that this possibility of authorising the appointment of a depositary in another Member States does not replicate a depositary passport before a thorough review of Directive 2011/61/EU is completed in this respect and before the EU law harmonisation reaches the necessary level to support the creation of an EU depository passport, it should only be utilised when conditions defined in this Directive are fulfilled and with prior approval of the competent authorities of the AIF. Such conditions restrict the type of jurisdictions that can use this possibility to Member States where supply of depositary services is limited and clarify the regulatory set-up and the applicable rules to the depositary.
Amendment 317 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point –a (new)
Article 1 – paragraph 1 – point 8 – point –a (new)
Directive 2011/61/EU
Article 21 – paragraph 5 – subparagraphs 1 a to 1 e (new)
Article 21 – paragraph 5 – subparagraphs 1 a to 1 e (new)
Amendment 325 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b – point ii
Article 1 – paragraph 1 – point 8 – point b – point ii
Directive 2011/61/EU
Article 21 – paragraph 11 – subparagraph 5
Article 21 – paragraph 11 – subparagraph 5
For the purposes of this paragraphArticle, the provision of services by a central securities depository acting in the capacity of an issuer CSD as defined in Article 1, point (e) of Commission Delegated Regulation (EU) 2017/392 shall not be considered a delegation of the depositary’s custody functions. For the purposes of this paragraph, the provision of services by a central securities depositary acting in the capacity of an investor CSD as defined in Article 1, point (f), of Commission Delegated Regulation (EU) 2017/392 shall be considered a delegation of the depositary’s custody functions.;
Amendment 328 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point c
Article 1 – paragraph 1 – point 8 – point c
Directive 2011/61/EU
Article 21 – paragraph 16
Article 21 – paragraph 16
16. The depositary shall make available to its competent authorities, to the competent authorities of the AIF that has appointed it as a depositary and to the competent authorities of the AIFM that manages that AIF, on request, all information that it has obtained while performing its duties and that may be necessary for the competent authorities of the AIF or the AIFM. If the competent authorities of the AIF or the AIFM are different from those of the depositary, i) the competent authorities of the depositary shall share the information received without delay with the competent authorities of the AIF and the AIFM, and ii) the competent authorities of the AIF shall share without delay any information relevant for the exercise of the supervisory powers by the competent authorities of the depositary.;
Amendment 401 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Directive 2011/61/EU
Article 50 – paragraph 5f a (new)
Article 50 – paragraph 5f a (new)
Amendment 407 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2011/61/EU
Article 61 – paragraph 5
Article 61 – paragraph 5
Amendment 415 #
2021/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2011/61/EU
Article 69b – paragraph 1 – point d
Article 69b – paragraph 1 – point d
(d) the functioning and appropriateness of complementing this Directive with a depositary passportthe power of competent authorities to allow the appointment of a depositary in another Member State as set out in Article 21(5), point (c), including the relevance of the quantitative criteria laid down in Article 21(5), third subparagraph, point (ii);.
Amendment 513 #
2021/0376(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point b
Article 2 – paragraph 1 – point 6 – point b
Directive 2009/65/EC
Article 22a – paragraph 4
Article 22a – paragraph 4
4. For the purposes of this paragraph, the provision of services by a central securities depository acting in the capacity of an issuer CSD as defined in Article 1, point (e), of Commission Delegated Regulation (EU) 2017/392 shall not be considered a delegation of the depositary’s custody functions. ;For the purposes of this paragraph, the provision of services by a central securities depositary acting in the capacity of an investor CSD as defined in Article 1, point (f), of Commission Delegated Regulation (EU) 2017/392 shall be considered a delegation of the depositary’s custody functions.
Amendment 82 #
2021/0375(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 89 #
2021/0375(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should regularly verify that the conditions and requirements relating to the registration of European political parties and European political foundations continue to be met. Decisions relating to the respect for the values on which the Union is founded, as expressed in Article 2 TEU, should only be taken in accordance with a procedure specifically designed to that effect, following consultation of the committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 and of the competent national authorities.
Amendment 91 #
2021/0375(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Where the Authority imposes a sanction on a European political party or foundation [in accordance with the verification procedure], it should take due account of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the same offence. The Authority should also ensure that the principle of legal certainty is respected and that the European political party or European political foundation concerned has been given the opportunity to be heard. An internal appeals system should also be put in place to give the European political party or European political foundation concerned the opportunity to request a review of the decision imposing the sanction and to submit any additional documents.
Amendment 94 #
2021/0375(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The activities of European political parties and European political foundations should be governed by this Regulation, and, for matters not governed by this Regulation, by the relevant provisions of national law in the Member States. The legal status of a European political party or of a European political foundation should be governed by this Regulation and by the applicable provisions of national law in the Member State where it has its seat ('Member State of the seat'). The Member State of the seat should be able to define ex ante the applicable law or to leave optionality for European political parties and European political foundations. The Member State of the seat should also be able to impose requirements other than, or additional to, those laid down in this Regulation, including provisions on the registration and integration of European political parties and foundations as such into national administrative and control systems and on their organisation and statutes, including on liability, provided that such provisions are not inconsistent with this Regulation.
Amendment 96 #
2021/0375(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Eligibility for funding from the general budget of the European Union should be limited to European political parties and their affiliated European political foundations that have been recognised as such and have obtained European legal status. While it is crucial to ensure that the conditions applicable to becoming a European political party are not excessive but can readily be met by organised and serious transnational alliances of political parties or natural persons or both, it is also necessary to lay down proportionate criteria in order to allocate limited resources from the general budget of the European Union which criteria objectively reflect the European ambition and genuine electoral support of a European political party. Such criteria are best based on the outcome of elections to the European Parliament, in which the European political parties or their members are required to participate under this Regulation, providing a precise indication of the electoral recognition of a European political party. These should reflect the European Parliament's role of directly representing the Union's citizens, assigned to it by Article 10(2) TEU, as well as the objective for European political parties to participate fully in the democratic life of the Union and to become actors in Europe's representative democracy, in order effectively to express the views, opinions and political will of the citizens of the Union. Eligibility for funding from the general budget of the European Union should therefore be limited to European political parties which are represented in the European Parliament by at least one of their members and to European political foundations which apply through a European political party that is represented in the European Parliament by at least one of its members.
Amendment 99 #
2021/0375(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) European political parties and their member parties should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties should have internal rules promoting gender balance and they should be transparent about the gender balance of their member parties. European political parties should provide evidence on their internal policy onencourage gender balance and on their member parties’ gender representation as regards candidates to and Member of the European Parliament. The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.
Amendment 115 #
2021/0375(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 166 #
2021/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) its internal rules regarding gender balanceequal opportunities for men and women.
Amendment 180 #
2021/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) documents proving that the applicant satisfies the conditions laid down in Article 3, including a standard formal declaration in the form set out in Annex I;
Amendment 182 #
2021/0375(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. TheA standard formal declaration referred to in Article 9(2), point (a), shall be considered sufficient for the Authority to ascertain that the applicant complies with the conditions specified in Article 3(1), points (d) and (e), or Article 3(2), points (c) and (d), whichever is applicable.
Amendment 184 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the Authority finds that any of the conditions for registration or governance provisions referred to in paragraph 1, with the exception ofor the conditions in Article 3(1), point (d), and Article 3(2), point (c), are no longer complied with, it shall notify the European political party or foundation concerned.
Amendment 186 #
2021/0375(COD)
3. 1. The European Parliament, acting on its own initiative orcompetent national authorities or the European Parliament, following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission may lodge with the Authority a request for verification of compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c) and with the applicable national law. In such cases, and in the cases referred to in Article 19(3), point (a), the Authority shall ask the committee of independent eminent persons referred to in Article 14 for an opinion on the subject. TOnce the parties concerned have been allowed to exercise their right to be heard, the committee shall give its opinion within two months.
Amendment 188 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
A decision of the Authority to de-register on grounds of established non-compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), may only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4.
Amendment 190 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. A decision of the Authority to de- register a European political party or foundation on the ground of a manifest and seriousn established breach as regards compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is expressed by the European Parliament and the Council within a period of three months of the communication of the decision to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Authority that they will not object. The European Parliament shall adopt a procedure to enable minority groups to exercise their right to raise objections, adapting their internal rules as necessary. In the event of an objection by the European Parliament and by the Council, the European political party or foundation shall remain registered.
Amendment 192 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 3
Article 11 – paragraph 4 – subparagraph 3
The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules established in conformity with the Treaties, without prejudice to the above-mentioned right that must be guaranteed for minority groups. Any objection shall be duly reasoned and shall be made public.
Amendment 198 #
2021/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. The committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 shall consist of six members, with the European Parliament, the Council and the Commission each appointing two members. The members of the committee shall be selected on the basis of their personal and professional qualities. They shall neither be members or former members of the European Parliament, the Council or the Commission, nor hold any electoral mandate, be officials or other servants of the European Union, be members of associations or organisations with political ties, or be current or former employees of a European political party or a European political foundation.
Amendment 200 #
2021/0375(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For matters not regulated by this Regulation or by the applicable provisions pursuant to paragraph 2 or, where matters are only partly regulated by them, for those aspects which are not covered by them, European political parties and European political foundations shall be governed by the provisions of their respective statutes that comply with the constitutional principles of the Member State where they have their seat.
Amendment 206 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) for any other matter, and when the reasoned request of the Member State concerned confirms that all national remedies have been exhausted, decide to remove the European political party or European political foundation concerned from the Register.
Amendment 218 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties have continuously published on their websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution ofrends in gender representation among their Members of the European Parliament.
Amendment 230 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 5 – introductory part
Article 23 – paragraph 5 – introductory part
5. For all donations the value of which exceeds EUR 3 01 500, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request.
Amendment 266 #
2021/0375(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ix
Article 30 – paragraph 2 – point a – point ix
Amendment 268 #
2021/0375(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The sanctioned parties shall in all cases have the right to be heard and to access an internal appeals system. The Authority shall ensure that the parties concerned are given the opportunity to be heard and to request a review of its decision, where appropriate receiving from them new documents and exculpatory evidence not previously submitted due to excusable error or for reasons not attributable to them.
Amendment 269 #
2021/0375(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The sanctions laid down in this Regulation shall be subject to a limitation period of tenfive years from the date of commission of the infringement concerned or, in the case of continuing or repeated infringements, from the date on which those infringements ceased.
Amendment 289 #
2021/0375(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 365 #
2021/0342(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 373 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 18 – point b
Article 4 – paragraph 1 – point 18 – point b
(b) operational leasing, factoring, the management of unit trusts, the ownership or management of property, the provision of data processing services or any other activity that is ancillary to banking, these activities are concerned if the activity is mainly provided to the parent undertaking;
Amendment 378 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 18 – point c
Article 4 – paragraph 1 – point 18 – point c
Amendment 439 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 575/2013
Article 4 – paragaraph 1 – point 146 – introductory part
Article 4 – paragaraph 1 – point 146 – introductory part
"(146) ‘large institution’ means an institution that is not a social economy entity and meets any of the following conditions: Or. en (02013R0575-20220410)
Amendment 444 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point x b (new)
Article 1 – paragraph 1 – point 1 – point x b (new)
Regulation (EU) No 575/2013
Article 4 – paragraph 1 – point 146a (new)
Article 4 – paragraph 1 – point 146a (new)
Amendment 490 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 575/2013
Article 47a – paragraph 7 a (new)
Article 47a – paragraph 7 a (new)
(11 a) in Article 47a the following paragraph is added: 7a. For the purposes of point (m) of Article 36(1), when an eligible protection provider compensates credit losses according to the original scheduled payment dates of the guaranteed exposure, and that payment is effective, the eligible protection provider shall be deemed replaced the guaranteed party as debtor Or. en (02013R0575-20220410)
Amendment 497 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 b (new)
Article 1 – paragraph 1 – point 11 b (new)
Regulation (EU) No 575/2013
Article 47c – paragraph 6 – subparagraphs 2 a (new) and 2 b (new)
Article 47c – paragraph 6 – subparagraphs 2 a (new) and 2 b (new)
Amendment 506 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 575/2013
Article 49 – paragraph 4
Article 49 – paragraph 4
4. The holdings in respect of which deduction is not made in accordance with paragraph 1 shall qualify as exposures and shall be risk weighted in accordance with Part Three, Title II, Chapter 2. The holdings in respect of which deduction is not made in accordance with paragraphs 1, 2 or 3 shall qualify as exposures and shall be risk weighted at 100 %.
Amendment 520 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – introductory part
Article 84 – paragraph 1 – point a – introductory part
(a) the Common Equity Tier 1 capital of the subsidiary minus the lower of the following:;
Amendment 523 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point i
Article 84 – paragraph 1 – point a – point i
Amendment 544 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 575/2013
Article 84 – paragraph 1 – point a – point ii
Article 84 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Common Equity Tier 1 capital that relates to that subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (a), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements;
Amendment 551 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – introductory part
Article 85 – paragraph 1 – point a – introductory part
(a) the Tier 1 capital of the subsidiary minus the lower of the following:
Amendment 553 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation EU No 575/2013
Article 85 – paragraph 1 – point a – point i
Article 85 – paragraph 1 – point a – point i
Amendment 573 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EU) No 575/2013
Article 85 – paragraph 1 – point a – point ii
Article 85 – paragraph 1 – point a – point ii
(ii) the amount of consolidated Tier 1 capital that relates to the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in Article 92(1), point (b), the requirements referred to in Articles 458 and 459, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU and the combined buffer requirement defined in Article 128, point (6), of that Directive; and the Common Equity Tier 1 capital of the subsidiary required at local level to avoid restrictions on dividend payments. In case of third countries it shall be measured based on local own funds requirements;
Amendment 583 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
(20 a) in article 87(1), point (a) is replaced by the following: "(a) the own funds of the subsidiary minus the lower of the following: (i) the amount of own funds that relates tof the subsidiary that is required to meet the following: —on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory regulations in third countries, — where the subsidiary is an investment firm, the sum of the requirement laid down in Article 11 of Regulation (EU) 2019/2033, the specific own funds requirements referred to in point (a) of Article 39(2) of Directive (EU) 2019/2034, and any additional local supervisory regulations in third countries; (ii) the amount of own funds that relates toown funds requirement in third countries and the Common Equity Tier 1 capital of the subsidiary that is required on a consolidated basis to meet the sum of the requirement laid down in point (c) of Article 92(1) of this Regulation, the requirements referred to in Articles 458 and 459 of this Regulation, the specific own funds requirements referred to in Article 104 of Directive 2013/36/EU, the combined buffer requirement defined in point (6) of Article 128 of that Directive, and any additional local supervisory own funds requirement in third countries; at local level to avoid restrictions on dividend payments; in case of third countries it shall be measured based on local own funds requirements; " Or. en (02013R0575-20220410)
Amendment 602 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point a
Article 1 – paragraph 1 – point 23 – point a
Regulation (EU) No 575/2013
Article 92 – paragraph 3 – point a – subparagraph 5a (new)
Article 92 – paragraph 3 – point a – subparagraph 5a (new)
By way of derogation from the first subparagraph, institutions which deduct an IRB shortfall amount from their Common Equity Tier 1 in accordance with Article 36(1), point (d) shall apply the following formula: TREA= max {U-TREA; (x*S-TREA)– (SF*12,5)} where SF = the absolute value of the IRB shortfall deducted in accordance with Article 36(1), point (d)
Amendment 653 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point e
Article 1 – paragraph 1 – point 30 – point e
(b) where the derivative position is subject to any of the requirements set out in Article 325c(2), points (b) or (c), or in Article 325e(1), point (c), the institution perfectly offsets the market risk of that derivative position by entering into opposite positions with third parties;
Amendment 666 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 575/2013
Article 111 paragraph 4
Article 111 paragraph 4
Amendment 689 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40 – point b a (new)
Article 1 – paragraph 1 – point 40 – point b a (new)
Regulation (EU) No 575/2013
Article 122 – paragraph 2 a (new)
Article 122 – paragraph 2 a (new)
(ba) the following paragraph is added: 2a. By way of derogation from paragraph 2, exposures under the standardised approach due to not-real estate leases granted by an institution to corporate borrowers against the payment of periodic contractual paymentsshall be assigned a risk weight of 70%, provided that all the following conditions are met: a) the lessor performs a complete credit risk assessment process comprising lessees, subject of leases and their relative suppliers; b) the lessor retains the legal ownership of the leased asset throughout the life of the contract; c) the lessor has the right to carry out on- site inspections/access; d) the leased assets are instrumental to the exercise of the borrower’s economic activities;
Amendment 710 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point b
Article 122a – paragraph 3 – point b
(b) where the purpose of a specialised lending exposure is to provide for short- term financing of reserves, inventories or receivables of exchange-liquidity traded commodities, including crude oil, metals, or cropsoft comodities, and the income to be generated by those reserves, inventories or receivables is to be the proceeds from the sale of the commodity (‘commodities finance exposures’), institutions shall apply a risk weight of 100 %;
Amendment 718 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point c – point i
Article 122a – paragraph 3 – point c – point i
(i) 1310 % where the project to which the exposure is related is in the pre- operational phase;
Amendment 727 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point c – point ii – indent 2
Article 122a – paragraph 3 – point c – point ii – indent 2
— the obligor has sufficient reserve funds fully funded in cash, or other financial arrangements, with highly rated guarantorsguarantors with an ECAI rating with a credit quality step of at least 3, or, if not externally rated, are assigned with a rating equivalent to a step 3 or higher with the bank validated internal rating model to cover the contingency funding and working capital requirements over the lifetime of the project being financed;
Amendment 736 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point c –point ii –indent 4 – introductory part
Article 122a – paragraph 3 – point c –point ii –indent 4 – introductory part
— where the revenues of the obligor are not funded by payments from a large number of users, the source of repayment of the obligation depends on one main counterparty and that main counterparty is one of the following:
Amendment 739 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 –point c –point ii –indent 4 –indent 2
Article 122a – paragraph 3 –point c –point ii –indent 4 –indent 2
— a public sector entity, provided that that entity is assigned a risk weight of 20 % or below in accordance with Article 116, or is assigned an ECAI rating with a credit quality step of at least 3, or, if not externally rated, are assigned with a rating equivalent to a step 3 or higher with the bank validated internal rating model;
Amendment 745 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point c –point ii –indent 4 – indent 3
Article 122a – paragraph 3 – point c –point ii –indent 4 – indent 3
— a corporate entity which has been assigned an ECAI rating with a credit quality step of at least 3, or, if not externally rated, are assigned with a rating equivalent toa step 3 or higher with the bank validated internal rating model.
Amendment 747 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Regulation (EU) No 575/2013
Article 122a – paragraph 3 – point c –point ii –indent 4 –indent 3 a (new)
Article 122a – paragraph 3 – point c –point ii –indent 4 –indent 3 a (new)
- an entity that is replaceable without a significant change in the level and timing of revenues;
Amendment 752 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
— equity is pledged or assigned to the lending institution such that they are able to take control of the obligor entity upon default;
Amendment 770 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Amendment 774 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 43 a (new)
Article 1 – paragraph 1 – point 43 a (new)
Regulation (EU) No 575/2013
Article 123 – subpargaraph 5 – introductory part
Article 123 – subpargaraph 5 – introductory part
"Exposures due to loans granted by a credit institution to pensioners or employees with a permanent contract against the unconditional transfer of part of the borrower's pension or salary to that credit institution shall be assigned a risk weight of 350 %, provided that all the following conditions are met: "
Amendment 777 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Regulation (EU) No 575/2013
Article 123 paragraph 4 a (new)
Article 123 paragraph 4 a (new)
4 a. By way of derogation from paragraph 3, exposures under the standardised approach due to not-real estate leases granted by an institution to retail borrowers against the payment of periodic contractual payments shall be assigned a risk weight of 55%, provided that all the following conditions are met: a) the lessor performs a complete credit risk assessment process comprising lessees, subject of leases and their relative suppliers; b) the lessor retains the legal ownership of the leased asset throughout the life of the contract; c) the lessor has the right to carry out on- site inspections/access; d) the leased assets are instrumental to the exercise of the borrower’s economic activities.
Amendment 790 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
(i) the immovable property securing the exposure is the obligor’s primary residenceexposure is to an individual and secured by a residential property, either where the immovable property as a whole constitutes a single housing unit or where the immovable property securing the exposure is a housing unit that is a separated part within an immovable property;
Amendment 801 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Regulation (EU) No 575/2013
Article 124 – paragraph 2 – point c – point ii a (new)
Article 124 – paragraph 2 – point c – point ii a (new)
(ii a) exposures related to property leasing transactions concerning offices or other commercial premises under which the institution is the lessor and the lessee has an option to purchase shall be assigned a risk weight of 50%provided that the exposure of the institution is fully and completely secured by its ownership of the property and the commercial immovable property is instrumental to the lessee’s economic activities.
Amendment 829 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Regulation (EU) No 575/2013
Article 126a – paragraph 2 – introductroy part
Article 126a – paragraph 2 – introductroy part
2. ADC exposures to residential or commercial property, however, may be risk weighted at 100 %, provided that, where applicable, the institution applies sound origination and monitoring standards which meet the requirements of Articles 74 and 79 of Directive 2013/36/EU and where at least one of the following conditions is met:
Amendment 844 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 49
Article 1 – paragraph 1 – point 49
Regulation (EU) No 575/2013
Article 128 – paragraph 1 – point a
Article 128 – paragraph 1 – point a
(a) debt exposures which are subordinated to claims of another ordinary unsecured creditors;
Amendment 856 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Article 1 – paragraph 1 – point 52
Regulation (EU) No 575/2013
Article 133 – paragraph 1 – point c – point iv – introductory part
Article 133 – paragraph 1 – point c – point iv – introductory part
(iv) the holder of the instrument has exercised the option to require that the obligation be settled in equity shares, unless one of the following conditions is met:
Amendment 859 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Article 1 – paragraph 1 – point 52
Regulation (EU) No 575/2013
Article 133 – paragraph 3 and 3a (new)
Article 133 – paragraph 3 and 3a (new)
3. Equity exposures, other than those referred to in paragraph 3a and 4 to 7, shall be assigned a risk weight of 250 %, unless those exposures are required to be deducted or risk-weighted in accordance with Part Two. 3a. Exposures to equity listed on regulated markets shall be assigned a risk weight of 100%. Private equity exposures in sufficiently diversified portfolios shall be assigned a risk weight of 190 % unless those exposures are required to be deducted.
Amendment 873 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 52
Article 1 – paragraph 1 – point 52
Regulation (EU) No 575/2013
Article 133 – paragraph 6
Article 133 – paragraph 6
6. Equity exposures to central banks shall be assigned a risk weight of 100 %.
Amendment 923 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 66 – point c a (new)
Article 1 – paragraph 1 – point 66 – point c a (new)
Regulation (EU) No 575/2013
Article 153 – paragraph 5 – subparagraph 1 – table 1
Article 153 – paragraph 5 – subparagraph 1 – table 1
Amendment 945 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 75 – point c – point ii – indent -1 (new)
Article 1 – paragraph 1 – point 75 – point c – point ii – indent -1 (new)
Regulation (EU) No 575/2013
Article 162 – paragraph3 – subparagraph 2 – introductory part
Article 162 – paragraph3 – subparagraph 2 – introductory part
- the introductory part is replaced by the following: In addition, for qualifying short-term exposures which are not part of the institution's ongoing financing of the obligor, M shall be at least one-day. This applies to IRB-Advanced and to IRB- Foundation methods. Qualifying short term exposures shall include the following: " Or. en (02013R0575-20220410)
Amendment 961 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 89 – point c a (new)
Article 1 – paragraph 1 – point 89 – point c a (new)
(c a) the following paragraph is inserted: 6a. EBA shall develop draft regulatory technical standards to specify the definition of diminished financial obligation in case of distressed restructuring for the purposes of paragraph 3(d). EBA shall submit those draft regulatory technical standards to the Commission by 31 December 2023. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No1093/2010. " Or. en (02013R0575-20220410)
Amendment 988 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98 a (new)
Article 1 – paragraph 1 – point 98 a (new)
Regulation (EU) No 575/2013
Article 197a (new)
Article 197a (new)
(98 a) the following article is inserted: Art 197a Additional eligibility for collateral under the Standardised Approach 1. Competent authorities shall permit an institution to use, as other eligible collateral, physical collateral where conditions specified in Article 199 (6) and in article 210 are met. Institutions shall document the fulfilment of these conditions. 2. Unless otherwise decided by the competent authorities regarding specific risk weights based on the product category, to exposures fully secured by a physical collateral, which met the conditions set in paragraph 1, shall be assigned a risk weight of 60%. Or. en (Regulation (EU) No 575/2013)
Amendment 998 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 99 – point - a (new)
Article 1 – paragraph 1 – point 99 – point - a (new)
Regulation (EU) No 575/2013
Article 199 – paragraph 1 – introductory part
Article 199 – paragraph 1 – introductory part
(-a) in paragraph 1, the introductory part is replaced by the following: In addition to the collateral referred to in Articles 197 and 198, institutions that calculate risk-weighted exposure amounts all approaches and methods and expected loss amounts under the IRB Approach may also use the following forms of collateral: " Or. en (02013R0575-20220410)
Amendment 1018 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 103 a (new)
Article 1 – paragraph 1 – point 103 a (new)
Regulation (EU) No 575/2013
Article 210 – introductory part
Article 210 – introductory part
(103 a)"Physical collateral other than immovable property collateral shall qualify as eligible collateral under the IRB Approachall approaches and methods where all the following conditions are met: " Or. en (02013R0575-20220410)
Amendment 1021 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 104 b (new)
Article 1 – paragraph 1 – point 104 b (new)
Regulation (EU) No 575/2013
Article 212 – paragraph 2 – point g
Article 212 – paragraph 2 – point g
Amendment 1032 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 121 a (new)
Article 1 – paragraph 1 – point 121 a (new)
(121 a) in Article 232, paragraphs 2 is replaced by the following: "2. Where the conditions set out in Article 212(2) are met, institutions shall subject the “portion of the exposure collateralised by the current surrender value of life insurance policies pledged to the lending institution” to the following treatment: (a) where the exposure is subject to the Standardised Approach, it shall be risk- weighted by using the risk weights specified in paragraph 3; (b) where the exposure is subject to the IRB Approach but not subject to the institution's own estimates of LGD, it shall be assigned an LGD of 40 % . The “portion of the exposure collateralized by the life insurance policies pledged to the lending institution”, where the surrender value (SV) is reducible, has to be calculated by the following formula: SV = SV · (1 - HC) where: HC = volatility adjustment. Where institutions are aware of the underlying exposures of the life insurance policy and the underlying exposures satisfy the eligibility criteria set out in Article 197and 198, they should calculate Hc as the weighted average of each underlying exposure Hc according to Art. 224, paragraph 1 Tables 1 to 3. Underlying exposures in the form of CIUs should be themselves subject to the look-through approach up the maximum extent. For the purposes of calculating weighted average Hc, underlying exposures not satisfying eligibility criteria set out in Article 197 and 198 and underlying exposures in the for of CIUs for which the look-through approach up to the maximum extent is not available should be considered as having Hc equal to 1. " Or. en (02013R0575-20220410)
Amendment 1050 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 131
Article 1 – paragraph 1 – point 131
Regulation (EU) No 575/2013
Article 314 – paragraph 3 – subparagraph 6 a (new)
Article 314 – paragraph 3 – subparagraph 6 a (new)
For Institutions having a service component SC weight greater than 50% of the overall business indicator, the service component shall be calculated in accordance to the following formula: SC = min (SC0 , 50% BI) + max (0,[SC0-50% BI]) * SCCF where: SCCF: service component calibration factor proposed at 50%. SC0= max (OI , OE) + max (FI , FE)
Amendment 1133 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 166 – point b
Article 1 – paragraph 1 – point 166 – point b
Regulation (EU) No 575/2013
Article 382 – paragraph 4b
Article 382 – paragraph 4b
Amendment 1140 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 169
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383i – paragraph 2 – subparagraph 1
Article 383i – paragraph 2 – subparagraph 1
2. Institutions shall calculate the delta sensitivities of the aggregate CVA to risk factors consisting of foreign exchange spot rates, as well as of an eligible hedge instrument to those risk factors, as follows:
Amendment 1141 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 169
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383i – paragraph 3 – subparagraph 1
Article 383i – paragraph 3 – subparagraph 1
3. Institutions shall calculate the delta sensitivities of the aggregate CVA to risk factors consisting of counterparty credit spread rates, as well as of an eligible hedge instrument to those risk factors, as follows:
Amendment 1142 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 169
Article 1 – paragraph 1 – point 169
Regulation (EU) No 575/2013
Article 383i – paragraph 5 – subparagraph 1
Article 383i – paragraph 5 – subparagraph 1
5. Institutions shall calculate the delta sensitivities of the aggregate CVA to risk factors consisting of equity spot prices, as well as of an eligible hedge instrument to those risk factors, as follows:
Amendment 1241 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 1
Article 465 – paragraph 3 – subparagraph 1
3. By way of derogation from Article 92(5)(a), point (i), parent institutions, parent financial holding companies or parent mixed financial holding companies, stand-alone institutions in the EU or stand- alone subsidiary institutions in Member States may, until 31 December2032, assign a risk weight of 65 % to exposures to corporates for which no credit assessment by a nominated ECAI is available provided that that entity estimates the PD of those exposures, calculated in accordance with Part Three, Title II, Chapter 3, is no higher than 0,5 %.
Amendment 1242 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 2
Article 465 – paragraph 3 – subparagraph 2
Amendment 1256 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 3 – subparagraph 3
Article 465 – paragraph 3 – subparagraph 3
Amendment 1294 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
5. By way of derogation from Article 92(5)(a), point (i), Member States may, allow parent institutions, parent financial holding companies or parent mixed financial holding companies, subsidiary institutions, stand-alone institutions in the EU or stand-alone subsidiary institutions in Member States are allowed to assign the following risk weights provided that all the conditions in the second subparagraph are met.
Amendment 1300 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – point a
Article 465 – paragraph 5 – subparagraph 1 – point a
(a) until 31 December 2032, a risk weight of 10 % to the part of the exposures secured by mortgages on residential property up to 565 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted,
Amendment 1314 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 1 – point b
Article 465 – paragraph 5 – subparagraph 1 – point b
(b) until 31 December 2029, a risk weight of 45% to any remaining part of the exposures secured by mortgages on residential property up to 80 % of the property value remaining after any senior or pari passu ranking liens not held by the institution have been deducted, provided that the adjustment to own funds requirements for credit risk referred to in Article 501 is not applied.
Amendment 1325 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 2 – point a
Article 465 – paragraph 5 – subparagraph 2 – point a
(a) the qualifying exposures are located in thea Member State that has exercised the discretion;
Amendment 1339 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 3 – introductory part
Article 465 – paragraph 5 – subparagraph 3 – introductory part
Where the discretion referred to in the first subparagraph has been exercised and all the associated conditions in the second subparagraph are met, institutions may assign the following risk weights to the remaining part of the exposures referred to in the second subparagraph, point (b), until 31 December 2032:
Amendment 1355 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 3 – point c
Article 465 – paragraph 5 – subparagraph 3 – point c
(c) 67,5 % during the period from 1 January 2032 to 31 December 2032.
Amendment 1363 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 4
Article 465 – paragraph 5 – subparagraph 4
Amendment 1368 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Amendment 1376 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 196
Article 1 – paragraph 1 – point 196
Regulation (EU) No 575/2013
Article 465 – paragraph 5 – subparagraph 6
Article 465 – paragraph 5 – subparagraph 6
Amendment 1405 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495a – paragraph 3
Article 495a – paragraph 3
3. By way of derogation from Article 133 and Article 471, institutions may continue to assign the same risk weight that was applicable as of [OP please insert the date = one day before the date of entry into force of this amending Regulation] to equity exposures to entities– till a maximum of 250% - to the current value of equity exposures to entities, be they corporate or insurance undertakings, of which they have been a shareholder at [adoption date] for six consecutive years and over which they exercise significant influence in the meaning of Directive 2013/34/EU, or the accounting standards to which an institution is subject under Regulation (EC) No 1606/2002, or a similar relationship between any natural or legal person and an undertaking.
Amendment 1445 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199
Article 1 – paragraph 1 – point 199
Regulation (EU) No 575/2013
Article 495d – paragraph 1 – subparagraph 1 a (new)
Article 495d – paragraph 1 – subparagraph 1 a (new)
This also applies to all the items listed in bucket 5 of Annex I;
Amendment 1462 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500 – paragraph 1
Article 500 – paragraph 1
(199 a)in Article 500(1) is replaced by the following: ‘1. By way of derogation from point (a) of Article 181(1), an institution may adjust its LGD estimates by partly or fully offsetting the effect of massive disposals of defaulted exposures on realised LGDs up to the difference between the average estimated LGDs for comparable exposures in default that have not been finally liquidated and the average realised LGDs including on the basis of the losses realised due to massive disposals, as soon as all the following conditions are met: (a) the institution has notified the competent authority of a plan providing the scale, composition and the dates of the disposals of defaulted exposures; (b) the dates of the disposals of defaulted exposures are after 23 November 2016 but not later than 28 June31 December 20225; (c) the cumulative amount of defaulted exposures disposed of since the date of the first disposal in accordance with the plan referred to in point (a) has surpassed 20 % of the outstandingcumulative amount of all defaulted exposures as of the date of the first disposal referred to in points (a) and (b). The adjustment referred to in the first subparagraph may only be carried out until 28 Juneon disposals formally approved by the bank competent body on the basis of the offers received until 31 December 20225 and its effects may last for as long as the corresponding exposures are included in the institution's own LGD estimates. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013R0575-20220410)’ Or. en
Amendment 1474 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 199 a (new)
Article 1 – paragraph 1 – point 199 a (new)
Regulation (EU) No 575/2013
Article 500da (new)
Article 500da (new)
(199 a)the following article is inserted: Article 500da 1. For the purpose of calculating loss in accordance with point (2) of Article 5, the artificial cashflow may reflect: (i) principal: total outstanding amount of the full loan at the moment of cure, but only the amount of missed payments (i.e. actual past due payments) accrued up to the moment of cure should be discounted; (ii) interest: amount accrued between the moment of default and the moment of cure; (iii) fees: amount accrued between the moment of default and the moment of cure; (iv) additional observed recoveries: total amount received up to the moment of cure; (v) additional drawings: firms should follow the requirements of CRR Articles 182(1)(c), 181(2)(b) and 182(3).Additional drawings included in the artificial cash flow should be treated in the same way as the principal; and (vi) costs: amount accrued between the moment of default and the moment of cure. 2. In applying point 1, the “moment of cure” may be defined as the moment when no triggers of default continue to apply at the start of the final probation period. 3. The artificial cash flow may be discounted over the actual period of default only (i.e. between the moment of default and the moment of cure) and, therefore, should not be discounted over any additional time period after the moment of cure, such as the final probation period. The rate at which artificial cash flow may be discounted should be based solely on the primary interbank offered rate during the period of default.
Amendment 1478 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 200
Article 1 – paragraph 1 – point 200
Regulation (EU) No 575/2013
Article 501 – paragraph 1 – subparagraph 1
Article 501 – paragraph 1 – subparagraph 1
1. Institutions shall adjust the risk- weighted exposure amounts for non- defaulted exposures to an SME (RWEA), which are calculated in accordance with Chapter 2 or 3 of Title II of Part Three, as applicable, in accordance with the following formula: if E' > EUR 2 55 000 000, RW* = min RW; EUR 2 55 000 000 0.7619 + max 0; RW – 2 55 000 000 0.85 Oren
Amendment 1484 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 201 – point -a (new)
Article 1 – paragraph 1 – point 201 – point -a (new)
Regulation (EU) No 575/2013
Article 501a – paragraph 1 – point a – introductory part
Article 501a – paragraph 1 – point a – introductory part
(-a) in Article 501a(1), the introductory part is replaced by the following: ‘1. Own funds requirements for credit risk calculated in accordance with Title II of Part III shall be multiplied by a factor of 0,7560, provided that the exposure complies with all the following criteria: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013R0575-20220410)’ Or. en
Amendment 1485 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 201 – point a
Article 1 – paragraph 1 – point 201 – point a
Regulation (EU) No 575/2013
Article 501a – paragraph 1 – point a
Article 501a – paragraph 1 – point a
(a) the exposure is assigned toincluded either in the corporate exposure class referred to either in Article 112, point (g),or in the specialised lending exposures class. Including Project Finance, Object Finance, Real Estate exposures to entities that operate or fin Article 147(2), point (c)ance physical structures facilities, assets , systems and networks that provide or support essential public services, with the exclusion of exposures in default;;
Amendment 1522 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – introductory part
Article 519d – paragraph 1 – introductory part
Amendment 1523 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – introductory part
Article 519d – paragraph 1 – introductory part
By [OP please insert the date = 606 (six) months after the date of application of Part Three, Title III], the EBA shall report to the Commission on allthe use of a insurance policy standardized formula based ofn the following criteria:
Amendment 1527 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – point a and point b a (new)
Article 519d – paragraph 1 – point a and point b a (new)
(a) the use of insurance in the context of the calculation of the own funds requirements for operational risk;standardized formula to be used as capital requirements measurement purpose will take into account: a. a policy limit b. a policy deductible c. an adjustment depending on the chosen deductible, ensuring the benefit decreases as the deductible increases d. a standard haircut, to be determined by the competent Supervisor depending on the probability of each Insurer’s default or potential delay inpayments; e. a specific policy percentagecoverage related to the extent of the coverage, excluding overlapping withother policies. The reduction shall not exceed 20% of the capital requirement. (ba) EBA will identify eligible insurance contracts, with standardized wording pre- cleared by EBA by means of an ad hoc RTS (Regulatory TechnicalStandard).
Amendment 1530 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – point b
Article 519d – paragraph 1 – point b
Amendment 1531 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
Regulation (EU) No 575/2013
Article 519d – paragraph 1 – point c
Article 519d – paragraph 1 – point c
Amendment 1533 #
2021/0342(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 205
Article 1 – paragraph 1 – point 205
On the basis of that report, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal by [OP please insert the date = 72 months after date of application of Part Three, Title III].; as to take into consideration a standardized formula in the calculation of own funds requirements for operational risk, the Commission will be empowered to submit the formula to the European Parliament and the Council, a legislative proposal, by 12 months after date of application of Part Three, Title III. 2. The insurance provider shall be authorised to provide insurance or re- insurance and shall have a minimum claims paying ability rating by an ECAI which has been determined by EBA to be associated with credit quality step 3 or above under the rules for the risk weighting of exposures to institutions under Title II, Chapter 2. 3. The insurance and the institutions' insurance framework shall meet all the following conditions: a. the insurance policy has an initial term of no less than one year. For policies with a residual term of less than one year, an institution shall make appropriate haircuts reflecting the declining residual term of the policy, up to a full 100 % haircut for policies with a residual term of 90 days or less; b. the insurance policy has a minimum notice period for cancellation of the contract of 90 days; c. the insurance policy has no exclusions or limitations triggered by supervisory actions or, in the case of a failed institution, that preclude the institution's receiver or liquidator from recovering the damages suffered or expenses incurred by the institution, except in respect of events occurring after the initiation of receivership or liquidation proceedings in respect of the institution. However, the insurance policy may exclude any fine, penalty, or punitive damages resulting from actions by the competent authorities; d. the insurance is provided by a third party entity. In the case of insurance through captives and affiliates, the exposure has to be laid off to an independent third party entity that meets the eligibility criteria set out in paragraph 2; e. the framework for recognising insurance is well reasoned and documented. 4. The methodology for recognising insurance shall capture all the following elements through discounts or hair cuts in the amount of insurance recognition: a. the residual term of the insurance policy, where less than one year; b. the policy's cancellation terms, where less than one year; c. the uncertainty of payment as well as mismatches in coverage of insurance policies. 5. The reduction in own funds requirements from the recognition of insurances and other risk transfer mechanisms shall not exceed 20% of the own funds requirement for operational risk before the recognition of risk mitigation techniques.
Amendment 1546 #
2021/0342(COD)
Proposal for a regulation
Annex – table – column 2 – row 8
Annex – table – column 2 – row 8
Regulation (EU) No 575/201
Annex 1
Annex 1
Amendment 168 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
Directive 2013/36/EU
Article 21a – paragraph 4 – subparagraph 2
Article 21a – paragraph 4 – subparagraph 2
(b a) in paragraph 4, subparagraph 2 is replaced by the following: Financial holding companies or mixed financial holding companies exempted from approval in accordance with this paragraph shall not be excluded from the perimeter of consolidation as laid down in this Directive and in Regulation (EU) No 575/2013. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101 unless, upon request of the financial holding company or mixed financial holding company, the competent authority identifies a composition of the group other than the one designated. In particular, the financial holding company or mixed financial holding company may not be considered the parent company where, in the opinion of the competent Authorities, the following conditions are met: i) the company has a statutory prohibition to assume management and coordination functions; ii) the company has no significant equity investments other than that in the company or bank as referred to in the following paragraph; iii) there is a bank or another company that is allowed and declares to exercise the management and coordination functions.’ Or. en
Amendment 377 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 1
Article 88 – paragraph 3 – subparagraph 1
3. Member States shall ensure that institutions draw up, maintain and update individual statements setting out the roles and duties of each member of the management body, senior management and key function holders and a mapping of duties, including details of the reporting lines and the lines of responsibility,of key function holders and the persons who are part of the governance arrangements as referred to in Article 74 (1) and their duties approved by the management body.
Amendment 384 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 2
Article 88 – paragraph 3 – subparagraph 2
Member States shall ensure that the statements of duties and the mapping of the dutiroles are made available and communicated in due time, upon request, to the competent authorities.
Amendment 387 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2013/36/EU
Article 88 – paragraph 3 – subparagraph 3
Article 88 – paragraph 3 – subparagraph 3
Amendment 405 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 1
Article 91 a – paragraph 2 – subparagraph 1
2. The entities shall assess the suitability oftiming of the suitability assessment is subject to national law and takes place before or after the members of the management body before those members take up their positions. Where the entities conclude, based on the suitability assessment, that the member concerned does not fulfil the criteria and requirements set out in paragraph 1, the entities shall ensure that the member concerned does not take up the position considered.
Amendment 411 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 a – paragraph 2 – subparagraph 1 a (new)
Article 91 a – paragraph 2 – subparagraph 1 a (new)
Without prejudice to the timing provided for in national law, where it is strictly necessary to replace a member of the management body immediately, the entities may assess the suitability of such replacement members after they have taken up their positions. The entities shall be able to duly justify such immediate replacement.
Amendment 441 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 3 – subparagraph 2
Article 91 b – paragraph 3 – subparagraph 2
Competent authorities shall complete the assessment referred to in paragraph 1 within 840 working days (‘assessment period’) as from the date of the written acknowledgement referred to in the first subparagraph of this paragraph.
Amendment 453 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 4
Article 91 b – paragraph 4
4. Competent authorities that request from the entities additional information or documentation, including interviews or hearings, may extend the assessment period for a maximum of 420 working days. However, the assessment period shall not exceed 1260 working days. Request for additional information or documentation shall be made in writing and shall be specific. The entities shall acknowledge receipt of request for additional information or documentation within two working days and provide the requested additional information or documentation within 10 working days as of the date of the written acknowledgement of the request from competent authorities.
Amendment 468 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive 2013/36/EU
Article 91 b – paragraph 8
Article 91 b – paragraph 8
Amendment 508 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2013/36/EU
Article 97 – paragraph 4 – subparagraph 2
Article 97 – paragraph 4 – subparagraph 2
(22a) in Article 97, (4), subparagraph 2 is replaced by the following: When conducting the review and evaluation referred to in paragraph 1 of this Article, competent authorities shall apply the principle of proportionality in accordance with the criteria disclosed pursuant to point (c) of Article 143(1). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101having regard to definitions set out in article 4, paragraph 1, from points 145 to point 146-bis of Regulation (EU) 575/2013 and, in accordance with the criteria disclosed pursuant to point (c) of Article 143(1). For entities referred to in article 4,paragraph 1, point 146-bis of Regulation (EU) 575/2013 competent authorities shall take into account the fact that subsidiaries or affiliated undertakings are all small and non-complex or less significant institutions’ Or. en
Amendment 516 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 -a (new)
Article 1 – paragraph 1 – point 22 -a (new)
Directive 2013/36/EU
Article 98 – paragraph 1 – point i
Article 98 – paragraph 1 – point i
(i) the business model of the institution https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-2022010122a) in Article 98(1), point i is replaced by the following: (i) the business model of the institution, including those essential features defined in national law as for entities referred to in Article 4, point 146a of Regulation (EU) No 575/2013 Or. en
Amendment 576 #
2021/0341(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32 a (new)
Article 1 – paragraph 1 – point 32 a (new)
Directive 2013/36/EU
Article 143 – paragraph 1 – point c
Article 143 – paragraph 1 – point c
(32a) in Article 143(1), point c is replaced by the following: ‘(c) the general criteria and methodologies they use in the review and evaluation referred to in Article 97, including the criteria for applying the principle of proportionality as referred to in Article 97(4); https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02013L0036-20220101For the latter criteria and in respect to, at least, for small and non-complex institutions as defined in Article 4, paragraph 1, point 145 of Regulation (EU) No 2019/876 a positive impact on proportionality needs to be achieved by providing the following elements be unambiguously published in addition to the existing ones: (i) a simplified approach to individuate material risks (ii) simplified approaches to quantify the single material risks under Chapter 2 (review processes) Section II (arrangements, processes and mechanisms of institutions)Sub-Section 2 (technical criteria concerning the organisation and treatment of risks) and under Article 98 of these Directive (iii) guidance on scope, methodologies, scenario and data for small and non- complex institutions’ stress testing;’ Or. en
Amendment 106 #
2021/0296(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Supervisory authorities shall ensure that insurance and reinsurance undertakings update their pre-emptive recovery plans at least annuallyevery two years and after a change to the legal or organisational structure of the undertaking concerned, or to its business or its financial situation, which could have a material effect on, or necessitates a material change to, the pre- emptive recovery plan.
Amendment 137 #
2021/0296(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Resolution plans shall not assume any extraordinary public financial support besides, where available, the use of insurance guarantee schemes or of any financing arrangements. or public intervention aimed at ensuring the protection of policyholders and the financial stability of Member States.
Amendment Amendment805 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 4 – subparagraph 5
Article 77d – paragraph 4 – subparagraph 5
The country adjustment factor referred to in point (e) shall be calculated as follows: 𝜔𝑐𝑜 = 𝑚𝑎𝑥(𝑚𝑖𝑛( ;1);0) Where 𝑹𝑺𝑪𝒄𝒐 for the country co as referred to∗ 𝑹𝑪𝑺𝒄𝒐 ― 0.6% 𝑹𝑪𝑺𝒄𝒐 ― 0.6% 𝜔𝑐𝑜 = 𝑚𝑎𝑥(𝑚𝑖𝑛( ;1);0) 0.3% 0.3% ∗ ins the first subparagraph, point (d), multiplied by the percentage of investments in debt instruments relative to total assets held by insurance and reinsurance undertakings authorised in country co.risk-corrected spread
Amendment 209 #
2021/0295(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As underlined in the Commission’s Communication of 24 September 2020 ‘A Capital Markets Union for people and businesses’18 , incentivising institutional investors, in particular insurers, to make more long-term investments will be instrumental in supporting re-equitisation in the corporate sector. To facilitate insurers’ contribution to the financing of the economic recovery of the Union, the prudential framework should be adjusted to better take into account the long-term nature of the insurance business. In particular, when calculating the Solvency Capital Requirement under the standard formula, the possibility to use a more favourable standard parameter for equity investments which are held with a long- term perspective should be facilitated, provided that insurance and reinsurance undertakings comply with sound and robust criteria, that preserve policyholder protection and financial stability. Such criteria should aim to ensure that insurance and reinsurance undertakings are able to avoid forced selling of equities intended to be held for the long term, including under stressed market conditions. As insurance and reinsurance undertakings have a wide range of risk-management tools to avoid such forced selling, the criteria should recognise such variety and not require the legal or contractual ring- fencing of long-term investment assets in order to benefit from the more favourable standard parameter for equity investments. __________________ 18 COM/2050/590 final
Amendment 211 #
2021/0295(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) The need to properly reflect extremely low and negative interest rates in the insurance regulation has arisen due to what has been witnessed in recent years on the markets; this has to be achieved via a recalibration of the Interest Rate Risk sub-module to reflect the existence of a negative yield environment. At the same time, the methodology to be used shall not result in unrealistically large decreases in the liquid part of the curve; this can be avoided by foreseeing an explicit floor to represent a lower bound of interest rates. In line with interest rates dynamics, the floor should not be flat but term-dependent.
Amendment 215 #
2021/0295(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 217 #
2021/0295(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 229 #
2021/0295(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Captive insurance undertakings and captive reinsurance undertakings which only cover risks associated with the industrial or commercial group to which they belong, present a particular risk profile that should be taken into account when defining some requirements, in particular on own-risk and solvency assessment, disclosures and the related empowerments for the Commission to further specify the rules on such empowerments. MoreoverTherefore, captive insurance undertakings and captive reinsurance undertakings should also be able to benefit from the proportionality measures when they areby being automatically classified as low- risk profile undertakings.
Amendment 243 #
2021/0295(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 264 #
2021/0295(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) Directive 2009/138/EC requires that the amount of eligible own funds necessary to support the insurance and reinsurance obligations be determined for the purpose of the risk margin calculation and that the Cost-of-Capital rate is equal to the additional rate, above the relevant risk-free interest rate, that an insurance or reinsurance undertaking would incur holding that amount of eligible own funds. Directive 2009/138/EC also requires that the Cost-of-Capital rate be reviewed periodically. For that purpose, the reviews should ensure that the Cost- of-Capital rate remains risk-based and is not set at an overly conservative level. In addition, the projection of future capital requirements for that purpose should take into account the time-dependence of risks in the aggregation of projected future capital requirements. In particular, projected future capital requirements for later years should have a lesser contribution to the risk margin than projected capital requirements of the same level pertaining to earlier years.
Amendment 266 #
2021/0295(COD)
Proposal for a directive
Recital 40
Recital 40
(40) For the purposes of calculating their own funds under Regulation (EU) No 575/2013 of the European Parliament and of the Council23 , institutions which belong to financial conglomerates that are subject to Directive 2002/87/EC of the European Parliament and of the Council24 may be permitted not to deduct their significant investments in insurance or reinsurance undertakings, provided that certain criteria are met. There is a need to ensure that prudential rules applicable to insurance or reinsurance undertakings and credit institutions allow for an appropriate level- playing field between banking-led and insurance-led financial groups. Therefore, insurance or reinsurance undertakings should also be permitted not to deduct from their eligible own funds participations in credit and financial institutions, subject to similar conditions and to apply a capital requirement factor based on the market risk module, calculated in accordance with Directive 2009/138/EC, to the participations in credit and financial institutions. In particular, either group supervision in accordance with Directive 2009/138/EC or supplementary supervision in accordance with Directive 2002/87/EC should apply to a group encompassing both the insurance or reinsurance undertaking and the related institution. In addition, the institution should be an equity investment of strategic nature for the insurance or reinsurance undertaking and supervisory authorities should be satisfied as to the level of integrated management, risk management and internal controls regarding the entities in the scope of group supervision or supplementary supervision. To ensure a full level-playing field between banking-led and insurance-led financial groups. __________________ 23 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). 24 Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).
Amendment 273 #
2021/0295(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 275 #
2021/0295(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Supervisory authorities should have the necessary powers to preserve the solvency position of specific insurance or reinsurance undertakings during exceptional situations such as adverse economic or marketsector events affecting a large part or the totality of the insurance and reinsurance market, in order to protect policyholders and preserve financial stability. Those powers should include the possibility to restrict or suspend distributions to shareholders and other subordinated lendbe applied on a case-by-case basis, as a matter of last resort and only if there is imminent dangers of a given insurance or reinsurance undertaking before an actual breachpolicyholders' rights being endangered ofr the Solvency Capital Requirement occurso financial stability. Those powermeasures should be applied on a case-by-case basis, respect common risk- based criteria and not undermine the functioning of the internal market.
Amendment 286 #
2021/0295(COD)
Proposal for a directive
Recital 64
Recital 64
(64) There is a lack of clarity regarding the types of undertakings for which Method 2, namely a deduction and aggregation method as defined in Article 233 of Directive 2009/138/EC, may be applied when calculating group solvency, which is detrimental to the level-playing field in the Union and in third countries. Therefore, it should be clearly specified which undertakings may be included in the group solvency calculation through Method 2. Such method should only apply to insurance and reinsurance undertakings, third-country insurance and reinsurance undertakings, undertakings belonging to other financial sectors, mixed financial holding companies, insurance holding companies, and other parent undertakings the main business of which is to acquire and hold participations in subsidiary undertakings, where those subsidiary undertakings are exclusively or mainly insurance or reinsurance undertakings, or third-country insurance or reinsurance undertakings.
Amendment 291 #
2021/0295(COD)
Proposal for a directive
Recital 78
Recital 78
Amendment 299 #
2021/0295(COD)
Proposal for a directive
Recital 79
Recital 79
Amendment 307 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the undertaking’s annual gross written premium does not exceed EUR 125 000 000;
Amendment 309 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the total of the undertaking’s technical provisions, gross of the amounts recoverable from reinsurance contracts and special purpose vehicles, as referred in Article 76, does not exceed EUR 650 000 000;;
Amendment 312 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the undertaking belongs to a group, the total of the technical provisions of the group defined as gross of the amounts recoverable from reinsurance contracts and special purpose vehicles does not exceed EUR 265 million; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)000 000; Or. en
Amendment 317 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/138/EC
Article 13 – paragraph 1 – point 10a
Article 13 – paragraph 1 – point 10a
(10a) ‘low-risk profile undertaking’ means an insurance and reinsurance undertaking that meets the conditions set out in Article 29a and has been classified as such in accordance with Article 29b as well as a captive insurance undertaking and a captive reinsurance undertaking;
Amendment 359 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point a – subparagraph 1 – point iv
Article 29a – paragraph 1 – subparagraph 1 – point a – subparagraph 1 – point iv
(iv) investments in non-traditional investments do not represent more than 230% of total investments;
Amendment 365 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point b – subparagraph 1 – point v
Article 29a – paragraph 1 – subparagraph 1 – point b – subparagraph 1 – point v
(v) investments in non-traditional investments do not represent more than 230% of total investments;
Amendment 372 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point vii
Article 29a – paragraph 1 – subparagraph 1 – point c – subparagraph 1 – point vii
(vii) investments in non-traditional investments do not represent more than 230% of total investments;
Amendment 378 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29a – paragraph 1 – subparagraph 2
Article 29a – paragraph 1 – subparagraph 2
For the purpose of this Article, traditional investments shall consist of bonds, equities, real estate, loans including private loans, promissory notes and mortgages, cash and cash equivalents and deposits and t. Total investments shall consist of all assets, including derivatives, and excluding investments covering unit-index linked contracts, excluding property for own use, excluding plant and equipment for own use, excluding property under construction for own used.
Amendment 407 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Directive 2009/138/EC
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall require insurance and reinsurance undertakings to submit to the supervisory authorities the information which is necessary for the purposes of supervision, taking into account the objectives of supervision laid down in Articles 27 and 28 and the general principles of supervision, in particular the principle of proportionality, laid down in Article 29.;
Amendment 409 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive 2009/138/EC
Article 35 – paragraph 5a – subparagraph 2 – point a
Article 35 – paragraph 5a – subparagraph 2 – point a
(a) every threfive years, for low-risk profile undertakings;
Amendment 412 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point g
Article 1 – paragraph 1 – point 16 – point g
Directive 2009/138/EC
Article 35 – paragraph 12 – subparagraph 1 – point b a (new)
Article 35 – paragraph 12 – subparagraph 1 – point b a (new)
(b a) reduce compliance costs, in particular for low-risk profile undertakings;
Amendment 413 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 1 – subparagraph 2
Article 35a – paragraph 1 – subparagraph 2
That limitation to regular supervisory reporting shall be granted only to undertakings that collectively do not represent more than 230 % of a Member State’s life and non-life insurance and reinsurance market respectively, where the non-life market share is based on gross written premiums and the life market share is based on gross technical provisions.
Amendment 419 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 2 – subparagraph 3
Article 35a – paragraph 2 – subparagraph 3
The exemption from reporting on an item- by-item basis shall be granted only to undertakings that collectively do not represent more than 230 % of a Member State’s life and non-life insurance or reinsurance market respectively, where the non-life market share is based on gross written premiums and the life market share is based on gross technical provisions. When determining the eligibility of undertakings for those limitations or exemptions, supervisory authorities shall give priority to low-risk profile undertakings.
Amendment 492 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a
Article 45a
Amendment 551 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Directive 2009/138/EC
Article 77 – paragraph 3 a (new)
Article 77 – paragraph 3 a (new)
3a. The risk margin for the entire portfolio of insurance and reinsurance obligations shall be calculated using the following formula: RM = CoC * Σt≥0 (0.9t*SCR(t)/((1+r(t+1))t+1) where (a) CoC denotes the Cost-of-Capital rates (b) the sum covers all integers including zero (c) SCR(t) denotes the Solvency Capital Requirement after t years (d) r(t+1) denotes the basic risk-free interest rate for the maturity of t+1 years.
Amendment 558 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 36 a (new)
Article 1 – paragraph 1 – point 36 a (new)
Directive 2009/138/EC
Article 77 – paragraph 5 a (new)
Article 77 – paragraph 5 a (new)
5a. The Cost-of-Capital rate referred to in paragraph 5 shall be assumed to be equal to 4 %.
Amendment 563 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Directive 2009/138/EC
Article 77a – paragraph 2 – subparagraph 1
Article 77a – paragraph 2 – subparagraph 1
2. For the purpose of paragraph 1, second subparagraph, any parameters determining the speed of the convergence of the forward rates towards the ultimate forward rate of the extrapolation may be chosen such that on [OP please insert date = application date] the risk-free interest rate term structure is sufficiently similar to the risk-free interest rate term structure on that date determined in line with the rules for the extrapolation applicable on [OP please insert date = one day before date of application]. Those parameters of the extrapolation shall be decreased linearly at the beginning of each calendar year, during a transitional period. The final parameters of the extrapolation shall be applied as of 1 JanuaryThe extrapolated risk-free rate shall be determined as follows: rFSP+h = FSP+h√((1+rFSP)FSP * exp(h*fh)) - 1 Where: fh = ln(1+UFR) + [(LLFR - ln(1+UFR)] * ((1-exp(-a*h)/(a*h)) (a) UFR is the Ultimate Forward Rate (b) a is the convergence speed parameter (c) LLFR is the Last Liquid Forward Rate (d) FSP is the First Smoothing Point The convergence speed parameter a shall be set at 2032%.
Amendment 579 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 2 – subparagraphs 2 a (new) and 2 b (new)
Article 77d – paragraph 2 – subparagraphs 2 a (new) and 2 b (new)
For each currency and each country, the spread referred to in paragraph (2) shall be equal to the following: S = wgov * max (Sgov, 0) + wcorp * max(Scorp, 0) where: (a) wgov denotes the ratio of the value of government bonds included in the reference portfolio of assets for that currency or country and the value of all the assets included in that reference portfolio; (b) Sgov denotes the average currency spread on government bonds included in the reference portfolio of assets for that currency or country; (c) wcorp denotes the ratio of the value of bonds other than government bonds, loans and securitisations included in the reference portfolio of assets for that currency or country and the value of all the assets included in that reference portfolio; (d) Scorp denotes the average currency spread on bonds other than government bonds, loans and securitisations included in the reference portfolio of assets for that currency or country. For the purposes of this paragraph, ‘government bonds’ means exposures to central governments and central banks.
Amendment 588 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 3 a (new)
Article 77d – paragraph 3 a (new)
3a. The portion of the spread that is attributable to a realistic assessment of expected losses, unexpected credit risk or any other risk shall be calculated in the same manner as the fundamental spread referred to in Article 77c(2).
Amendment 603 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 40 – point a – point iii
Article 1 – paragraph 1 – point 40 – point a – point iii
Directive 2009/138/EC
Article 86 – paragraph 1 – point i – point iii
Article 86 – paragraph 1 – point i – point iii
Amendment 609 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 41 – point a
Article 1 – paragraph 1 – point 41 – point a
Directive 2009/138/EC
Article 92 – paragraph 1a – subparagraph 1
Article 92 – paragraph 1a – subparagraph 1
1a. The Commission shall adopt delegated acts in accordance with Article 301a specifying the treatment of participations, within the meaning of Article 212(2), third subparagraph, in financial and credit institutions with respect to the determination of own funds, including: (i) approaches to deductions from the basic own funds of an insurance or reinsurance undertaking of material participations in credit and financial institutions; (ii) the market risk module to be applied by insurance and reinsurance undertakings and groups to the participations in credit and financial institutions pursuant to this Article.
Amendment 626 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 a (new)
Article 1 – paragraph 1 – point 43 a (new)
Directive 2009/138/EC
Article 105 a (new)
Article 105 a (new)
Amendment 633 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2009/138/EC
Article 109 – paragraph 1 – subparagraph 1 a (new)
Article 109 – paragraph 1 – subparagraph 1 a (new)
Notwithstanding the first subparagraph, low-risk profile undertakings may use a simplified calculation for a specific sub- module or risk module.
Amendment 644 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 – point b
Article 1 – paragraph 1 – point 46 – point b
Directive 2009/138/EC
Article 111 – paragraph 1 – subparagraph 2 a (new)
Article 111 – paragraph 1 – subparagraph 2 a (new)
For the purpose of the first subparagraph, point (c), the methods, assumptions and standard parameters for the interest rate risk sub-module referred to in Article 105(5)(a) shall reflect the risk that low or negative interest rates may fall below their current level. By way of derogation from the previous sentence, the calculation of the interest rate risk sub-module shall not be required to take into account the risk of interest rates falling to levels below a negative floor where a negative floor can be determined such that the likelihood of interest rates across relevant currencies and across maturities not being at all times above the negative floor is sufficiently small. Having this in mind and in line with interest rates dynamics, the explicit floor identified should be increasing and term-dependent.
Amendment 649 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Directive 2009/138/EC
Article 112 – paragraph 7
Article 112 – paragraph 7
Amendment 655 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2009/138/EC
Article 122 – paragraph 5
Article 122 – paragraph 5
Amendment 677 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 54
Article 1 – paragraph 1 – point 54
Directive 2009/138/EC
Article 144b – paragraph 3 – subparagraph 2
Article 144b – paragraph 3 – subparagraph 2
Such a power shall only be exercised in exceptional circumstances, as a last resort measure and where this is in the collective interest of policy holders. Before exercising such a power, the supervisory authority shall take into account potential unintended effects on financial markets and on the rights of policyholders, including in a cross-border context. Supervisory authorities shall duly justify the application of those powers in writing.
Amendment 732 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 63
Article 1 – paragraph 1 – point 63
Directive 2009/138/EC
Article 213a – paragraph 1 – point e
Article 213a – paragraph 1 – point e
(e) investments in non-traditional investments do not represent more than 230% of total investments;
Amendment 740 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 64 – point b
Article 1 – paragraph 1 – point 64 – point b
Directive 2009/138/EC
Article 214 – paragraph 2 – subparagraph 2 – point ii
Article 214 – paragraph 2 – subparagraph 2 – point ii
Amendment 743 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 64 – point c
Article 1 – paragraph 1 – point 64 – point c
Directive 2009/138/EC
Article 214 – paragraph 3 – subparagraph 2
Article 214 – paragraph 3 – subparagraph 2
Before excluding the ultimate parent undertaking from group supervision pursuant to paragraph 2, point (b), the group supervisor shall consult EIOPA, and where applicable, other supervisory authorities concerned, and shall assess the impact of exercising group supervision at the level of an intermediate participating undertaking on the solvency position of the group. In particular, such an exclusion shall not be possible if it would result in a material improvement in the solvency position of the group.;
Amendment 749 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Directive 2009/138/EC
Article 228 – paragraph 1 – introductory part
Article 228 – paragraph 1 – introductory part
1. Irrespective of the method used in accordance with Article 220 of this Directive, for the purpose of calculating the group solvency, when participations in related undertakings from other financial sectors represent 20% or more of the voting rights or capital of the undertaking, the participating insurance or reinsurance undertaking shall take into account the contribution to the group eligible own funds and to the group Solvency Capital Requirement of the following undertakings:
Amendment 754 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 70
Article 1 – paragraph 1 – point 70
Directive 2009/138/EC
Article 228 – paragraph 5 a (new)
Article 228 – paragraph 5 a (new)
5a. For participations in related undertakings from other financial sectors different to those referred to in paragraph 1, participating undertakings shall apply a capital requirement according to a market risk module approach.
Amendment 780 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 90
Article 1 – paragraph 1 – point 90
Directive 2009/138/EC
Article 304 – paragraph 1
Article 304 – paragraph 1
1. Member States may authorise life insurance undertakings providing: (a) occupational retirement provision business in accordance with Article 4 of Directive 2003/41/EC, or (b) retirement benefits paid by reference to reaching, or the expectation of reaching, retirement where the premiums paid for those benefits have a tax deduction which is authorised to policy holders in accordance with the national legislation of the Member State that has authorised the undertaking; where (i) all assets and liabilities corresponding to the business are ring-fenced, managed and organised separately from the other activities of the insurance undertakings, without any possibility of transfer; (ii) the activities of the undertaking related to points (a) and (b), in relation to which the approach referred to in this paragraph is applied, are pursued only in the Member State where the undertaking has been authorisedand reinsurance undertakings where: (i) the average duration of the liabilities corresponding to the business held by the undertaking exceeds eight years; and (iii) the average duration of the liabilities corresponding to the business held by the undertaking exceeds an average of 12 years; to apply an equity risk sub-module of the Solvency Capital Requirement, which is calibrated using a Value-at-Risk measure, over a time period, which is consistent with the typical holding period of equity investments for the undertaking concerned, with a confidence level providing the policy holders and beneficiaries with a level of protection equivalent to that set out in Article 101, where the approach provided for in this Article is used only in respect of those assets and liabilities referred in point (i) of this paragraph. In the calculation of the Solvency Capital Requirement those assets and liabilities shall be fully considered for the purpose of assessing the diversification effects, without prejudice to the need to safeguard the interests of policy holders and beneficiaries in other Member States. Subject to the approval of the supervisory authorities, the approach set out in the first subparagraph shall be used only where the solvency and liquidity position as well as the strategies, processes and reporting procedures of the undertaking concerned with respect to asset–liability management are such as to ensure, on an ongoing basis, that it is able to hold equity investments for a period which is consistent with the typical holding period of equity investments for the undertaking concerned. The undertaking shall be able to demonstrate to the supervisory authority that that condition is verified with the level of confidence necessary to provide policy holders and beneficiaries with a level of protection equivalent to that set out in Article 101. Insurance and reinsurance undertakings shall not revert to applying the approach set out in Article 105, except in duly justified circumstances and subject to the approval of the supervisory authorities. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 781 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 90
Article 1 – paragraph 1 – point 90
Directive 2009/138/EC
Article 304 – paragraph 2
Article 304 – paragraph 2
Amendment 309 #
2021/0250(COD)
Proposal for a directive
Recital 49
Recital 49
(49) For the purposes of greater transparency and accountability and to increase awareness with regard to their activities, FIUs should issue activity reports on an annual basis. These reports should at least provide statistical data in relation to the suspicious transaction reports received, the number of disseminations made to national competent authorities, the number of requests submitted to and received by other FIUs as well as, information on trends and typologies identified as well as requests submitted to and received from competent authorities, Europol and EPPO. This report, should be made public except for the elements which contain sensitive and classified information. At least once annually, the FIU should provide each obliged entities with feedback on the quality of suspicious transaction reports, their timeliness, the description of suspicion and any additional documents provided. Such feedback canshould be provided to individual obliged entities or groups of obliged entities, depending on the sector, and should aim to further improve the obliged entities’ ability to detect and identify suspicious transactions and activities and enhance the overall reporting mechanisms. In case of legal disputes involving obliged entities and relating to suspicious transaction reporting, the obliged parties may, in their defence in the context of the sanctioning procedure, provide evidence of the feedback received from the FIU concerning previous filing of reports characterised by the same elements of suspicion.
Amendment 391 #
2021/0250(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
To that end, the Commission shall, at the latest by [43 years after the date of transposition of this Directive], draw up a report identifying, analysing and evaluating those risks at Union level. Thereafter, the Commission shall update its report every fourtwo years. The Commission may update parts of the report more frequently, if appropriate.
Amendment 481 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) a statement by the legal entity accompanied by a justification and supporting documents, that there is no beneficial owner or that the beneficial owner(s) could not be identified and verif; identified pursuant to Articles 42and 43 of the [AML Regulation]. These documents shall be available to obliged entitieds;
Amendment 510 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Member States shall require that the reporting of discrepancies referred to in paragraph 5 takes place within 14 calendar days after detecting the discrepancy. In cases of lower risk to which measures under Section 3 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] apply, Member States may allow obliged entities to request the customer to rectify discrepancies of a technical nature that do not hinder the identification of the beneficial owner(s) directly with the entity in charge of the central registersas soon as practically possible but no later than 30 working days after detecting the discrepancy.
Amendment 515 #
2021/0250(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Member States shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies, including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information within 30 working days at the latest. A specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entities.
Amendment 522 #
2021/0250(COD)
8. In the case of corporate and other legal entities and, where the trustee is an obliged entity as listed in Article, point (3)(a), (b) or (c) of Regulation[please insert reference - proposal for Anti- Money Laundering Regulation - COM/2021/420 final], legal arrangements, Member States shall ensure that the entity in charge of the central beneficial ownership register is empowered to carry out checks, including on-site investigations, at the premises or registered office of the legal entity, in accordance with national law, or at the premises of the legal entities’ representatives in the Union in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to- date. The right of the central register to verify such information shall not be restricted, obstructed or precluded in any manner and the central register shall be empowered to request information from other entities, including in other Member States and third countries, in particular through the establishment of cooperation agreements.
Amendment 769 #
2021/0250(COD)
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
Article 21 – paragraph 2 – subparagraph 1 a (new)
In case of legal disputes involving obliged entities and relating to suspicious transaction reporting, the obliged parties may, in their defence in the context of the sanctioning procedure, provide evidence of the feedback received from the FIU concerning previous filing of reports characterised by the same elements of suspicion.
Amendment 923 #
2021/0250(COD)
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.
Amendment 56 #
2021/0240(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure that only the riskiest obliged entities among those with significant cross-border operations are supervised directly at the level of the Union, the assessment of their inherent risk should be harmonised. Currently, there are various national approaches and supervisory authorities use distinct benchmarks for assessment and classification of inherent ML/TF risk of obliged entities. Using these national methodologies for selection of entities for direct supervision at Union level could lead to a different playing field among them. Therefore, the Authority should be empowered to develop regulatory technical standards laying out a harmonised methodology and benchmarks for categorising the inherent ML/TF risk as low, medium, substantial, or high. The methodology should be tailored to particular types of risks and therefore should follow different categories of obliged entities which are financial institutions in accordance with the Regulation of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing [OP please insert the next number for COM(2021)420]. That methodology should be sufficiently detailed and should establish specific quantitative and qualitative benchmarks considering at least the risk factors related to types of customers served, products and services offered, period of activity and geographical areas, including third country jurisdictions that obliged entities operate in or are related to. Specifically, each assessed obliged entity would have its inherent risk profile classified in each Member State where it operates in a manner consistent with the classification of any other obliged entity in the Union. The quantitative and qualitative benchmarks would allow such classification to be objective and not dependent on the discretion of a given supervisory authority in a Member State, or the discretion of the Authority.
Amendment 149 #
2021/0239(COD)
(14) Directive (EU) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above EUR 10 000, whilst allowing Member States to introduce stricter measures. Such approach has shown to be ineffective in light of the poor understanding and application of AML/CFT requirements, lack of supervision and limited number of suspicious transactions reported to the FIU. In order to adequately mitigate potential risks deriving from the misuse of large cash sums, a Union-wide limit to large cash transactions above EUR 10 .000 should be laid down, and in order to protect the fundamental rights and social inclusion of vulnerable users who have difficulties with electronic payments, such as the elderly and people with disabilities, a minimum limit of EUR 5,000 for cash payments should be ensured. As a consequence, persons trading in goods should no longer be subject to AML/CFT obligations.
Amendment 210 #
2021/0239(COD)
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60a) Business relationships and transactions involving high-net-worth individuals who present one or several factors of higher risk could seriously compromise the integrity of the Union’s financial system and cause serious vulnerabilities in the internal market. Obliged entities may therefore assess to apply enhanced customer due diligence measures as laid down in this Regulation with respect to those individuals.
Amendment 221 #
2021/0239(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Detailed rules should be laid down to identify the beneficial owners of corporate and other legal entities and to harmonise definitions of beneficial ownership. While a specified percentage shareholding or ownership interest does not automatically determine the beneficial owners, it should be one factor among others to be taken into account. Member States should be able, however, to decide that a percentage lower than 25% plus one of the shares or voting rights, may be an indication of ownership or control. Control through ownership interest of 25% plus one of the shares or voting rights or other ownership interest should be assessed on every level of ownership, meaning that this threshold should apply to every link in the ownership structure and that every link in the ownership structure and the combination of them should be properly examined.
Amendment 242 #
2021/0239(COD)
Proposal for a regulation
Recital 94
Recital 94
(94) The use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or receiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is therefore necessary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisions, but in order to protect the fundamental rights and social inclusion of vulnerable users who have difficulties with electronic payments, such as the elderly and people with disabilities, a minimum limit of EUR 5000 for cash payments should be ensured.
Amendment 301 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 – point c – point i
Article 2 – paragraph 1 – point 25 – point c – point i
(i) functions at the level of Union institutions and bodies that are equivalent to those listed in points (a)(i), (ii), (iv), (v) and (vi) and Directors-General of the European institutions;
Amendment 308 #
2021/0239(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
(27a) high-net-worth individual’ means a natural person who owns at least EUR 50 million or the equivalent in national currency in liquid financial assets
Amendment 337 #
2021/0239(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point d
Article 3 – paragraph 1 – point 3 – point d
(d) estate agents, including when acting as intermediaries in the letting of immovable property for transactions for which the monthly rent amounts to at least EUR 10 000 or more, or the equivalent in national currency or other accepted form of payment;
Amendment 348 #
2021/0239(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point i
Article 3 – paragraph 1 – point 3 – point i
(i) persons trading or acting as intermediaries in the trade of works of art, including when this is carried out by art galleries and auction houses, where the value of the transaction or linked transactions amounts to at least EUR 100 000 or the equivalent in national currency or other accepted form of payment;
Amendment 706 #
2021/0239(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Specific provisions regarding certain high-net-worth individuals In addition to the customer due diligence measures laid down in Article 16, obliged entities shall have in place appropriate risk management systems, including risk- based procedures, to determine whether a customer or the beneficial owner of a customer is a high net-worth individual who also presents any of the higher risk factors set out in Annex III.2. With respect to transactions or business relationships with high-net worth individuals as referred to in paragraph 1, obliged entities may apply, according to the risk based approach, the following measures: (a) obtain senior management approval for establishing business relationships with those customers ; (b) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions with those customers ; (c) conduct enhanced, ongoing monitoring of business relationships with those customers.
Amendment 756 #
2021/0239(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, where ‘control through an ownership interest’ is based on a threshold, it shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest in the corporate entity, including through bearer shareholdings,level of ownership in the corporate entity on every level of ownership.
Amendment 924 #
2021/0239(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Persons trading in goods or providing services may accept or make a payment in cash only up to an amount of EUR 10 000 Union-wide limit or equivalent amount in national or foreign currency, whether the transaction is carried out in a single operation or in several operations which appear to be linked, and in order to protect the fundamental rights and social inclusion of vulnerable users who have difficulties with electronic payments, such as the elderly and people with disabilities, a minimum limit of EUR 5,000 for cash payments should be ensured.
Amendment 934 #
2021/0239(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Member States may adopt lower limits following consultation of the European Central Bank in accordance with Article 2(1) of Council Decision 98/415/EC57 . Those lower limits shall be notified to the Commission within 3 months of the measure being introduced at national level. In order to protect the fundamental rights and social inclusion of vulnerable users who have difficulties with electronic payments, such as the elderly and people with disabilities, a minimum limit of EUR 5,000 for cash payments should be ensured. _________________ 57 Council Decision of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42).
Amendment 280 #
2021/0191(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Article 4 of Regulation (EU) 2020/852 requires Member States and the Union to apply the criteria set out in Article 3 of that Regulation to determine whether an economic activity qualifies as environmentally sustainable for the purposes of any measure setting out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable. It is therefore logical that the technical screening criteria referred to in Article 3, point (d), of Regulation (EU) 2020/852 should determine which fixed assets, expenditures and financial assets can be financed by the proceeds of European green bonds. In view of the expected technological progress in the field of environmental sustainability, the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are likely to be reviewed and amended over time. Regardless of such changes, in order to provide legal certainty to issuers and investors and prevent amendments to the technical screening criteria from having a negative impact on the price of European green bonds that have already been issued, issuers should be able to apply the technical screening criteria applicable at the moment the European green bond was issued when allocating the proceeds of such bonds to eligible fixed assets or expenditures, until maturity of the bond. To ensure legal certainty for European green bonds whose proceeds are allocated to financial assets, it is necessary to clarify that the underlying economic activities funded by those financial assets should comply with the technical screening criteria applicable at the moment the financial assets were created. Where the relevant delegated acts are amended, the issuer should allocate proceeds by applying the amended delegated acts within five years.
Amendment 375 #
2021/0191(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In order to allow flexibility in the destination of the proceeds, up to 20% amount of the proceeds, could be allocated to not taxonomy aligned activities that do not comply with all the TSC and DNSH criteria as established in a delegated act of the Commission, The information on the proceeds that would be allocated to not taxonomy aligned activities will be evidenced in the annual allocation report under the supervision of an independent verifier.
Amendment 382 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 391 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 are amended following the creation of the debt referred to in the first subparagraph, the issuer shall allocate bond proceeds to the debt referred to in the first subparagraph by applying the amended delegated acts within five years after their entry into applicationpply the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 applicable at the point in time when the debt was created.
Amendment 397 #
2021/0191(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Where a European green bond refinances a previously issued European green bond as referred to in Article 4(3), the delegated acts referred to in paragraph 2 shall be those applicable at the point in time when the debt was created.
Amendment 193 #
2021/0171(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49 a) Creditors, providers of crowdfunding credit services and insurers should not take into account the medical history of people who have been affected by cancer. Currently, five Member States have national provisions to help specific groups of people affected by cancer, under certain circumstances, to access financial services, including insurance, without reference to the risk associated with cancer. Such provisions should be implemented in all Member States. To this end, Member States should define, with the support of medical, scientific and statistical experts, the conditions determining the right to access financial services, including insurance, without reference to the risk associated with cancer. Member States should also undertake to adopt measures to inform consumers of the existence of this right. The imposition of restrictive conditions in policies, which are not based on medical, scientific and statistical data, should be avoided whenever pre-existing conditions are disclosed.
Amendment 204 #
2021/0171(COD)
Proposal for a directive
Recital 62
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of JusticeThe consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit, which includes all the costs imposed by the creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up-front costs - in so far as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan - that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
Amendment 211 #
2021/0171(COD)
Proposal for a directive
Recital 65
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States, caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
Amendment 245 #
2021/0171(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(g a) credit agreements where the credit is granted free of interest and without any other charges;
Amendment 286 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) Short-term, interest-free (“STIF”) credit agreement means “a fixed-sum credit agreement between a consumer (borrower) and a creditor (lender) entered into in connection with the purchase of goods or services, where the credit is granted free of interest and without any other charges and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable”.
Amendment 377 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments; (g) the type of credit;
Amendment 381 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
Amendment 384 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
Amendment 385 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
Amendment 386 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
Amendment 389 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point g
Article 10 – paragraph 3 – point g
Amendment 416 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 438 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 445 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
Amendment 460 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 464 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
Amendment 517 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. Under those circumstances, the insurance policy shall avoid imposing restrictive conditions, whenever specific requirements related to pre-existing medical conditions are fulfilled (such as the “right to be forgotten” criteria for cancer survivors). Member States shall guarantee that people cured of specific pathologies have equal access to insurance policies. For this purpose, Member States should define, with the support of medical, scientific and statistical experts, the conditions that determine the right to access financial services, including insurance, without reference to cancer, committing themselves to review these conditions periodically. Member States should also take measures to inform consumers of the existence of this right.
Amendment 541 #
2021/0171(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall prohibit any sale of credit to consumers, without their prior request and explicit agreement. This provision shall not apply to credit agreements concluded at point of sale to finance the purchase of a good or a service
Amendment 552 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, taking into account the nature and the risks of the credit, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. The obligation to assess the creditworthiness is considered fulfilled if the creditor has met the requirements provided by Directive 2013/36/EU, Regulation n. 575/2013 EU and EBA Guidelines ABE/GL/2020/06.
Amendment 558 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repaymenwhich is necessary and proportionate to the nature and the risks of the credit, inform relation on financial assets and liabilities, or information on other financial commitmentsto nature, duration, complexity and size of the credit granted. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19. In the case of STIF credit agreements, as referred to in Article [3 point 5a] of the current Directive , the creditors may base their creditworthiness assessment on other indicators or information as appropriate to the reduced risk levels associated with these products.
Amendment 564 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 570 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1 a (new)
Article 18 – paragraph 2 – subparagraph 1 a (new)
Given that STIF credit agreements (as defined in Article 3) are a relatively new and rapidly expanding market, Member States shall impose additional reporting requirements on STIF credit providers licensed in their territory including on usage levels, default rates and late fee revenues accrued. Where default rates and late fees are found to be excessively high, Member States shall take additional steps to ensure the full compliance of the STIF credit provider with the conduct rules set out in Article 38 and require remedial measures as appropriate.
Amendment 585 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
Amendment 592 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Amendment 600 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 651 #
2021/0171(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. Member States shall identify, among the elements listed in paragraph 1, those which, if absent or uncertain, shall lead to the nullity of the contract, those which can be replaced by law and those which extend the period for exercising the right of withdrawal defined by article 26.
Amendment 688 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into consideration, except for up-front costs, which are fully exhausted at the time of granting of the loan and corresponded to services effectively provided to the consumer or to costs effectively incurred by creditor as well as third party costs. The up-front costs should be adequately identified and declared in the credit contract. In any case, costs that remunerate credit intermediaries activities or costs that remunerate creditor’s services as well as taxes are excluded from the calculation of the reduction of the total cost of credit. As regards the method of reimbursement the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should be used unless otherwise regulated in the contract.
Amendment 711 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. 1. Member States shall introducemay set caps on one or more of the following:
Amendment 721 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States may introduce additional caps for revolving credit facilitiesThe provision of Paragraph 1 is considered fulfilled whereas there are national legislations already in force setting up caps on one of the options listed in letters a,b, c.
Amendment 796 #
2021/0171(COD)
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The Commission shall also monitor the effect of the existence of the regulatory choices referred to in Article 42 on the internal market and consumers. Given that STIF credit products (as defined in Article 3) are a relatively new and rapidly expanding market, it is appropriate that the Commission gives particular consideration in its review to the further development of this market and the evidence base regarding consumer harm, and to whether the treatment of such products under this Directive needs to be revised.
Amendment 203 #
2021/0170(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The indication of origin is a necessary supplement to the basic traceability requirements laid down in this Regulation concerning the name and address of the manufacturer. Furthermore, the indication of the country of origin helps to identify the actual place of manufacture in all those cases where the manufacturer cannot be contacted, in particular where its given address is different from the actual place of manufacture, where the name and address of the manufacturer is missing altogether or where the address was on the packaging that has been lost. Suchinformation can facilitate the task of market surveillance authorities in tracing the product back to the actual place of manufacture and enable contacts with the authorities of the countries of origin in the framework of bilateral or multilateral cooperation on consumer product safety for appropriate follow-up actions.
Amendment 294 #
2021/0170(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(a a) printed books and periodical different from children's books and printed periodicals;
Amendment 303 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, interconnected or not to other items, suppliitem placed or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – -which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them;
Amendment 312 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or miscorrect use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers;
Amendment 316 #
2021/0170(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘dangerous product’ means any product which does not conform to the definition of ‘safe product’, by virtue of the manner it is created, or the components with which it is manufactured, or use to which it is intended, may potentially endanger the health and/or safety of consumers;
Amendment 336 #
2021/0170(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 337 #
2021/0170(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Manufacturers and a natural or legal person, other than the manufacturer, that substantially modifies the product pursuant to article 12 thereof, shall place or make available on the Union market only products as defined in accordance with this Regulation.
Amendment 370 #
2021/0170(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics;
Amendment 390 #
2021/0170(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 398 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. These communication channels and the reporting methods shall be provided in accessible formats for persons with disabilities.
Amendment 405 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 429 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or, where the size or nature of the product does not allow it, that the required information is provided on the packaging or in a document accompanying the product. This information shall be provided in accessible formats for persons with disabilities.
Amendment 432 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted. This information shall be provided in accessible formats for persons with disabilities.
Amendment 437 #
2021/0170(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available. Alternatively, the instructions may be provided in a digital format. However, upon consumer’s request at the time of the purchase of the product, the instructions shall be provided in paper format free of charge. This requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 459 #
2021/0170(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) provide asupport market surveillance authority, upon its reasoned request, withand ensure that all information and documentation necessary is available for inspection by the market surveillance authority to demonstrate the safety of the product in an official language which can be understood by that authority;
Amendment 468 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 474 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. ITaking into account the practices and characteristics of each product sector, importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer. This information shall be provided in accessible formats for persons with disabilities.
Amendment 476 #
2021/0170(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Importers shall ensure that the product they imported is accompanied by instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information. This information shall be provided in accessible formats for persons with disabilities.
Amendment 523 #
2021/0170(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out sample testing ofaking into account the practice and characteristics of each product sector as well as the evidence, based on the same characteristics and functions, of the safety of the product, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall be able to provide testing documentation against harmonized standards upon request for randomly chosen products made available on the market. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a year, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated.
Amendment 545 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Where products are made available on the market online or through other means of distance sales by the relevant economic operators, the relevant offer of the product shall clearly and visibly indicate at least the following information to achieve parity with offline sales, such as:
Amendment 548 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) information that allow to identify the product, includingfor example its type and, when available, batch or serial number and any other product identifier;
Amendment 550 #
2021/0170(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany itpackaging in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers. and enable additional information to be accessible through manufacturer’s e-label. This information shall be provided in accessible formats for persons with disabilities
Amendment 574 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Online marketplaces should comply with the obligations set out in Article 10 for products they facilitate the sale of when there is no manufacturer established in the Union and no importer.
Amendment 579 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working days in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gatereplying via email to the notified order.
Amendment 585 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of applying their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referring to dangerous products offered on their marketplace, where applicable. They shall informprovide periodic agreed reports to the authority that made the notification to the Safety Gate of any action taken by using the contacts of the market surveillance authority published in the Safety Gate.
Amendment 592 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days, in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
Amendment 622 #
2021/0170(COD)
Proposal for a regulation
Article 20 – paragraph 6 – point d
Article 20 – paragraph 6 – point d
(d) allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous productupon request, provide relevant data useful to effectively engage in market surveillance activities;
Amendment 683 #
2021/0170(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one Member State according to this Regulation shall be presumed dangerous by market surveillance authorities in other Member States.
Amendment 698 #
2021/0170(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In the framework of the activities referred to in Article 28(3), point (b), market surveillance authorities may agree with other relevant authorities orand with organisations representing economic operators orand consumers to carry out activities aimed at ensuring safety and protection of consumers health with respect to specific categories of products placed or made available on the market, in particular categories of products that are often found to present a serious risk.
Amendment 710 #
2021/0170(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States and the Commission shall take the necessary steps to ensure that their officials and agents are required not to disclose information, different from the ones pointed out in article 31(1), obtained for the purposes of this Regulation which, by its nature, is covered by professional secrecy in duly justified cases, except for information relating to the safety properties of products pursuant to article 31(1) which must be made public in order to protect consumers.
Amendment 720 #
2021/0170(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Consumers shall have the possibility to inform the Commission of products which may presenting a risk to consumer health and safety through a separate section of the Safety Gate portal. The Commission shall take in due consideration the information received and ensure follow up, where appropriate.
Amendment 784 #
2021/0170(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
It shall apply from [624 months after the entry into force of this Regulation].
Amendment 35 #
2021/0045(COD)
Proposal for a regulation
Recital (14)
Recital (14)
(14) In order to allow for the development of a more efficient, integrated and competitive market for roaming services, there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. Obstacles to access to such wholesale roaming services, due to differences in negotiating power and in the degree of infrastructure ownership of undertakings, should be removed. To that end, wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer where possible retail roaming services equivalent to the services offered domestically. Mobile virtual network operators (MVNOs) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same Member State. Commercial negotiations, however, may not leave enough margin to MVNOs and resellers for stimulating competition through lower prices. The removal of those obstacles and balancing the negotiation power between MVNOs/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative, innovative and Union-wide roaming services and offers for customers. Directive (EU) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.
Amendment 37 #
2021/0045(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Therefore an obligation to meet reasonable requests for wholesale access to public mobile communications networks for the purpose of providing roaming services should be laid down . Such access should be in line with the needs of those seeking access. End-users of services requiring modern technologies and retail roaming services should be able to enjoy, where possible, the same quality of service when roaming as domestically. A wholesale roaming access obligation should therefore ensure that access seekers can replicate the retail services offered domestically, unless mobile network operators requested to provide access can prove that it is technically unfeasible to do so. Access should be refused only on the basis of objective criteria, such as technical feasibility and the need to maintain network integrity. Where access is refused, the aggrieved party should be able to submit the case for dispute resolution in accordance with the procedure set out in this Regulation. In order to ensure a level playing field, wholesale access for the purpose of providing roaming services should be granted in accordance with the regulatory obligations laid down in this Regulation applicable at the wholesale level and should take into account the different cost elements necessary for the provision of such access. A consistent regulatory approach to the wholesale access for the provision of roaming services should contribute to avoiding distortions between Member States. BEREC should, in coordination with the Commission and in collaboration with the relevant stakeholders, issue guidelines for wholesale access for the purpose of providing roaming services.
Amendment 46 #
2021/0045(COD)
Proposal for a regulation
Recital (29)
Recital (29)
(29) Roaming providers should be able to apply a ‘fair use policy’ to the consumption of regulated retail roaming services provided at the applicable domestic retail price. The ‘fair use policy’ is intended to prevent abusive or anomalous usage of regulated retail roaming services by roaming customers, such as the use of such services by roaming customers in a Member State other than that of their domestic provider for purposes other than periodic travel. Roaming providers should, in cases of force majeure caused by circumstances such as pandemics or natural catastrophes which involuntarily extend the period of temporary stay of the roaming customer in another Member State, consider extending the applicable fair use allowance for an appropriate period, upon a justified request by the roaming customer . Any fair use policy should enable the roaming provider’s customers to consume volumes of regulated retail roaming services at the applicable domestic retail price that are consistent with their respective tariff plans.
Amendment 50 #
2021/0045(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A contract which includes any type of regulated retail roaming service should specify the characteristics of that regulated retail roaming service, including the expected level of quality of serviceclear and comprehensible information on the expected level of quality of service. Such information should be provided in line with BEREC’s retail roaming guidelines. The provider should make available information on relevant factors that can affect the quality of service, such as availability of certain technologies, coverage or variation due to external factors such as topography.
Amendment 57 #
2021/0045(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the Union and on the wholesale prices charged for value added services. Communications to certain numbers which are used for providing value added services, for example, premium-rate numbers, freephone numbers or shared cost numbers, are subject to particular pricing conditions at the national level. This Regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. Nevertheless, the RLAH principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. However, this is not always the case when roaming. End-users are confronted with increased costs, even when they call numbers that are free when called domestically. This could erode customers’ confidence in using their phones when roaming and could result in bill shocks, thus having a negative impact on a genuine RLAH experience. This is mainly caused, at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. Therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. To that end, roaming customers and roaming customers living with a disability should be informed in their contract and notified and warned, in a timely manner and free of charge, that communications to value added services numbers in roaming can entail additional charges.
Amendment 60 #
2021/0045(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad, providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited Member State. Since certain customer groups might be well informed about roaming charges, roaming providers should provide a possibility to easily opt-out from this automatic message service. In addition, roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and SMS) that may be subject to increased costs. Such communications should be guaranteed and easily accessible for roaming customers living with a disability. Moreover, providers should actively give their customers, provided that the latter are located in the Union, on request and free of charge, additional information on the per- minute, per-SMS or per-megabyte data charges (including VAT) for the making or receiving of voice calls and also for the sending and receiving of SMS, MMS and other data communication services in the visited Member State.
Amendment 86 #
2021/0045(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) clear and comprehensible information on the quality of service that can reasonably be expected when roaming in the Union, including in particular information on the speed and potential limitation to the transmission of data.
Amendment 94 #
2021/0045(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Roaming providers shall, except when the roaming customer has notified the roaming provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when the roaming customer enters a Member State other than that of his domestic provider, with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and, if available, information on value added services number ranges. Such communications shall be guaranteed and easily accessible in particular for roaming customers living with a disability.
Amendment 23 #
2020/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Observes that on average the standard rate was applied to 71% of the total tax base in the Member States in 2019; that the taxable base at the standard VAT rate varied from 97% (BG) to 47% (ES); that on average, the VAT gap is 10% in the EU but that it varies greatly from Member State to Member State20; that the number of reduced and super-reduced rates varies between Member States; that only five Member States21continue to apply super-reduced rates; that only Denmark does not apply reduced rates; _________________ 20From 33% in RO as far down to 1% in SE and HR. 21FR, IE, IT, LU and ES as of 1 January 2021.
Amendment 31 #
2020/2263(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that simplifying VAT with the introduction of a single rate and revenue neutrality could reduce the standard rate in the EU by an average of 7%, thus bringing the standard rate down from 13% to 2%;
Amendment 38 #
2020/2263(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Takes the view that applying a multitude of reduced rates aggravates the complexity and opacity of the tax system, facilitates fraud and incMember States should be able to continue to use reduced rates to combat poverty, support disadvantaged production sectors and assist economically depreasses compliance costd geographical areas;
Amendment 76 #
2020/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Observes that the application of reduced rates does not systematically give rise to permanent price reductions for the consumer; that the effectiveness of a reduced rate depends on a number of factors, such as the extent to which businesses pass it on to consumers, its duration over time, the size of the reduction and the complexity of the rate system; that the passing-on of reductions in their entirety is therefore a random process and should not be the basis for policy-making; that it is impossible to target low-income household, while it is it is impossible to target low-income households, it is still necessary to maintain reduced rates for basic necessities;
Amendment 91 #
2020/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 101 #
2020/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that direct tax incentives, such as direct grants or tax credits targeting specific consumers and producers, are more effective, flexible, visibletogether with reduced rates, are tools that are just as efficacious and cost- effective tools forin achieving these social and environmental objectives;
Amendment 117 #
2020/2263(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Endorses the findings of the DIW Econ study which stresses that on average the standard rate was applied to 71% of the total tax base in the Member States in 2019; points out that diversified VAT systems impose costs on businesses, particularly SMEs via increased compliance costs, create distortions in the internal market and trade, and incur costs on government through lost revenue; adds that reduced rates are an insufficient means of achieving revenue-distribution or environmental objectives;
Amendment 125 #
2020/2263(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes the difficulties in reducing the VAT gap between Member States owing to the need to maintain a number of VAT exemptions for certain goods and services and the willingness of Member States to maintain reduced rates of at least 54%; acknowledges that Member States need to conserve the flexibility to set their own VAT rates given the importance of this tax as a budgetary instrument;
Amendment 5 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU; recalls the importance of an overall impact assessment to make sure that any legislative measure is without prejudice to the EU internal market;
Amendment 27 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changesinvolves paying attention to diets, production systems and, internal trade and promoting public food education campaigns starting from primary schools;
Amendment 45 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to step up its support for regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality products for consumers; takes the view that legislation on European public procurement should be revised in order to foster local, high-quality food supply systems; underlines the fundamental role of public administrations in the collective catering sector, in which priority should be given to organic, traditional, typical products, products with geographical indication and from a short supply chain;
Amendment 85 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and health; recalls the importance of effective application of the Directive on unfair practices in the agri-food chain;
Amendment 97 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatovoluntary and harmonised labelling of the nutritional value of foods on the front of packaging; underlines however that front-of-pack labelling schemes as Nutri-Score, not based on actual portions of consumption, mislead consumers, influencing their choices on the basis of simplistic and distorted judgments that consistently lack nutrition- specific information;
Amendment 100 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomAcknowledges the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied by mandatthrough consumer education campaigns and actions that inforym and harmonised labelling of the nutritional vabout the importance of a varied and balanced diet, which does not exclude ofany food as lon the front of packagingg as it is consumed in the right quantities and frequencies and which is accompanied by adequate physical activity;
Amendment 108 #
2020/2260(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that the key to pursue the objective of healthier diets should be providing clear and correct information to consumers, not influencing their food choices with distortive claims on nutritional values; it further underlines that nutrition labelling schemes could be detrimental to some products that benefit from an indication of origin;
Amendment 113 #
2020/2260(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
Amendment 122 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Regards it as essential, further, to keepsafeguard consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels’ right to complete information for a conscious and safe choice by introducing mandatory origin labelling of food and the need to evaluate, in the context of the labelling of products of animal origin, an indication on the animal welfare, sustainability and pesticide residue levels; stresses in any case that every initiative in this sense should be subject to the need to safeguard the European livestock market;
Amendment 134 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the importance of extending the indication of origin labelling, including that of primary ingredients, to all agricultural supply chains; stresses that the indication of origin requirement should be made uniform throughout the EU internal market in such a way that is sustainable for the entire agri-food chain;
Amendment 169 #
2020/2260(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and to earmark sufficient resources so that checks can be stepped up and legally define at EU level the concepts of “Fraud and Agri-food Crime” and that of “Sounding”;
Amendment 186 #
2020/2260(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that the tools of the Farm to Fork Strategy could be profitable for the European market only if environmental and social sustainability are placed at the core of the EU trade policy in relation to agreements with third Countries;
Amendment 8 #
2020/2223(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the importance of safeguarding consumers' right to a conscious and safe choice by promoting tools that will ensure the highest level of transparency about the composition and origin of products;
Amendment 57 #
2020/2223(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that the significant state aid support related to the COVID-19 crisis by some Member States has resulted in a substantial variation in state aid intensity across the EU internal market; strongly encourages the Commission to ensure a balanced application of state aid schemes in order to avoid asymmetries that could endanger free and fair competition in the internal market;
Amendment 58 #
2020/2223(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that ensuring a level playing field for undertakings in the single market also depends on decisively and effectively combating social and fiscal dumping;
Amendment 59 #
2020/2223(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages the adoption of measures to strengthen European start- ups and SMEs as a means of supporting their competitiveness with non-EU ones, in accordance with the level playing field principle; stresses the need of a proper application of competition policy to third- country companies operating in the EU internal market;
Amendment 79 #
2020/2223(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the adoption of a Temporary Framework for State aid measures established in response to the COVID-19 crisis and takes the view that it should be extended even beyond the end of the movement restrictions for citizens, in order to allow for medium- and long- term intervention in all sectors that might suffer a negative economic impact in the coming years, in particular for SMEs;
Amendment 104 #
2020/2223(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to thoroughly assess the imbalances between Member States in the provision of State aid during the temporary regime, with regard to both the 2009 financial crisis and the current COVID-19 crisis; calls on the Commission to publish a historical report on the amount of State aid approved per country and per sector, with in-depth comparisons;
Amendment 111 #
2020/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates the priority of ensuring that State aid rules are strictly and impartially adhered to, including when dealing with future banking crises, so that taxpayers and savers are protected against the burden of bank rescues; calls on the Commission to publish a historical report on the amount of State aid approved in the banking sector in the Member States, with in-depth comparisons;
Amendment 116 #
2020/2223(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that, despite the suspension of the Stability and Growth Pact, the Commission is continuing its moral suasion by stressing the need for rigour in public finances in the medium term, inducing countries with high levels of government debt to spend less than is necessary to support the economy against the background of an unpredictable crisis; points out that inadequate public intervention during lockdowns can destroy entire sectors of the economy and create deep and lasting structural and social crises;
Amendment 123 #
2020/2223(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for reflection on possible distortions of competition arising from the European Central Bank’s pandemic emergency purchase programme (PEPP) and corporate sector purchasing programme (CSPP);
Amendment 132 #
2020/2223(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to explore temporary solutions whereby large corporations operating in online trading and deliveries, which have been excessively rewarded by the restrictions to contain the Coronavirus, can help support traditional retail and catering activities, which, on the contrary, have been heavily penalised;
Amendment 150 #
2020/2223(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its concern about distortive state-funded competition from Chinese and other foreign undertakings acquiring European undertakings, especially those active in innovative technologies, and regrets the conclusion of the 'Comprehensive Agreement on Investment' negotiations with China, which fail to take sufficient account of these distortive aspects and of the more important issue of respect for human rights;
Amendment 174 #
2020/2223(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the opinion that the Union and the Member States need targeted policies and investments to reindustrialise and re- shore jobs and value chain activities; considers it a matter of priority in this regard to eliminate the austerity constraints inherent in the Stability and Growth Pact;
Amendment 194 #
2020/2223(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. WelcomNotes the Commission’s determination to address unfair terms and practices, act decisively, and eliminate illegitimate obstacles to online competition in the European digital single market; points out that every day, large digital corporations transfer huge profits without paying the right taxes in the countries where the transactions actually took place; regrets that some Member States encourage tax avoidance through their tax and legal systems;
Amendment 15 #
2020/2220(INL)
Motion for a resolution
Recital A
Recital A
A. whereas since 1976, when the European Electoral Act paved the way for the election of the representatives of the European Parliament by direct universal suffrage for the first time, the EP has continuously requested the reform of EU electoral law and moves towards a more a genuine, uniform and European electoral procedure; whereas electoral law falls within the competence of the Member States;
Amendment 23 #
2020/2220(INL)
Motion for a resolution
Recital D
Recital D
Amendment 31 #
2020/2220(INL)
Motion for a resolution
Recital F
Recital F
F. whereas, despite some steps forward in defining common standards of electoral procedures for the European Parliament, today EU elections are still mostly governed by national laws and therefore more improvements are needed to establish a genuinely uniform procedure for European elections today EU elections are still mostly governed by national laws and are a collection of national elections and they should stay as such in the future;
Amendment 38 #
2020/2220(INL)
Motion for a resolution
Recital G
Recital G
G. whereas the turnout registered in the 2019 European elections was the highest of any elections to the European Parliament in the last 20 years; whereas increased turnout is a positive signal shows that citizens of the Union are taking an increasing interest in the development of thea new European integratUnion, as indicated also by the results of the special Eurobarometer of 9 March 2021;
Amendment 52 #
2020/2220(INL)
Motion for a resolution
Recital L
Recital L
L. whereas an appropriate approach to reforming the European electoral law should be based on respect for the principles of subsidiarity and proportionality and the introduction of recommendations for common minimum standards , based on the European best practices;
Amendment 56 #
2020/2220(INL)
Motion for a resolution
Recital M
Recital M
M. whereas the reform of the European Parliament's electoral procedure should aim to enhance the democratic and transnational dimension of the European elections and the democratic legitimacy of the Union decision-making process, reinforce the concept of citizenship of the Union, improve the functioning of the European Parliament and the governance of the Union, make the work of the European Parliament more legitimate, strengthen the principles of electoral equality and equal opportunities, enhance the effectiveness of the system for conducting European elections, and bring Members of the European Parliament closer to their voters, and in particular the youngest amongst them, while preserving the national character of electoral matters;
Amendment 79 #
2020/2220(INL)
Motion for a resolution
Recital T
Recital T
Amendment 98 #
2020/2220(INL)
Motion for a resolution
Recital W
Recital W
W. whereas an electoral authority, acting as a network of network and synergies among Member States' single contactelectoral authorities, should be set updeveloped at Union level, as this would facilitate access to information on the rules governing the European elections, as well as streamlining the process, managing the joint constituency and enhancing the European character of those elections;
Amendment 103 #
2020/2220(INL)
Motion for a resolution
Recital X
Recital X
X. whereas postal, electronic and internet voting could make the conduct of European elections more efficient and more appealing for voters, whilstthe voting system in each Member State should be efficient and should ensuringe the highest possible standards of data protection;
Amendment 111 #
2020/2220(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Suggests the reform of its electoral procedure with the goal of shaping in a concrete way a European public sphere, by suggesting recommendations for common minimum standards and legislative changbased on the European best practices ahead of the 2024 European elections;
Amendment 113 #
2020/2220(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it essential to improve the transparency and democratic accountability of the Parliament, by strengthening the European dimension of the elections, notably by shifting the debate in election campaigns away from national topics towards genuinely European issues; in addition, considers it essential to transform the European elections into a single European election, as opposed to the collection of 27 separate national elections, which is the way that European elections are mainly perceived today; in addition, considers it essential to provide national electoral authorities with support from the EU level;
Amendment 124 #
2020/2220(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Observes that diverging electoral cultures have resulted in a range of different electoral systems; considers therefore that recommon minimum standards are needed, in order to ensure approximation towards a unified European electoral law and equality of the vote for citizens of the Unionendations for common standards, based on the European best practices, are needed, including as regards: the right to register a party and to stand for elections; access to ballots; the fielding of candidates; accessibility of voting; or what happens on the day of the elections;
Amendment 130 #
2020/2220(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the establishment of a common framework of recommendations, with benchmarks and minimum standards for election rules across the EU, and suggests focusing on a strong coordination with national measures for implementing the core of its proposals, without prejudice to the Member States' authority in the field of electoral law;
Amendment 139 #
2020/2220(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers gender equality to be a key horizontal element for improving the quality of EU democracy and enhancing a European public space; calls on Member States to apply this principle and the provisions contained in the Parliament’s proposal in the attached legislative act in a comprehensive way, in accordance with their own competences; calls for the introduction of lists of candidates with an equal number of male and female candidates for the electable places, for example through the use of zipped lists or other equivalent methods, since, in many Member States, there is no legislation that ensures political gender parity in electionfurther calls on Member States to increase efforts to ensure gender equality and equal opportunities in the European electoral process;
Amendment 156 #
2020/2220(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 164 #
2020/2220(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on EuropeanEncourages political parties and movements to nominindicate their candidates for the position of President of the Commission - or common candidates of a coalition of European parties and movements - at least 12 weeks before the start of the electoral period; consi, in orders that binding democratic procedures and transparency in the selection should be ensured; expects candidates to be placed in the first position of the corresponding list of the joint constituencyo ensure the democratic scrutiny and a fully informed choice of EU citizens when voting in the European elections;
Amendment 174 #
2020/2220(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for enhancing the visibility of European parties and movements through media campaigns and on ballot papers and all electoral materials; determines that national parties shallcan indicate their affiliation to the European political parties and to the corresponding lead candidate during the electoral campaign;
Amendment 188 #
2020/2220(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 204 #
2020/2220(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that transnational lists are a lever that can be used to bring about the formation of true and effectiveEuropean elections are a collection of national processes, in which European political parties and movements can play an important role;
Amendment 215 #
2020/2220(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Suggests including common provisions governing expenditure linked to the European electoral campaign for each entity admitted for the purpose of tabling a list of candidates for members of the European Parliament in the Union-wide constituencyto the EU elections; calls for strong coordination with the upcoming revision of Regulation (EU, Euratom) No 1141/20214 on this matter;
Amendment 222 #
2020/2220(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the minimum age for eligibility to stand as a candidate across the 27 Member States varies between 18 and 25; calls for the introducobserves that its determination falls within national competences and encourages the adoption of a recommendation ofor a single, harmonised age for passive and active voting rights across Member States as a way to ensure real voting equality and to avoid discrimination in the most fundamental area of citizenship, namely the right to participate in the democratic process;
Amendment 229 #
2020/2220(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers transparency of the electoral process and access to reliable information to be essential elements for raising European political awareness and securing an election turnout that is high enough to constitute a mandate from the electorate; highlights that citizens shall be informed well in advance - notably 12 weeks before the elections - about the candidates standing in the European elections and about the affiliation of national political parties to a European political party;
Amendment 237 #
2020/2220(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Proposes establishing a European Estructured network between national electoral Aauthority in charge ofies for coordinating information on the European elections, monitoring the implementation of the common standards of the European electoral law and supervising the exchange of information on voting by citizens of the Union outside their home country; considers that such a bodystructure could facilitate an efficient exchange of information, and in particular the sharing of best practices, between national bodies; suggests that an essential task of the Authority would be the management of the register of electoral lists for joint constituencies;
Amendment 255 #
2020/2220(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the introduction of postal voting is neededcould be useful for voters who are unable to go to the polling stations on election day, and that this could make the conduct of European elections more efficient and more appealing for voters in specific or exceptional circumstances; calls in this regard on Members States to consider the possible introduction of complementary enhancing tools such as electronic or internet votingeffective tools and procedures, in accordance with their own national traditions and constitutions, and with appropriate safeguards;
Amendment 262 #
2020/2220(INL)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that establishing a common European voting day would create a more coherent pan-European election and therefore suggests fixing 9th May as the European election day , regardless of the day of the week on which it falls, with the possibility of that day becoming a public holiday; considers it important that the first official projections of the electoral results are announced simultaneously in all Member Statenational authorities make independent decisions regarding election times, e.g. the first official projections onf the election day at 21:00 hours CEToral results;
Amendment 270 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 4
Annex to the motion for a resolution – Recital 4
(4) In spite of the provisions of the Electoral Act, elections to the European Parliament, which are largely determined by national rules, which differ considerably across Member States, resulting in a range of different electoral systems. Elections for the European Parliament take place on different days, and votes are cast for national parties with national candidates on the basis of national programmes. Approximation of those different electoral systems through the adoption of a more unified European electoral lawrecommendations for a more harmonised European electoral process across the Member States, based on clear common principles and rulesstandards, would ensure voter equality for all citizens of the Union, and strengthen the European public sphere.
Amendment 272 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 5
Annex to the motion for a resolution – Recital 5
Amendment 284 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 6
Annex to the motion for a resolution – Recital 6
(6) According to Article 10(4) of the TEU, political parties at European level contribute to forming European political awareness and to expressing the will of citizens of the Union. European political parties and movements should therefore play a more central role in the European elections’ process, including by giving them the possibility of tabling pan- European lists in the Union-wide constituency, so that they become known by and and become more visible to electors, both on ballot papers and in campaign materials and publications.
Amendment 301 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 9
Annex to the motion for a resolution – Recital 9
(9) A European Electoral Authority should be established for the management of the Union-wide constituency. Such a European Estructured network between national electoral Aauthority wies should be essentialtablished for coordinating information on the European elections and monitoring the implementation of the common standards of the European electoral law, by ensuring an efficient exchange of information and best practices between national bodies. In addition.
Amendment 313 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 10
Annex to the motion for a resolution – Recital 10
(10) In order to encourage voter participation in elections to the European Parliament, Member States shcould provide for advance and postal voting. To fully take advantage of the possibilities offered by technological developments, Member States could also permit electronic and internet votingevaluate other tools with respect of their constitutional traditions, while ensuring the reliability of the result, the secrecy of the vote and the protection of personal data, in accordance with applicable Union and national law.
Amendment 320 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 12
Annex to the motion for a resolution – Recital 12
(12) The minimum age for the exercise of active passive voting rights varies across the 27 Member States. AMember States shall assess to introduce a single harmonised age for active and passive voting should be introduced across the Union in order to, while always ensureing equality and to avoid discrimination in the most fundamental civic and political right - the right to vote.
Amendment 330 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Recital 13
Annex to the motion for a resolution – Recital 13
(13) The 1976 Electoral act established a common electoral period, giving the Member States the power to set the exact date and the time for the elections within that period. A truly pan-European election requires not just a common period, but a common European voting day. The elections for the European Parliament shcould be held on 9 May, Europe Day, marking the anniversary of the Schuman Declaration of 9 May 1950.
Amendment 348 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 3
Annex to the motion for a resolution – Article 2 – point 3
(3) ‘European coalition of national political parties and/or national political movements’ means an electoral alliance by a number of national political parties and/or national political movements equal to one quarter of the Member States, where necessary rounded up to the nearest whole number, that tables a candidacy to, and campaigns for the Union-wide constituencdeclaring their affiliation of a same European political party;
Amendment 365 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 6
Annex to the motion for a resolution – Article 2 – point 6
(6) ‘European electoral coalition’ means an electoral and political alliance by two or more European political parties and/or European political movements that fields a list of candidates for and campaigns in the Union-wide constituency. National political parties and/or national political movements can also join such an electoral alliance provided that they are not affiliated to a European political party and there is no other affiliated national political party to any of the European political parties of the electoral allianceor movements and/or national parties or movements from different Member States;
Amendment 375 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 2 – point 8
Annex to the motion for a resolution – Article 2 – point 8
Amendment 392 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 4
Annex to the motion for a resolution – Article 4
Every European Union citizen from 18 years of age shallcan have the right to vote and to stand as a candidate for election to the European Parliament, in both the national and in the Union-wide constituency, without prejudice to those Member States that, at the date of the entry into force of this Regulation, have set the minimum age that is lower than 18without prejudice to the competence of the Member States to set the minimum age for eligibility to vote and for eligibility to stand as a candidate.
Amendment 415 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 8 – paragraph 1
Annex to the motion for a resolution – Article 8 – paragraph 1
1. Member States shallcan provide for postal voting in elections to the European Parliament, including for citizens living in a third country, and shall adopt measures that ensure that postal voting is accessible accessibility of vote, in particular for persons with disabilities. Member States shall adopt all necessary measures to ensure the reliability and secrecy of the vote, and the protection of personal data in accordance with applicable Union law.
Amendment 418 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 8 – paragraph 2
Annex to the motion for a resolution – Article 8 – paragraph 2
2. Member States may providevaluate additional possibilities of voting by way of electronic and internet systems, without prejudice to the possibility of proxy voting as allowed by applicable national provisions at the time of the entry into force of this Regulation. In the event of electronic, internet, and proxy voting,and means of voting, with respect of their constitutional traditions. Member States shall adopt all necessary measures to ensure the reliability and the secrecy of the vote, and the protection of personal data in accordance with applicable Union law.
Amendment 437 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 10 – paragraph 2
Annex to the motion for a resolution – Article 10 – paragraph 2
The lists of candidates for election to the European Parliament shall ensure gender parity. This shall be ensured through the introduction of lists of candidates with an equal number of male and female candidates for the electable placequality and equal opportunities. The names of the male and female candidates shall appear alternately on the ballot paper.
Amendment 446 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 12 – paragraph 2
Annex to the motion for a resolution – Article 12 – paragraph 2
2. Members of the European Parliament shall be elected as representatives of the citizens of the Union on the basis of proportional representation, in each Member State and in the Union- wide constituency.
Amendment 455 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 12 – paragraph 4
Annex to the motion for a resolution – Article 12 – paragraph 4
Amendment 465 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 13 – paragraph 2
Annex to the motion for a resolution – Article 13 – paragraph 2
Amendment 477 #
Amendment 546 #
Amendment 603 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 17 – paragraph 4
Annex to the motion for a resolution – Article 17 – paragraph 4
4. Member States shall ensure that European electoral entities are given equal treatment and opportunities as national parties and national political movements regarding the electoral campaign related to the Union-wide constituencyopportunities to be visible during the electoral campaign.
Amendment 606 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 18 – paragraph 1
Annex to the motion for a resolution – Article 18 – paragraph 1
1. Each Member State shall designate a contact authority responsible for exchanging data on voters and candidates with its counterparts in the other Member States and with the European Einformation on voting data and procedures and on internal best practices (“national electoral authority”) with its counterparts in the other Member States, in order to establish the structured and coordinated network of national electoral Aauthority established underies foreseen in Article 27.
Amendment 611 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 18 – paragraph 2
Annex to the motion for a resolution – Article 18 – paragraph 2
Amendment 616 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 19 – paragraph 1
Annex to the motion for a resolution – Article 19 – paragraph 1
1. Elections to the European Parliament shallmay be held on 9 May of the last year of a parliamentary term, as referred to in Article 20. The election shall end in all Member States by 21:00 hours local time on that day, unless otherwise determined by the individual Member States for objective impossibility or other internal reasons, as assessed by the national authorities.
Amendment 619 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 19 – paragraph 2
Annex to the motion for a resolution – Article 19 – paragraph 2
Amendment 628 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 22 – paragraph 2
Annex to the motion for a resolution – Article 22 – paragraph 2
For this purpose it shall take note of the results declared officially by the Member States and by the European Electoral Authority, and shall rule on any disputes which may arise out of the provisions of this Regulation other than those arising out of the national provisions to which this Regulation refernational authorities.
Amendment 638 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 26 – paragraph 5
Annex to the motion for a resolution – Article 26 – paragraph 5
Amendment 655 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 1
Annex to the motion for a resolution – Article 27 – paragraph 1
1. A European Estructured network among national electoral Aauthority is hereby establishies shall be implemented for the purpose of coordinating the exchange of information on the European elections across the EU, monitoring the implementation of this Regulation and supervising the exchange of information on citizens of the Union voting outside their home country, as well as conducting and monitoring the electoral process of the Union-wide constituency.
Amendment 659 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 1
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 1
2. The Adesignated authorityies shall be independent and shall exercise itstheir functions in full compliance with national law and this Regulation.
Amendment 663 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 2
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 2
The Aauthorityies shall exercise all the functions related to the electoral process of the Union-wide constituency and liaise with the authorentities referred to in Article 18 and this Article.
Amendment 667 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 3
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 3
The Union-wide constituency lists of candidates shall be submitted to the Anational authority, who shall verify that the conditions laid down in this Regulation and in the national law are fully met. The Aauthority shall establish and manage a Register of the different Union- wide constituency lists submitted by the European Electoral Entitielists submitted by national parties or movements whose information from the register shall be public.
Amendment 669 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 4
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 4
Amendment 670 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 5
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 5
In its decisions, the Aeach authority shall give full consideration to the fundamental rights to vote and to stand as a candidate.
Amendment 675 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 –paragraph 3
Annex to the motion for a resolution – Article 27 –paragraph 3
Amendment 682 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
The members of the Anational authorityies shall not be members of the European Parliament, hold any electoral mandate or be a current or former employee of any EU institution or of any European political party or movement, or of any European political foundation.
Amendment 685 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 4
Annex to the motion for a resolution – Article 27 – paragraph 4
Amendment 697 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 5
Annex to the motion for a resolution – Article 27 – paragraph 5
Amendment 700 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 6
Annex to the motion for a resolution – Article 27 – paragraph 6
6. The AEach electoral authority shall submit a report to the European Parliament on the organisation of the European elections and on the implementation of this Regulation and the attainment of its aims, within one year after the European elections. The European Electoral Authority will supervise the procedure established in Article 15.
Amendment 703 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 7
Annex to the motion for a resolution – Article 27 – paragraph 7
Amendment 712 #
2020/2220(INL)
Motion for a resolution
Annex to the motion for a resolution – Article 30
Annex to the motion for a resolution – Article 30
Amendment 728 #
Amendment 731 #
2020/2220(INL)
Motion for a resolution
Annex 3 – Practical example of Transnational list using the five categories group with 46 seats
Annex 3 – Practical example of Transnational list using the five categories group with 46 seats
Amendment 9 #
2020/2216(INI)
Motion for a resolution
Recital D
Recital D
D. whereas artificial intelligence (AI) can offers many benefits but also presents certain risks;
Amendment 20 #
2020/2216(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes the EU needs to become a world leader in digital innovation; considers that the digital single market is about removing national barriers and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
Amendment 46 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to address the fragmentation of the digital single market, remove any existing unjustified barriers, and support innovation by reducing red tape;
Amendment 56 #
2020/2216(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that substantial investment in AI and other key new technologies is required; calls for NextGenerationEU, as well as public and private funding, to increase investment so as to reflect the EU’s ambition of becomstrengthen and improve the EU’s standing at global technological leader and reaping the full benefits of digitalisationlevel;
Amendment 73 #
2020/2216(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
Amendment 99 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly bBelieves that AI can be a force for goodplay a positive role for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations, of AI- driven products and services need to be ensured;
Amendment 105 #
2020/2216(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that while AI offers greatood potential, it can also present certain risks due to issues such as bias and opacity;
Amendment 157 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that the development of a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help improve consumer trust involving all relevant stakeholders and based on transparent standards could help improve consumer trust; this labelling could notably include information on safety aspects, such as a safety score, and minimum age requirements;
Amendment 186 #
2020/2216(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the importance of education and research for AI; therefore calls on the Commission and the Member States to establish an EUrengthen and enhance existing centres of excellence for AI; considers that this should be done with the involvement of universities, companies and research institutions; believes that such a centre can help to provide specialised training and development for regulatory authoritie such as the European Artificial Intelligence Networks;
Amendment 32 #
2020/2209(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the time and financial costs, physical and emotional demands, and logistical problems associated with caring for people with disabilities have far-reaching effects on their family members, and measures supporting families in different fields are therefore necessary; whereas measures to support families will, in turn, have a positive impact on the full and equal recognition of the rights of persons with disabilities;
Amendment 68 #
2020/2209(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that EU funds should never finance inaccessible products, services or infrastructure; encourages Member States to guarantee full mobility for people with disabilities also by removing architectural barriers which prevent people with disabilities from moving freely;
Amendment 106 #
2020/2209(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to propose an EU Charter of Fundamental Rights for Persons with Disabilities in order to establish common standards and rights (civil, political, economic and social) for persons with disabilities and to ensure their respect and recognition across all EU Member States;
Amendment 119 #
2020/2209(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the fact that as part of the Strategy for the Rights of Persons with Disabilities 2021-2030, an EU-wide Disability Card will be available by the end of 2023; hopes that this will happen as soon as possible and, in any case, no later than 2023;
Amendment 122 #
2020/2209(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers it necessary to reduce the red tape that complicates the lives of persons with disabilities and their family members, by simplifying access to services and encouraging the recognition and certification of disability status;
Amendment 132 #
2020/2209(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the key role of carer family members, who often fulfil the care and assistance needs of the persons with disabilities; underlines, in this regard, the need for EU and national policies and strategies to provide strong support to family members and caregivers;
Amendment 8 #
2020/2176(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Shares with concern the Court’s observation that to compensate for a shortage of posts the Authority relies increasingly on consultants and interim staff, which may pose risks of inadequate supervision of complex work by external contractors and contractual litigation issues; urges the Authority to make sure that contracts avoid any confusion between the procurement of services and of interim workers;
Amendment 7 #
2020/2175(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Shares the Court’s observation that to compensate for a shortage of posts the Authority relies on consultants and interim staff, which may pose risks if too few qualified staff are to supervise complex work of external contractors or cause risks of contractual litigation; urges the Authority to make sure that contracts avoid any confusion between the procurement of services and of interim workers;
Amendment 12 #
2020/2175(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. RegretNotes that the budget does not disclose completely how the contributions from EU and EFTA Member States were calculated, nor were the Member States contributions adjusted to match the actual figures for the Authority’s pensions contributionsfunding key for and EFTA Member States’ contributions is determined by Article 62 of EIOPA´s founding regulation; calls on the Authority to swiftly publish a more detailed explanation on the calculation methods applied for EU, NCA and EFTA state contributions, and not to wait until the next SPD;
Amendment 11 #
2020/2174(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Shares with concern the Court’s observation that to compensate for a shortage of posts the Authority relies on interim staff, which may cause dependencies on the interim work agencies and pose risks of inadequate supervision of complex work by external contractors and contractual litigation issues; urges the Authority to make sure that contracts avoid any confusion between the procurement of services and of interim workers;
Amendment 21 #
2020/2174(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls its resolution of 13 January 2020 on institutions and bodies of the EMU: preventing post-public employment conflicts of interest and the decision of the European Ombudsman in case 2168/2019/KR of 7 May 2020; strongly agrees with the Ombudsman that the Authority should have forbidden the job move and that the measures put in place to prevent conflicts of interest are not sufficient to address the risks involved;
Amendment 22 #
2020/2174(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the adoption by the Authority`s Board of Supervisors of its Policy on Independence and Decision Making Processes for avoiding Conflicts of Interests; calls on the European Court of Auditors to specifically scrutinize in its future audits of the Authority (i) if senior staff members have taken up certain positions in the financial industry after their term in office, (ii) the timely manner in which access to confidential information for staff members is withdrawn, once it became known that they are moving to another job;
Amendment 16 #
2020/2136(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the principles and provisions of international law, and in particular the Vienna Convention on the Law of Treaties, are applicable;
Amendment 55 #
2020/2136(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises but nevertheless considers regrettable the withdrawal of the UK from the European Union;
Amendment 60 #
2020/2136(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 76 #
2020/2136(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the clear division of tasks among the institutions and the inclusive and transparent approach adopted by the Commission and its Chief Negotiator were paramount in, in the event of the withdrawal of a Member State, the conduct of the negotiations, and in particular the clear division of tasks and responsibilities among the institutions, should be based on verticality, centrality, transparency and inclusivity, with the aim of maintaining unity within the EU and in promoting the EU’s priorities and interests in the negotiations;
Amendment 86 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that the withdrawal process was also characterised by hesitancy on the part of the UK, leading to protracted uncertainty from the outset, reflected, among other things, in the time gap between the referendum and the withdrawal notification under Article 50 of the TEU, and until the end of the negotiations, due to the spectre of a no-deal withdrawal; believes, however, in this regard, that the decision concerning when to give formal notification is at the sole discretion of the State; believes, furthermore, that assessing the conformity of the withdrawal decision with the constitutional requirements of the withdrawing State is a matter for that State alone;
Amendment 93 #
2020/2136(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers, in this regard, that the political and economic consequences of the decision to leave the Union are significant; believes that these were not genuinely and, therefore, that these could not be fully assessed by the UK prior to its decision to withdraw, resulting in a lack of preparation formainly in view of the fact that this was the first case of a State withdrawing from the European Union and of the application of Article 50 of the TEU, resulting in a state of uncertainty regarding the procedure;
Amendment 109 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikesuck a balance between ensuring a withdrawal process and safeguarding the flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunity of remedying some of the loopholes and shortcomings identified in Article 50 of the TEU could be assessed, with particular regard to the following:
Amendment 116 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1 a (new)
Paragraph 11 – indent 1 a (new)
- laying down a negotiation period longer than the two years set out under Article 50(3) of the TEU,
Amendment 142 #
2020/2136(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the EU institutions and the Member States have collectivelyin general been responsive and have followed a coherent and unified approach, providing for a timely, clear and well- and structured definition of the aspects of the withdrawal process, including those which are not explicitly specified in Article 50 of the TEU, in particular the objectives and general principles of the negotiations, the EU’s competences for issues related to the withdrawal, the sequencing of negotiations, the scope of the Withdrawal Agreement, the transitional arrangements, and the framework of the future relationship;
Amendment 143 #
2020/2136(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that the withdrawal agreement and the negotiation of future trade relations with the withdrawing State, pursuant to Article 50(2) of the TEU, should be more strictly aligned with each other, in view of the obstacles in the sequencing of negotiations imposed by the EU and the delays in resolving issues concerning withdrawal resulting from the absence of a shared vision on the content of future relations; in addition, asserts the importance of defining transitional measures inspired by the principle of sincere cooperation, with conditions set in the interests of both parties and of European citizens, which must be clearly defined and limited in time and subject to effective and fair application mechanisms;
Amendment 164 #
2020/2136(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that the role of political oversight of the European Parliament, through full and immediate provision of information at all stages of the procedure, is indispensable in a parliamentary democratic system; insists, in this regard, that no procedural constraints or political objectives should override or limit in time or scope the parliamentary scrutiny phase as regards any international agreements, and in particular, those concluded in the context of a withdrawal from the European Union;
Amendment 177 #
2020/2136(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that Article 50 of the TEU addresses and solves the procedural aspect of a Member State’s withdrawal, but does not solve the significant political and economic consequences and disruptive effects of the withdrawal of a Member State from the EU; believes, nonetheless, that Brexit has demonstrated that it is not possible in all cases to set out in the Treaty all the practical requirements of withdrawal, since many questions and problems that arose during the process were addressed using ad hoc decisions and procedures, developed by interpreting the wording of Article 50 of the TEU, as they were both unexpected and unforeseeable;
Amendment 181 #
2020/2136(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises the need to lay down a negotiation period of more than two years, since Brexit has confirmed that the time currently allowed by the provision is not sufficient to achieve the orderly withdrawal of a State from the EU;
Amendment 191 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and its Member States to prevent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide-reaching information to EU citizens on the functioningconsiders that the Conference on the Future of Europe could offer an opportunity for enhanced dialogue and reflection with citizens and civil society ofn the European Union, its areas of action and its decision- making processes; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolve and how it should evolve, including with a view to fully understanding all the problems of the European project that led the United Kingdom to withdraw from the European Union;
Amendment 26 #
2020/2132(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that in past 20 years, Parliament has consistently made use of such rights; regretstakes note, however, that these special legislative procedures have too seldom been successfully concluded due to the lack of agreement of the Commission and the Council7 ; _________________ 7 Study entitled ‘The European Parliament’s right of initiative’, pp 34-35 (PE 655.134 – ISBN 978-92-846-6738-3).
Amendment 41 #
2020/2132(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 62 #
2020/2132(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses however the need for an increased level of scrutiny by the Parliament over the activity of the Commission and the importance of a better level of transparency in the decision-making process prior to the presentation of legislative initiatives, in the light of the substantial relationship of trust that must bind the Commission and the Parliament, as the sole body directly elected by the Citizens;
Amendment 64 #
2020/2132(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly believes that whenif the Treaties are next revised, a proposal to grant Parliament, as the only directly elected EU institution, should be granted the right to initiate legislation should be in any event preceded by a popular referendum in all Member States;
Amendment 70 #
2020/2132(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is deeply convincedObserves that a general and direct right of initiative wof the Parliament could further strengthen the democratic legitimacy of the Union and empower Union citizens; believes that it would reflect the evolution over time of the competences of the Union and its institutions, and is of the opinion that Parliament, as the only directly elected EU institution, should be granted the right to propose legislation, as national parliaments may, when the Treaties are next revised, as the only directly elected EU institution;
Amendment 90 #
2020/2132(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that the recognition of a direct right of initiative of Parliament would not exclude the possibility of the Commission retaining a concurrent right or keeping a monopolyright of initiative in certain areas, such as the budget; could also envisage that in exceptionalcertain areas, the Council would also have a monopoly of initiative;
Amendment 67 #
2020/2124(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of avoiding furTakes note of ther geographical imbalances in thedistribution of EIB’s lending activity so as to ensure a broader geographical and sectoraland call for a fair allocation of investments, to reduce regional disparities and to enhance convergence; welcomes the efforts already made by the EIB in this regard;
Amendment 143 #
2020/2124(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates that supporting SMEs and mid-caps must remain a fundamental objective for the EIB, notably to assist them with decarbonisation and access to ICT tools; welcomes efforts made to provide online assistance and counselling to SMEs in accessing EIB lending; reiterates, moreover, that the EIB should further strengthen its support for micro- enterprises, especially in this time of economic crisis, including through cooperation with National Support Banks and local banking networks;
Amendment 182 #
2020/2124(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Regrets the fact that at the end- 2019 the total disbursed exposure in Turkey, a country that does not respect several of the basic principles of freedom and democracy, amounted to EUR 12.3bn and a further EUR 0.8bn has been committed in signed operations not yet disbursed;
Amendment 197 #
2020/2124(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Notes with concern that general administrative expenses are ever increasing and asks the EIB to maintain cost discipline as well as to keep its management structure lean and efficient;
Amendment 12 #
2020/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas overall, the banking sector has responded to the COVID-19 pandemic with resilience, mostly founded on the regulatory reforms enacted since the major global financial crisis and further supported by extraordinary public policy relief measures and capital conservation practiceshave proved ineffective in combating the causes of the banking crises that have followed, and whereas many of the rules were immediately suspended in order to allow the banking system to prop up the economy during the COVID-19 pandemic;
Amendment 32 #
2020/2122(INI)
Motion for a resolution
Recital C
Recital C
Amendment 108 #
2020/2122(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that supervision continues to focus too much on credit risk, underestimating the importance of financial risk;
Amendment 109 #
2020/2122(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the supervisory authorities to monitor financial risks closely, in particular those linked to the shadow banking system, and to take appropriate steps wherever necessary; calls on the supervisory authorities, further, to monitor closely aspects linked to the professionalism of and generational change in governance, in particular in the smallest banks;
Amendment 118 #
2020/2122(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the vital contribution to addressing the crisis of public guarantee schemes, moratoria on loan repayments for borrowers in financial difficulty, the central banks’ liquidity programmes and the ECB’s targeted longer-term refinancing operations (TLTRO) and pandemic emergency purchase programme (PEPP); emphasises, therefore, that all the measures referred to above should remain in force for as long as necessary and should be withdrawn gradually;
Amendment 125 #
2020/2122(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the EBA to defer, at least until 31 December 2021, the suspension of the rules on default classification, and at the same time to raise from 1% to 5% the diminished financial obligation threshold, as laid down in paragraph 51 of the EBA Guidelines on the definition of default (EBA/GL/2016/07), in order to enable banks to assess the value of loans correctly, so that healthy firms are not erroneously categorised as bad payers;
Amendment 135 #
2020/2122(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes the ‘quick fix’ to the Capital Requirements Regulation31 extending transitional arrangements in order to support banks’ lending capacity32 ; calls, furthermore, for a two-year freeze on the timing of the minimum loss coverage requirements set out in the ‘NPL backstop Regulation’ and of supervisory expectations; _________________ 31Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.06.2013, page 1). 32 Regulation (EU) 2020/873 of the European Parliament and of the Council of 24 June 2020, amending Regulations (EU) No 575/2013 and (EU) 2019/876 as regards certain adjustments in response to the COVID-19 pandemic (OJ L 204, 26.6.2020, page 4).
Amendment 179 #
2020/2122(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes the postponement of the implementation of the Basel III reforms and awaits the Commission’s upcoming proposal on the implementation of the finalised standards, taking into account the specificities of the EU banking sector; and the need to increase bank lending to the real economy, and in particular SMEs, in part by raising the thresholds for the supporting factor, which would increase their spending capacity;
Amendment 207 #
2020/2122(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that sound management of credit risk should remain the key priority for the SSMa detailed assessment of the systemic risks to the European banking system should remain the key priority for the SSM, and takes the view that financial risk is being underestimated, in particular as regards the exposure of the shadow banking system;
Amendment 211 #
2020/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that ensuring proper and timely management of deteriorated exposures will be key to preventing a build-up of non-performing loans (NPLs) in the short term; calls therefore for the deferral to December 2024 of the application of Article 500 CRR on the transfer of NPLs, in order to rule out any disproportionate impact on banks' capital, which would in turn have negative repercussions for lending to the real economy, and in particular to SMEs;
Amendment 228 #
2020/2122(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
198. Stresses that banks should diligently assess the financial soundness and viability of businesses, proactively engage with distressed debtors to manage their exposures, and offer financing and restructuring options to viable companies; takes the view that the prudential framework should be revised accordingly, to make possible and incentivise the granting of such options;
Amendment 237 #
2020/2122(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Takes the view that, in order to give the banks sufficient leeway to implement tolerance measures and avoid counterproductive capital absorptions as provided for in the current rules, the diminished financial obligation threshold laid down in paragraph 51 of the EBA Guidelines on the definition of default (EBA/GL/2016/07) should be raised from 1% to 5%;
Amendment 244 #
2020/2122(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the benefits of banking consolidation in addressing the overcapacities and fragmentation of the banking sectorproviding incentives to establish properly supervised local banking systems in the European Union, with a view to boosting the credit system by focusing on knowledge of local industries and meeting the needs of networks of SMEs;
Amendment 256 #
2020/2122(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that as Member States sell increasing amounts ofTakes the view that any kind of risk weighting of the sovereign bonds, their share i on banks’' balance sheets grows, potentially aggravating the doom loop; considers that the creation of Next Generation EU will provide high-quality European assetcould destabilise the European banking system and the sovereign bond market and undermine the very ability of the Member States to finance their own bond issues;
Amendment 308 #
2020/2122(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that while the SRB was not required to take resolution action in 2020, it nevertheless collaborated with the SSM regarding close-to-crisis cases; apprecianotes the advancement of the current resolution planning cycle, and reiterates that MREL requests should be proportionate so that they represents one of the key elements in enhancing banks’ resolvability;
Amendment 312 #
2020/2122(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Regards it as essential to increase the transparency and ex ante predictability of the results of the public interest assessment, in order to provide the clarity needed to guarantee more consistent and proportionate MREL levels;
Amendment 319 #
2020/2122(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers it necessary to have in place an EU liquidation regime, based on greater use of preventive interventions as an alternative to deposit guarantee schemes, for banks for which the SRB assesses that there is no public interest in resolution;
Amendment 326 #
2020/2122(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Invites the Commission, following detailed study and consultation with national authorities and parliaments, to reflect on the potential for further harmonisation of specific aspects of existing national insolvency laws in order to ensure a consistent and effective application of the crisis management framework;
Amendment 329 #
2020/2122(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Finds merit, in particular, in adopting a targeted approach to the harmonisation of the creditor hierarchy in bank insolvency proceedings, involving a raising of the coverage threshold for households and SMEs, in order to safeguard the credibility of the European banking system;
Amendment 338 #
2020/2122(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Considers it necessary to revieallow the public interest assessment so as to enable the application of resolution instruments to a wider groups of banksimplementation under national deposit guarantee schemes of preventive and alternative measures (i.e. financing of the transfer of assets and liabilities from LSI banks in crisis to a third party) in order to ensure an orderly liquidation of small and medium-sized banks with a negative public interest assessment;
Amendment 352 #
2020/2122(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes the importance of depositors across the Banking Union enjoying the same level of protection of their savings, and takes the view that the threshold should be raised, at least for households and SMEs, in order to safeguard the credibility of the European banking system; takes note of the Commission proposal to further strengthen citizens’ confidence in the protection of deposits by introducing an EDIS;
Amendment 372 #
2020/2122(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes the Commission’s launch of the review of the CMDI framework, including the option of a hybrid EDIS, built around the idea of an initial liquidity support mechanism among national DGSs and aimed at financing any shortage of DGS means, irrespective of whether the funds have been used in a pay-out or preventive/alternative intervention, assuming that this choice is guided by the Least Cost Test (LCT);
Amendment 380 #
2020/2122(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Considers it necessary to amend DG COMP’s 2013 state aid rules and Banking Communication in a consistent manner in order to allow for preventive and alternative action by DGS in the context of crisis management, taking due account of recent CJEU rulings;
Amendment 381 #
2020/2122(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Considers it essential to increase the transparency and ex ante predictability of the results of the public interest assessment, in order to provide the clarity needed to guarantee more consistent and proportionate MREL levels;
Amendment 24 #
2020/2088(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the higher turnout was ultimately linked to gains by Eurosceptics, which should be considered as a warning for European integration, especially in several founding Member States where far-right extremists and anti-European forces won the elections;
Amendment 30 #
2020/2088(INI)
Motion for a resolution
Recital D
Recital D
Amendment 71 #
2020/2088(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the 2019 elections failed to culminate in the choice of a Commission President from among the various Spitzenkandidaten, resulting in a backward stepdeparture from the process which was established in 2014;
Amendment 73 #
2020/2088(INI)
Motion for a resolution
Recital K
Recital K
Amendment 82 #
2020/2088(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Spitzenkandidaten system needs to be improved and formalised in the EU’s primary lawabandoned after an in- depth institutional reflection; whereas this reflection should also include the de factoexcessively broad political role of the Commission and its President and any related changes to the decision-making process of the Union;
Amendment 112 #
2020/2088(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas European political parties and foundations are the primary facilitators of a successful European political debate, both during and beyond European elections;
Amendment 121 #
2020/2088(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the higher turnout in the 2019 European elections; considers that this shows that an increasing proportion of citizens consider the EU to be the appropriate level at which to address the challenges of our time such as climate change and environmental concerns, social and gender inequalities, sustainable growth, and geopolitical concerns such as migration and foreign policy; urges all the European institutions, therefore, to take responsibility and to act upon the mandate they have been given, directly or indirectly, by the citizens; regrets both the lack of decisiveness by the Council and the lack of clear intent to achieve solutions based on a common approach;
Amendment 157 #
2020/2088(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that the reason why the Spitzenkandidaten process failed to produce a President of the European Commission after the 2019 elections is because no improvements were made to it following the experience of 2014; intendthe Member States tdo strengthen the democratic process for choosing the Commission President before the next European elections of 2024not want it; calls for it to be abandoned once and for all;
Amendment 164 #
2020/2088(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomDeplores the up-coming joint declaration of the three European institutions on the Conference on the Future of Europe, recalls the commitment by the Commission President to address the issue of transnational lists and the Spitzenkandidaten process as the priority institutional issues during the Conferencefact that the idea of establishing transnational lists, rejected by the European Parliament in 2018, is being revived; calls for it to be abandoned once and for all;
Amendment 172 #
2020/2088(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 187 #
2020/2088(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the outcome of the European elections has reinforced the political dimension of the election of the European Commission, and thereforeproblems encountered by the von der Leyen Commission highlight the need for more accurate and objective scrutiny of the declarations of interests of the Commissioners-designate; calls for the creation of an independent body, endowed with the appropriate means, to have this scrutiny included in its responsibilities;
Amendment 191 #
2020/2088(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 197 #
2020/2088(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 205 #
2020/2088(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 224 #
2020/2088(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, as well as on the elections in the joint European constituency;
Amendment 231 #
2020/2088(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the efforts by the Commission and other institutions to tackle foreign interference during the electoral campaign; points out, nevertheless, that the financial and human resources needed to counter these attacks on European democracy, including at national level, are many times superior to the combined designated European resources; urges the Commission and the Member States to raise significantly the financing they make available for the fight against foreign interference;
Amendment 240 #
2020/2088(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Council to consider, in accordance with the work of Parliament’s Special Committee on Foreign interference and Disinformation, the urgent creation of a European organisation dedicated to the fight against foreign interference; eEncourages the Commission and the Council to work much more closely with Parliament on these matters of interference, as the protection of our democratic institutions is a core competence of the European Parliament;
Amendment 265 #
2020/2088(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that the outcome of the European elections is a clear signal for an in-depth institutional reflection that will allow States, citizens, civil society and their representatives to shape the future of the Union; calls, therefore, on all institutional partners to assume their responsibility and deliver an ambitious Conference on the Future of Europe;
Amendment 88 #
2020/2078(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises that the EU faces the unprecedented challenge of mitigating the social and economic consequences of the historic recession and setting the course for a rapid economic recovery linkoriented to a sustainable and just transition and digital transformation; is convinced that, for this, a significant increase in public and private investment compared to the 2010s is indispensable and that the increased level of investment must be stabilised for many years to come;
Amendment 111 #
2020/2078(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomesTakes note of the swift and strong response to the crisis in the area of monetary and fiscal policy, at both EU and Member State level, as well as the European Recovery Plan; considers it essentialacknowledges that the recovery package is fully aligned with the EU’s new growth strategy, i.e. in accordance with the principles of the European Green Deal (EGD), the European Pillar of Social Rights (EPSR) and the United Nations Sustainable Development Goals (SDGs), and with the aim to protect women’s rights and achieve gender equality; demands that funds and resources be directed to projects and beneficiaries that comply with our Treaty-based fundamental values and that recipient firms protect their workers, pay their fair share of taxes, and refrain from paying out dividends or offering share buy-back schemes aimed at remunerating shareholders;
Amendment 115 #
2020/2078(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is of the view that the European Stability Mechanism (ESM) is an inadequate tool for responding effectively to economic crises in the euro area and considers it advisable to revise the TFEU so that the ECB can directly purchase Member States' government bonds on the primary market;
Amendment 126 #
2020/2078(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the activation of the general escape clause of the Stability and Growth Pact, and expects that it will remain activated at least until the end of 2021 and not before a complete upturn of all Member states in order to support their efforts of the Member States to recover from the pandemic crisis and strengthen their economic and social resilience;
Amendment 136 #
2020/2078(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls the specific need to foster growth convergence within the euro area;
Amendment 155 #
2020/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 175 #
2020/2078(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential that the revision of the EU’s fiscal and economic policy framework should be completed by the time the escape clause is repealed and should enable fiscal policy to respond with discretion to shocks in the short term, and to gradually reduce high public debt ratios, by supporting growth, to an agreed reference value in the long term, while allowing a sufficientconsiderable level of public investment, progressivsustainable tax policies and the repayment of loans in a cycle- comfortable manner, and the long-term modernisation of public commodities;
Amendment 178 #
2020/2078(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Commission to review the methodology for calculating estimates of potential output and the output gap used for the assessment of the cyclical component of the structural balance; is of the view that this methodology has proven to be inadequate and, over the years, has been shown to produce excessive, distorting and damaging restrictions on the spending capacity of states;
Amendment 192 #
2020/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Proposes a combination of expenditure rules for public non- investment expenditure and a golden rule for public investment which is central to both; wishes to see a rapid recovery from the COVID-19 crisis and a transition to a cleaner, socially sustainable and more digital societycompetitive Eurozone;
Amendment 196 #
2020/2078(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges the Commission, in the possible revision of the Stability Pact, to ease the rules that have proven to be too restrictive and often punitive with regard to the public debt and deficit, by adapting the criteria and thresholds to the new economic and social context in Europe; stresses the negative impact excessive current-account surpluses in the balance of payments are having on the stability of the euro area economy;
Amendment 209 #
2020/2078(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the refocus of the European Semester Spring Package aimed at providing an immediate economic policy response to tackle and mitigate the health and socio-economic impact of COVID-19 and reboot economic activity; supports the Commission’s announcement of a reform of the European Semester to convert it into a tool to coordinate the recovery measures, framed by the principles of the EGD, the EPSR and the SDGs; is convinced that this has to include the coordination of measures concerning state aid and tax policies; underlines the need for the integration of a new set of binding sustainability and wellbeing indicators and alternative measurements of growth performance;
Amendment 216 #
2020/2078(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is concerned about the clear distortions of competition caused by the asymmetric volumes of state aid granted by Member States during economic crises, owing to different debt baselines; is of the view that the Commission's work on competition policy has been inadequate and damaging and has increased imbalances between EU economies; considers that it would be appropriate to conduct an in-depth assessment of the impact caused by the Commission's approach to competition and state aid;
Amendment 241 #
2020/2078(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Takes the view that Member States' policies and reforms should be discussed and decided on only by the national parliaments, applying the principle of subsidiarity; notes that the European Semester procedure has proven to be totally unsuccessful and damaging, imposing reforms that have made countries' economies weaker and more vulnerable, exacerbated wage deflation and increased precarious employment and poverty;
Amendment 245 #
2020/2078(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. considers appropriate to limit the interventions and recommendations to member countries to areas necessary to prevent or reduce the negative externalities produced by national policies, respecting the sovereignty of Member States in every other sector;
Amendment 274 #
2020/2078(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls the urgent need to complete and reinforce the EMU architecture with a view toaiming at protecting citizens and reducing pressure on public finances during external shocks so as to overcome social and economic imbalances, by creating a fiscal capacity for public investment, a macroeconomic stabilisation and cohesion function for the euro area, and a European unemployment benefit reinsurance scheme;
Amendment 277 #
2020/2078(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. considers extremely important to change the mandate of the ECB, placing as its first objective the full employment and subordinately the price stability, as well as widening its scope through the introduction of instruments necessary to correct the economic asymmetries among the Eurozone member countries;
Amendment 282 #
2020/2078(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. considers necessary to intervene in the banking regulation and supervision system, allowing greater flexibility in complying with the convergence criteria towards countries with low credit demand and applying the same criteria more rigorously in those with excess credit demand, also in order to avoid the excessive increase in inflation;
Amendment 15 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that placing sustainable products either from member states or third countries on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements for durability, interoperability, reparability, by the consumer or by an authorised specialist, upgradability, reusability and recyclability for all products alongside further product- specific requirements; therefore a clear and comprehensible definition of "sustainable products" has to be provided by the Commission;
Amendment 21 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of not unilaterally passing on the additional costs arising from the New Circular Economy Action Plan to consumers; further it is inevitable to set all measures in the sense of the free market economy and the preservation of the competitive ability in the international competition;
Amendment 44 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence; the minimum legal guarantee period of two years is not appropriate for all products. In order to meet consumers legitimate expectations, a guarantee period of five or 10 years should be set for certain categories of products;
Amendment 63 #
2020/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts for a proportionate price to all market participants, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regime;
Amendment 73 #
2020/2077(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that effective enforcement is crucial to making sure that products placed on the market comply with sustainability requirements; calls, therefore, for greater EU oversight, through setting harmonised rules on the minimum number of checks and their frequency, and by empowerasking the Commission to monitor, report in a recurrent period to be determined and audit the activities of national authorities, as well as to carry out regular tests and inspections;
Amendment 76 #
2020/2077(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to present an impact assessment of the planned tax on plastics; points out that, if such a tax cannot be avoided, the funds will not be transferred to the EU budget but will be provided to the Member States for the implementation of the New Circular Economy Action Plan;
Amendment 105 #
2020/2077(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based on economic, environmental, social and ethical criteria, and introducing a transparent hierarchy of award criteria, together with sector-specific targets.;
Amendment 35 #
2020/2075(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that the suspension of the famous convergence criteria which prohibited having government debt above 60% of GDP and a general government deficit above 3% of GDP made possible the essential public investment for responding to the health, social and economic crisis; welcomes the speed with which it was possible to apply the general escape clause;besides this it is clear that austerity policies have been ineffective and inadequate in preventing the crisis and in sustaining the growth of the economic cycle,for this reason a review of these policies is necessary, recalling that in past years many cuts in health spending have been made in order to achieve the medium- and long-term objectives imposed to member states.
Amendment 52 #
2020/2075(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that the establishment of an Economic and Monetary Union (EMU) is inseparable fromalso linked to the consolidation of the rule of law; welcomes the agreement on a regulation for a general regime of conditionality for the protection of the Union budget;
Amendment 58 #
2020/2075(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Within the review for a new European economic governance framework, call for an increase in interinstitutional dialogue so as to take much consideration of the specific needs of Member States, as well as granting them greater autonomy in deciding macroeconomic policies.
Amendment 3 #
2020/2058(INI)
Motion for a resolution
Citation 11
Citation 11
Amendment 55 #
2020/2058(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesRecalls that the Sustainable Europe Investment Plan (SEIP) as central in ensuring the success of the Green Deal and thecould be the first step in guaranteeing the gradual transition towards a more sustainable and resilient economy;
Amendment 59 #
2020/2058(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the importance to provide for an economically viable transition, in particular for SMEs and micro- enterprises in terms of time and conversion tools;
Amendment 61 #
2020/2058(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that a social protection system is necessary in the event that the companies that implement the climate transition have an excess of staff, employees who cannot be relocated or in the event of relocation of the enterprises;
Amendment 62 #
2020/2058(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses that an equitable transition to a sustainable and resilient economy cannot be separated from an effective digitalization plan. As the facts demonstrated during the Corona virus pandemic, digitization allows doing many remote activities, such as working, attending school or university’s lessons, having a medical consultation; consequently, it could be possible to greatly reduce the pollution from today's very high mobility and would allow repopulating many areas currently depopulated; so stresses that the repopulation of ex populated areas would benefit the environment in terms of ordinary maintenance of the territory, avoiding the hydrogeological risk to which some areas are now more exposed;
Amendment 100 #
2020/2058(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the success of the EU’s aim to achieve climate neutrality will depend on the adequacy of the financingmust be reached with the lowest social and economic impact;
Amendment 134 #
2020/2058(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Wishes to see it ensured that funding from the SEIP, at EU and national level, goes towards the policies and programmes with the highest potential to contribute to the fight against climate change, and looks forward to the Commission’s upcoming climate tracking methodology using appropriately the criteria established by the EU taxonomy;
Amendment 162 #
2020/2058(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 167 #
2020/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the phasing-out of public and private investments in highly polluting and harmful industries for which economically feasible alternatives are available, while fully respecting the rights of Member States to choose their energy mix;
Amendment 183 #
2020/2058(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 276 #
2020/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that European resources destined for digitization, especially for the private sector, often remain unused due to difficulties in accessing information and lack of transparency; stresses that transparency in monitoring is also fundamental for the realization of the funded projects; calls for greater ease of access to calls for proposals, greater clarity of the monitoring methodology and better information;
Amendment 291 #
2020/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reaffirms its previous position regarding candidates for new own resources, and calls on the Commission to proposejects the introduction of new EU own resources, which correspond to essential EU objectives including the fight against climate change and the protection of the environment; asks, therefore, for the introduction of new own resources based on the auction revenues of the Emissions Trading System, a contribution on non-recycled plastic packaging waste, the future Carbon Border Adjustment Mechanism, a Common Consolidated Corporate Tax Base or a precursor based on operations of large enterprises, a tax on digital companies, and a financial transaction taxwill ultimately lead to further taxation of businesses and increased tax pressure on citizens;
Amendment 318 #
2020/2058(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Deplores the Commission's approach to creating new European taxes such as the "carbon tax" or the "plastic tax", which would have a very negative impact on consumers and businesses at an already difficult time for the recovery of the economy hit hard by the crisis of the Coronavirus;
Amendment 346 #
2020/2058(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls for the EIB to provide lower entry thresholds for sustainable finance in order to allow also SMEs to access and increase the effectiveness of its investments; calls on the Commission in synergy with the EIB and the national promotional banks to directly channel at least 40% of the funding generated by the Green Deal towards transparent and easily accessible programs dedicated to European SMEs and micro-sized enterprises;
Amendment 400 #
2020/2058(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Believes that it is correct to discourage unsustainable investments, but also firmly believes that companies who follow the rules on sustainable investments must be rewarded, on the one hand to encourage economic investments in sustainable activities and on the other to prevent companies from delocalizing their activities in third countries with different environmental objectives with respect to climate neutrality;
Amendment 404 #
2020/2058(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Invites the Commission to take a gradual approach in introducing a harmonized eco-label on financial products, to allow all market players to have the right time to adapt to standards;
Amendment 421 #
2020/2058(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Insists on the integration of governance objectives in the sustainability framework, including withrough additional voting rights for long-term shareholders, reform of remt creating extra red tape and costs for both underation structures and fiduciary duties for top-line management, and mandatory sustainability reporting and due diligence for financial institutions and large corporates; welcomes the preparation of a sustainable corporate governance initiativetakings, shareholders and customers, like we have seen in the aftermath of the chaotic implementation of MiFID II;
Amendment 427 #
2020/2058(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that investments in unsustainable economic activities may lead to stranded assets with lock-in effects; considers this risk to be insufficiently integrated in credit ratings and prudential frameworks; believes that for the evaluation of a project the credit rating is not a sufficient parameter because the evaluation of the project as a whole is necessary to ensure that all the pre- established criteria, not only of a credit nature, but also of sustainability, are consistently respected with the guidelines of the Commission;
Amendment 468 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasizes that in an equitable transition that ensures the achievement and effectiveness of the objectives set, the allocation of resources should also take into account the results achieved by individual Member States as regards the 2020 targets for energy efficiency and renewable sources energy alternatives; believes that in this way a positive approach would be guaranteed for the Member States that have already invested before, reaching the objectives set, without penalizing those that delayed the transition;
Amendment 475 #
2020/2058(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Stresses the importance of public investments aimed at implementing interventions and projects for environmental remediation, recovery and restoration in territories, including marine, river and mountain areas, where there is a high level of pollution and contamination due to the abandonment of toxic waste;
Amendment 533 #
2020/2058(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Invites the Commission to revise the Energy Tax Directive and coordinate a kerosenot to coordinate a kerosene tax because it would affect mostly the consumer rather than the airline companies; underlines tax that could also feed into the EU budgehe importance of incentivizing the use of alternative means of transport to the air carriers through facilitations for greener transport;
Amendment 153 #
2020/2046(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. calls on the Member States and the Commission to ensure that any new efforts needed to exchange information and collect data do not have a negative impact on the SMEs, especially micro- enterprises, in terms of increased costs and bureaucracy;
Amendment 12 #
2020/2037(INI)
Motion for a resolution
Recital A
Recital A
A. whereas in its 20 years of existence, the euro has become a symbol of Europe’s economic strength and of its position in the worldcaused economic imbalances in Europe;
Amendment 101 #
2020/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates, in this context, the need to deepen and completefor a thorough assessment of the state of the Economic and Monetary Union (EMU), the Banking Union and the Capital Markets Union (CMU), with a view to enhancliminating the international competitiveness of European markets and the attractiveness of the euroexisting serious economic imbalances;
Amendment 126 #
2020/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for sustainable and sound fiscal and structural growth-enhancing policies that are based on a commitment to credible fiscal rules; calls for further reflection on the adequacy of the stability and growth pact framework despite the challenging circumstances; supports the plan outlined in Next Generation EU to use, in addition to monetary policy, a fiscal impulse, notably borrowing EUR 750 billion from capital markets bonds to finance the recovery and green transition, in additexpansionary fiscal policies to stimulate demand and exit rapidly the economic crisis caused by COVID-19; calls for a rapid revision tof the issuance of EUR 100 stabillion in ‘social’ bonds under the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE), which is intended to preserve employment; applauds the high level of interest that investors have demonstrated in European bondty and growth pact framework despite the challenging circumstances;
Amendment 220 #
2020/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note of the ECB report on the digital euro, and of the value astatement by the member of the ECB’s Executive Board in charge of the task force on the project, Fabio Panetta, that the digital ceurrency can add in strengthening the international role of the euroo would complement cash, not replace it; deplores political actions geared towards eliminating cash, which are liable to impinge upon the fundamental rights of citizens, especially those in the most vulnerable groups, such as the elderly and those with disabilities, who could encounter problems in the use of new technologies; supports the ECB’s efforts in ensuring a high level of cyber resilience;
Amendment 60 #
2020/2034(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas in its report on decentralised transaction networks (DLT), published in January 2017, ESMA concluded that it was too early for regulatory measures because the technology in the financial markets was still in its early stages;
Amendment 65 #
2020/2034(INL)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas ESMA expects, according to its report on decentralised transaction networks (DLT), that the new technology will bring various advantages, but also challenges in terms of control, data protection, cross-system interoperability, the application of common standards and access to central bank balances;
Amendment 78 #
2020/2034(INL)
Motion for a resolution
Recital M
Recital M
M. whereas operational problems, particularly ICT and security risks, especially hacking by foreign powers, can generate systemic risks for the financial sector;
Amendment 79 #
2020/2034(INL)
Motion for a resolution
Recital O
Recital O
Amendment 123 #
2020/2034(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that FinTech will be integral to the success of the Capital Markets Union (CMU) and encourages the Commission to consider how to harness the benefits of FinTech in driving forwardmaking capital markets integration in the Union the Union more resilient;
Amendment 133 #
2020/2034(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to deploy a proportionate, cross-sectorial and holistic approach to its work on FinTech, and focus on not smothering innovation with overregulation and red tape;
Amendment 139 #
2020/2034(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to act as first mover in order to create a favourable environment for European FinTech hubs and firms to scale up, for example by exempting such hubs and firms from the increasingly harmonised tax regulation at EU level;
Amendment 149 #
2020/2034(INL)
Motion for a resolution
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Stresses that law and supervision in the area of FinTech should be based on the following principles:
Amendment 156 #
2020/2034(INL)
Motion for a resolution
Paragraph 6 – point c a (new)
Paragraph 6 – point c a (new)
ca. preferential treatment of technologies developed in the EU and financed by EU sources;
Amendment 178 #
2020/2034(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of the triangle of trust, identity and dataprotection and data security in order to ensure that operators, consumers and supervisors are able to have confidence in digital finance;
Amendment 201 #
2020/2034(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that developing a pan- European taxonomy for crypto-assets is desirable as a step towards fosteringe need for a common understanding, facilitating collaboration across jurisdictions and providing greater regulatorysupervisory and legal certainty for market participants engaged in cross border activity; recommends taking into account the importance of international cooperation and global initiatives as regards frameworks for crypto-assets, bearing in mind in particular their borderless nature; cautions, however, that developing an open-ended taxonomy template may be more appropriate for this evolving market segment, but will ultimately be detrimental to legal certainty, and will be quickly outdated due to technological progress;
Amendment 212 #
2020/2034(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes, therefore, that any further categorisation should be cautious, restrained, balanced and flexible in order to give space for innovation in the sector while ensuring that risks can be identified at an early stage;
Amendment 222 #
2020/2034(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Further stresses that clear guidance on the applicable regulatory and prudential processes is needed in order to provide regulatory and prudential certainty regarding crypto- assets;
Amendment 232 #
2020/2034(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that applying existing regulations to previously unregulated crypto-assets will be necessary, as will creating bespoke regulatory regimes for evolving crypto-asset activities, such as initial coin offeringdifficult, since such technological innovations usually innovate by finding ways to circumvent new regulatory initiatives;
Amendment 268 #
2020/2034(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that with the increasing digitalisation of financial services, as well as outsourcing to external IT solution or maintenance providers, such as cloud providers, the exposure of financial institutions and markets to disruption caused by internal failures or external attacks by foreign powers is becoming more pronounced;
Amendment 276 #
2020/2034(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to propose legislative changerefits in the area of ICT and cyber security requirements for the Union financial sector in order to address any inconsistencies, gaps and loopholes that are found to exist in relevant law;
Amendment 289 #
2020/2034(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regrets that the supervisory negligence preceeding the downfall of Wirecard suggests that FinTechs profit from preferential treatment by supervisory authorities; regrets that the European institutions, including the European Parliament, has contributed in creating a hype around FinTechs; calls on national and European authorities to curb their enthusiasm when promoting FinTech;
Amendment 94 #
2020/2018(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should alsomust become guiding principles of the future regulatory framework;
Amendment 106 #
2020/2018(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;
Amendment 168 #
2020/2018(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users, their data and society at large and preventing their services from being exploited abusively.
Amendment 180 #
2020/2018(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules without any prejudice to the rights to freedom of expression and reinforce fundamental rights;
Amendment 201 #
2020/2018(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; or defrauding consumers;
Amendment 311 #
2020/2018(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;
Amendment 357 #
2020/2018(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour and require platforms to react more quickly and to be more transparent about the actions taken; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 473 #
2020/2018(INL)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 484 #
2020/2018(INL)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that over the years national authorities managed and solved critical aspects related to the evolution of e- commerce in an effective but fragmented way within the Union; stresses that a consistent approach between Member States is desirable;
Amendment 487 #
2020/2018(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 495 #
2020/2018(INL)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Considers that a network of independent National Enforcement Bodies (NEBs) on DSA should be reinforced;
Amendment 520 #
2020/2018(INL)
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and free speechdom of expression;
Amendment 893 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
Amendment 898 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
Amendment 903 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
Amendment 915 #
2020/2018(INL)
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
Amendment 23 #
2020/2017(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses the importance to avoid a purely notional and sterile use of AI in education which would undermine educational bonds between pupils, students and other learners and teachers, as well as between children and parents; the human dimension of education must remain at the forefront;
Amendment 33 #
2020/2017(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to include the education sector in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; underlines that data sets used to train AI should be reviewed to avoid reinforcing gender stereotypes and other biases;
Amendment 111 #
2020/2017(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Suggests that audiovisual content for educational purposes should be catalogued and classified according to age groups in order to facilitate an effective selection of the most suitable contents;
Amendment 10 #
2020/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that in the COVID-19 health crisis, several Member States have launched the development of mobile apps to protect public health by alerting citizens to past contact with someone who has tested positive for the virus; calls for a common EU approach to AI-enabled mobile apps, the development of which must remain under state control; notes that development of these mobile apps began late; points out that some experts believe their value is now limited in view of the evolution of the pandemic and availability of alternative tracing methods; draws attention to the legitimate concerns regarding personal data protection and the inadequacy of the tests carried out;
Amendment 37 #
2020/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that Member States and the Commission should promote AI technologies that work for people; calls on the Member States, in close cooperation with the Commission, to develop AI applications aimed at automating and facilitating e-government services, for example in the areas of tax administration, customs and consumer protection; underlines that explainable algorithms are important to ensure that businesses and consumers benefit from better, non- discriminatory and reliable public services which do not give rise to discrimination between European citizens, and at a lower cost.
Amendment 46 #
2020/2013(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Insists that European competition and public procurement law be updated in order to promote the emergence of world- class AI players based in Europe;
Amendment 131 #
2020/0374(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 and Directive 2002/58/EC of the European Parliament and of the Council28a, Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. The Regulation does not particularise or replace any of the obligations of core platform services under Regulation (EU) 2016/679 and Directive 2002/58/EC. _________________ 26 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). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 28aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 161 #
2020/0374(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 165 #
2020/0374(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 166 #
2020/0374(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 177 #
2020/0374(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation. In particular, gatekeepers' actions should adequately ensure transparency, interoperability (including equitable use of and access to data) and equal treatment (for example, where anti- competitiveself-preferencing, tying or bundling may arise).
Amendment 182 #
2020/0374(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner. For giving information and offering the opportunity to grant, modify or revoke consent, the gatekeeper shall provide end- users with a user-friendly as possible solution (of easy and prompt accessibility) in line with Regulation (EU) 2016/679, and, in particular, the requirement of data protection by design and data protection by default laid down in Article 25 of Regulation (EU) 2016/679.
Amendment 186 #
2020/0374(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) The online platforms that are not designated as gatekeepers may still need to obtain the consent of the persons concerned before combining data across their services or with data from third- party services pursuant to the General Data Protection Regulation and/or the ePrivacy Directive. Article 5(a) of the present Regulation should therefore not be understood that platforms that are not designated as gatekeepers may freely combine personal data across services without the individual’s consent.
Amendment 189 #
2020/0374(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 191 #
2020/0374(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 192 #
2020/0374(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 236 #
2020/0374(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform services. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data. In this regard, the query, click and view data in relation to searches generated by individuals constitute personal data. Moreover, these data are likely to be of a highly sensitive nature because they can contribute to build up a profile of individual preferences, status (including health status), interests and convictions (including religious and political beliefs). Often due attention is not paid by the controller to the effective anonymisation of personal data and that, as a consequence, sharing this information leads to a high risk of re- identification. Indeed, given the high level of insight offered into the private life of data subjects by query, click and view data, the gatekeeper shall be able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks.
Amendment 254 #
2020/0374(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
Amendment 260 #
2020/0374(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
Amendment 273 #
2020/0374(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 298 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2016/679 and Directive 2002/58/EC38a; Directive (EU) 2019/882of the European Parliament and of the Council38b; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 38a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 38bDirective (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services. 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 327 #
2020/0374(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
Amendment 335 #
2020/0374(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
Amendment 339 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery services as defined in Article 2 (2) of Regulation (EU) No 2018/644, freight, identification or advertising services;
Amendment 345 #
2020/0374(COD)
(21 a) "Profiling" means any form of automated processing of personal data as defined in Article 4(4) of Regulation (EU) 2016/679;
Amendment 346 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 b (new)
Article 2 – paragraph 1 – point 21 b (new)
(21 b) "Consent" means of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in Article 4(11) of Regulation (EU) 2016/679;
Amendment 347 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21 c (new)
Article 2 – paragraph 1 – point 21 c (new)
(21 c) "Data portability" means effective portability of data as referred to in Article 6(1)(h) of the present Regulation;
Amendment 354 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) "Persons with disabilities" means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882.
Amendment 357 #
2020/0374(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 362 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Amendment 372 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year;
Amendment 407 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 ; Directive (EU) 2019/882. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 408 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 412 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Amendment 429 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services and ancillary services identified pursuant to Article 3(7) and Article 2 (1) (14) respectively, a gatekeeper shall:
Amendment 433 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. , and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services, and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result;
Amendment 457 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary services of the gatekeeper itself or by any third party belonging to the same undertaking, in the context of services offered by the business users or end users using the core platform services of that gatekeeper;
Amendment 464 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platfuse any other product orm services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b) as a condition to access, sign up or register to of the gatekeeper as a condition to use any of their core platform services identified pursuant to that Article 3;
Amendment 468 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery services as defined in Article 2 (2) of Regulation (EU) No 2018/644, freight, identification or advertising services;
Amendment 468 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide each advertisers and publishers to which it supplies advertising services, upon their request, with informawith free of charge, high-quality, granular, effective, continuous and real- time access, equivalent to that conferred upon the gatekeeper itself, to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser or advertising intermediary and publisher, as well as the amount orand remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper, and on a basis that enables a clear understanding of the cost of the services provided and comparison against the cost of third-party services.
Amendment 488 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) "persons with disabilities" means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882;
Amendment 494 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business userdirectly or by any third party belonging to the same undertaking, in competition with business users and providers of ancillary services, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 498 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Amendment 505 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, without prejudice to the freedom of consumers, duly informed, to choose the software application or software application stores they prefer;
Amendment 513 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services, both basic and ancillary, and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 516 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year;
Amendment 537 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publisheor third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time access to the same granular data accessible to the gatekeeper, for the measurement and verification of advertising, in a format that is reconcilable with equivalent data from other sources, to enable advertisers, publishers and/or their third-party advertising technology vendors to carry out their own independent measurement and verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
Amendment 545 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end usernd users or third parties authorised by an end user, free of charge, with effective portability and interoperability of data provided by the end user or generated through the activity of a business user or end user in the context of their use on the relevant core platform service, and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line withffective portability of the personal data relating to her or him, including personal data generated through her or his activity as end-user of platform services in accordance with Article 20 of Regulation (EU) 2016/679, including by the provision of continuous and real-time access , while ensuring no data advantage is conferred upon the gatekeeper’s own core platform services as a result, including where necessary by placing restrictions on its own access to such data;
Amendment 551 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, granular, continuous and real-time access and use of aggregated or, equivalent to that conferred upon the gatekeeper itself, and use of non- aggregated data, including personal data, that is provided for or generated in the context of the use of the relevant core platform services or of ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business usersose business users via the core platform services; this shall include at the request of the business user, the possibility and necessary tools to access and analyse data “in-situ” without a transfer from the gatekeeper; for personal data, provide access aonly when the end user only where directly connected with the use effectuated by the end user in respect of the products or services ofpts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679, while ensuring no data advantage is conferred byupon the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ; gatekeeper’s own core platform services asa result, including where necessary by placing restrictions on its own access to such data. The functionalities for giving information and offering of the opportunity to grant consent should be as user-friendly as possible;
Amendment 562 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 562 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point j a (new)
Article 6 – paragraph 1 – point j a (new)
(j a) ensure their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882;
Amendment 565 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Amendment 569 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) provide business users, or third parties authorised by a business user, free of charge, with all necessary technical information required by them to optimise the interoperation of their products or services with the gatekeeper’s core platform services, ensuring that they have access to the same level of information, in the same format and at the same time as the gatekeeper’s own distinct products or services have access in order to interoperate with each other;
Amendment 575 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
Article 6 – paragraph 1 – point k b (new)
(k b) engage in good faith in the development of industry standards, in compliance with competition law requirements, to develop data portability and interoperability protocols that comply with the provisions of Regulation (EU) 2016/679, including common transaction ID and common user ID protocols;
Amendment 579 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k c (new)
Article 6 – paragraph 1 – point k c (new)
Amendment 580 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k d (new)
Article 6 – paragraph 1 – point k d (new)
(k d) refrain from tying and bundling any distinct products or services, or where distinct products or services are bundled, ensure the products are also offered separately to business users on reasonable terms and on a non-discriminatory basis.
Amendment 595 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services and ancillary services identified pursuant to Article 3(7) and Article 2 (1) (14) respectively, a gatekeeper shall:
Amendment 632 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 640 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users or end-users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
Amendment 643 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary services of the gatekeeper itself or by any third party belonging to the same undertaking, in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 644 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core and ancillary platform services designated pursuant to Article 3 and to Article 2 (1) (14), their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper or any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. In particular, the gatekeeper’s actions shall adequately ensure transparency, interoperability, including equitable use of and access to data, and equal treatment.
Amendment 651 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, orand to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Amendment 676 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, withregularly publishes information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 680 #
2020/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The audited description, as well as any relevant material that is collected in the context of supervising the gatekeeper that relate to the processing of personal data, shall be shared by the Commission with the competent national data protection authorities, upon their request.
Amendment 694 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 713 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business userdirectly or by any third party belonging to the same undertaking, in competition with business users and providers of ancillary services, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 728 #
2020/0374(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 732 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, without prejudice to the freedom of consumers, duly informed, to choose the software application or software application stores they prefer;
Amendment 750 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services, both basic and ancillary, and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 763 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 764 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 768 #
2020/0374(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 782 #
2020/0374(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and 21 shall be used only for the purposes of this Regulation. It shall always be possible to exchange any relevant information among the relevant European and national authorities in accordance with their respective mandate and public service mission.
Amendment 786 #
2020/0374(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee composed of representatives of the European Data Protection Board established in accordance with Article 68 of Regulation (EU) 2016/679 of the European Parliament and the Council, as well as by representatives of the competent authorities of the Member States for competition, electronic communications, audio-visual services, electoral oversight, and consumer protection. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment 808 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point g a (new)
Article 36 – paragraph 1 – point g a (new)
(g a) the practical arrangements and procedures to be adopted for the manner in which the Commission shall cooperate and work with the competent Member State authorities in the fulfilment of the functions set forth under Article 6, 7, 10, 16, 17, 24 and 25;
Amendment 826 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
Amendment 908 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 935 #
2020/0374(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core and ancillary platform services designated pursuant to Article 3, and to Article 2 (1) (14) their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper or any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
Amendment 995 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 1059 #
2020/0374(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 1103 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 1104 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 1110 #
2020/0374(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 102 #
2020/0365(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC conducted in 201918 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, react to, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity. __________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.75). 18 SWD(2019) 308.
Amendment 103 #
2020/0365(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Despite existing measures at Union19 and national level aimed at supporting the protection of critical infrastructures in the Union, the entities operating those infrastructures are not adequately equipped to address current and anticipated future risks to their operations that may result in disruptions of the provision of services that are essential for the performance of vital societal functions or economic activities. This is due to a dynamic threat landscape with an evolving state-sponsored hybrid actions and terrorist threats and growing interdependencies between infrastructures and sectors, as well as an increased physical risk due toman-made hazards and cyber attacks, natural disasters and climate change, which increases the frequency and scale of extreme weather events and brings long-term changes in average climate that can reduce the capacity and efficiency of certain infrastructure types if resilience or climate adaptation measures are not in place. Moreover, relevant sectors and types of entities are not recognised consistently as critical in all Member States. __________________ 19European Programme for Critical Infrastructure Protection (EPCIP).
Amendment 104 #
2020/0365(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Those growing interdependencies are the result of an increasingly cross- border and interdependent network of service provision using key infrastructures across the Union in the sectors of energy, transport, banking, financial market infrastructure, digital infrastructure, drinking and waste water, health, certain aspects of public administration, as well as space in as far as the provision of certain services depending on ground-based infrastructures that are owned, managed and operated either by Member States or by private parties is concerned, therefore not covering infrastructures owned, managed or operated by or on behalf of the Union as part of its space programmes. These interdependencies mean that any disruption, even one initially confined to one entity or one sector, can have cascading effects more broadly, potentially resulting in far-reaching and long-lasting negative impacts in the delivery of services across the internal market and on consumers in the Union. The COVID-19 pandemic has shown the vulnerability of our increasingly interdependent societies in the face of low-probability risks.
Amendment 106 #
2020/0365(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only risks impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to the proper functioning of the internal market and it negatively affects consumers. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
Amendment 111 #
2020/0365(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The actions of Member States to identify and help ensure the resilience of critical entities should follow a risk-based approach that targets efforts to the entities most relevant for the performance of vital societal functions or economic activities. In order to ensure such a targeted approach, each Member State should carry out, within a harmonised framework, an assessment of all relevant natural and man- made risks that may affect the provision of essential services, including accidents, hybrid threats, natural disasters, public health emergencies such as pandemics, and antagonistic threats, including terrorist offences. When carrying out those risk assessments, Member States should take into account other general or sector- specific risk assessment carried out pursuant to other acts of Union law and should consider the dependencies between sectors, including from other Member States and third countries. The outcomes of the risk assessment should be used in the process of identification of critical entities and to assist those entities in meeting the resilience requirements of this Directive.
Amendment 115 #
2020/0365(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In coordination with their national relevant authorities, Member States, should designate authorities competent to supervise the application of and, where necessary, enforce the rules of this Directive and ensure that those authorities are adequately empowered and resourced. In view of the differences in national governance structures and in order to safeguard already existing sectoral arrangements or Union supervisory and regulatory bodies, and to avoid duplication, Member States should be able to designate more than one competent authority. In that case, they should however clearly delineate the respective tasks of the authorities concerned and ensure that they cooperate smoothly and effectively. All competent authorities should also cooperate more generally with other relevant authorities, both at national and Union level.
Amendment 121 #
2020/0365(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to be able to ensure their resilience, critical entities should have a comprehensive understanding of all relevant risks to which they are exposed and analyse those risks. To that aim, they should carry out risks assessments, whenever necessary in view of their particular circumstances and the evolution of those risks, yet in any event every four years. The risk assessments by critical entities should be based on the risk assessment carried out by Member States, ensuring close cooperation between relevant authorities.
Amendment 122 #
2020/0365(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The risk of employees of critical entities misusing for instance their access rights within the entity’s organisation to harm and cause damage is of increasing concern. That risk is exacerbated by the growing intensity of hybrid threats, which are increasingly difficult to track and identify, but also by the phenomenon of radicalisation leading to violent extremism and terrorism. It is therefore necessary to enable critical entities to request background checks on persons falling within specific categories of its personnel and to ensure that those requests are assessed expeditiously by the relevant authorities, in accordance with the applicable rules of Union and national law, including on the protection of personal data. Specific trainings for employees and operators should be established.
Amendment 123 #
2020/0365(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Critical entities should notify, as soon as reasonably possible under the given circumstances, Member States’ competent authorities of incidents that significantly disrupt or have the potential to significantly disrupt their operations. The notification should allow the competent authorities to respond to the incidents rapidly and adequately to avoid further and more negative consequences and to have a comprehensive overview of the overall risks that critical entities face. For that purpose, a procedure should be established for the notification of certain incidents and parameters should be provided for to determine when the actual or potential disruption is significant and the incidents should thus be notified. Given the potential cross-border impacts of such disruptions, a procedure should be established for Member States to inform other affected Member States via single points of contacts. Given the sensitivity of certain events, appropriate forms of confidentiality should be ensured, together with mechanisms to prevent the dissemination of uncontrolled information.
Amendment 125 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) lays down obligations for Member States to take certain measures aimed at ensuring the provision in the internal market of services essential for the maintenance of vital societal functions or economic activities, in particular to identify critical entities and entities to be treated as equivalent in certain respects, and to enable them to meet their obligations, especially if they are particularly vulnerable;
Amendment 126 #
2020/0365(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes obligations for critical entities aimed at enhancing their resilience and improving their ability to provide those services in the internal market, and, in the event of an interruption, to promptly limit the damage or mitigate possible consequences in consultation with the designated national authorities;
Amendment 141 #
2020/0365(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The risk assessment shall account for all relevant natural and man-made risks, including accidents, hybrid threats, natural disasters, public health emergencies, antagonistic threats, including terrorist offences pursuant to Directive (EU) 2017/541 of the European Parliament and of the Council34 . __________________ 34Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).
Amendment 154 #
2020/0365(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) the impacts that incidents could have, in terms of degree and duration, on economic and societal activities, the environment and, public safety and the citizens;
Amendment 159 #
2020/0365(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience and also in developing specific protocols, agreements, cooperation and exchange of information and expertise between the public and the private sector. That support may include developing guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing training to personnel of critical entities.
Amendment 162 #
2020/0365(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The risk assessment shall account for all relevant risks referred to in Article 4(1) which could lead to the disruption of the provision of essential services, including an assessment of the international situation. It shall take into account any dependency of other sectors referred to in the Annex on the essential service provided by the critical entity, including in neighbouring Member States and third countries where relevant, and the impact that a disruption of the provision of essential services in one or more of those sectors may have on the essential service provided by the critical entity.
Amendment 164 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) prevent incidents from occurring, including through disaster risk reduction, protection from hybrid threats and climate adaptation measures;
Amendment 165 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point e
Article 11 – paragraph 1 – point e
(e) ensure adequate employee security management and training, including by setting out categories of personnel exercising critical functions, establishing access rights to sensitive areas, facilities and other infrastructure, and to sensitive information as well as identifying specific categories of personnel in view of Article 12;
Amendment 166 #
2020/0365(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) raise awareness and train employees and operators about the measures referred to in points (a) to (e) among relevant personnel.
Amendment 136 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, accessible, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non- discrimination.
Amendment 142 #
2020/0361(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normalfrequently provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activitiesillegal content. _________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 147 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. _________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 162 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, cyberbullying, man in the middle (MITM) attacks, phishing, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union lawthe criminal, administrative or civil legal framework of a Member State and what the precise nature or subject matter is of the law in question.
Amendment 171 #
2020/0361(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The general collection of personal data concerning the use of digital services interferes disproportionately with the right to privacy in the digital age. In line with the principle of data minimisation and in order to prevent unauthorised disclosure, identity theft and other forms of abuse of personal data, recipients should have the possibility to access information society services and the right to use and pay for information society services anonymously wherever technically possible. Similarly, users have a right not to be subject to tracking when using information society services. To that end, the processing of personal data concerning the use of digital services should be limited to the extent strictly necessary to provide the service and to bill the users. In addition, the collection of personal data for the purposes of retention, sale or user profiling should be prohibited.
Amendment 177 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content act to remove or to disable access to the illegal content when such content is deemed to be illegal according to Union or Member State law. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness throughf illegal content, in particular, its own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 178 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 180 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) European consumers should be able to safely purchase products and services online, regardless of whether a product or service has been produced in the Union or not. Online platforms allowing distance contracts with third- country traders should establish that before approving that trader on their platform, the third-country trader complies with the relevant Union or national law on product safety and product compliance. In addition, if the third-country trader does not provide an economic operator inside the Union liable for the product safety, online platforms should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation.
Amendment 189 #
2020/0361(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, accessible, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non- discrimination.
Amendment 189 #
2020/0361(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature, neither should they use automated moderation. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
Amendment 191 #
2020/0361(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 196 #
2020/0361(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normalfrequently provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activitiesillegal content. __________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 203 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities, which are under a specific relationship with the provider of intermediary services. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 207 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. To this end, the use of algorithmic decision- making processes should be disclosed to users whenever they are employed.
Amendment 210 #
2020/0361(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 214 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 218 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 222 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 228 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delaypromptly inform the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. _________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 231 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the oOnline platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guamay also ask for support from the Digital Services Coordinator in carrying out these specific obligations. If the trader is established outside the Union and should not cooperate or not to provide sufficient information for the verification of its compliance with the relevant Union or Member State law, this trader should not be admitted to operate and sell its products on the platform. If the trader is already on the platform and should not meet the above criteria, the platform should suspend that trader's account. The trader should be granteeingd the reliapossibility of the information towards consumer or other interested parties. Such oredress in the event of suspension of the business account. Online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 254 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 269 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
Amendment 273 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content e.g. sharing of images depicting child sexual abuse or terrorist content, should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 275 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
Amendment 280 #
2020/0361(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content act to remove or to disable access to the illegal content when such content is deemed to be illegal according to Union or Member State law. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness throughf the illegal content, in particular, its own- initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligentn economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 286 #
2020/0361(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 290 #
2020/0361(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) European consumers should be able to safely purchase products and services online, regardless of whether a product or service has been produced in the Union or not. Online platforms allowing distance contracts with third- country traders should establish, before approving that trader on their platform, that the third-country trader complies with the relevant Union or national law on product safety and product compliance. In addition, if the third- country trader does not provide an economic operator inside the Union liable for the product safety, online platforms should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation.
Amendment 290 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an careful assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 298 #
2020/0361(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
Amendment 299 #
2020/0361(COD)
Proposal for a regulation
Recital 99
Recital 99
(99) In particular, the Commission should have access to any relevant documents, data and information necessaryThe Commission to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers
Amendment 308 #
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 safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 312 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Article 1 – paragraph 5 – point b a (new)
(ba) Directive (EU) 2019/882;
Amendment 318 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:
Amendment 320 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 326 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services, which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that lawcriminal, administrative or civil legal framework of a Member State;
Amendment 338 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) 'persons with disabilities' means person within the meaning of Article 3(1) of Directive(EU) 2019/882;
Amendment 341 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously, act to remove or to disable access to the illegal content if the content or activity is to be deemed illegal under Article 2(g).
Amendment 345 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. In addition, the liability exemption in paragraph 1 shall not apply in case an online platform allows consumers to conclude distance contracts with third-country traders when there is no economic operator inside the Union liable for the product safety on behalf of that trader.
Amendment 357 #
2020/0361(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
Amendment 360 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means and by telephone, with Member States’ authorities, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 362 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public, in a clear and user- friendly manner, the information necessary to easily identify and communicate with their single points of contact.
Amendment 364 #
2020/0361(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. To this end, the use of algorithmic decision- making processes should be disclosed to users whenever they are employed.
Amendment 369 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. The use of algorithmic decision-making processes shall be notified to users whenever they are applied. The users should be able, where appropriate, to switch easily from interaction with the algorithmic system to human interaction. The information shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services should list the restrictions in relation to the use of their service for the dissemination of content deemed illegal under Union or Member State law in a clear and user-friendly manner, and differentiate the list from the general conditions for the use of their service so as to make the user aware of what is deemed illegal under the law and what is subject to the terms and conditions for the use of the service.
Amendment 374 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a transparent, diligent, objective, non-arbitrary and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 379 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, measures and tools used for the purpose of content moderation, including the impact of algorithmic decision-making compared to human review, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 383 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means. Any moderation system adopted either by providers of hosting services or by platforms shall not be applied to elected individuals to whom shall be recognized immunity because of their institutional role.
Amendment 387 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligentn economic operator can identify the illegality of the content in quesestablish, in a diligent manner and without discrimination, whether the notice concerns illegal content as defined in Article 2(g) of this Regulation. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 390 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content. The possibility of identifying, on the basis of a list drawn up in agreement with the Digital Service Coordinator, the type of illegal content to which the individual or entity presumes the reported content below, to should also be foreseen;
Amendment 397 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 401 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, fair and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 404 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of access and the duration;
Amendment 405 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 407 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 417 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least six months following the decision referred to in this paragraph, the access to an effective and user-friendly internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 419 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove, restrict, modify or disable access to the information;
Amendment 420 #
2020/0361(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 422 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. Online platforms shall set out the rules of procedure of their internal complaint handling system in a clear and user-friendly manner. The complainant should be able to enter free written explanations in addition to the pre- established complaint options.
Amendment 425 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objectiveobjective and transparent manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 428 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall promptly inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities.
Amendment 431 #
2020/0361(COD)
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 432 #
2020/0361(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delaypromptly inform the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 432 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities, and cost-effective manner and in at least one official language of the Union and at least in the language of the recipient to whom the decision referred to in Article 17 is addressed;
Amendment 433 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
(e) the dispute settlement takes place in accordance with clear and fair, fair and transparent rules of procedure.
Amendment 434 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 437 #
Amendment 442 #
2020/0361(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the oOnline pPlatforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guamay also ask for support from the Digital Services Coordinator in carrying out these specific obligations. If the trader is established outside the Union and does not cooperate or does not provide sufficient information for the verification of its compliance with the relevant Union or Member State law, this trader should not be admitted to operate and sell its products on the platform. If the trader is already on the platform and should not meet the above criteria, the platform should suspend that trader's account. The trader should be granteeingd the reliapossibility of the information towards consumer or other interested parties. Such oredress in the event of suspension of the business account. Online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 448 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonablespecified period of time and, after having issued a prior warning and provided a comprehensive explanation, the provision of their services to recipients of the service that frequently provide manifestly illegal content. The online platform may request support from the Digital Service Coordinator to establish the frequency for which account suspension is deemed necessary and to set the duration of the suspension.
Amendment 452 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonablespecified period of time and after having issued at least three prior warnings, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 453 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
Amendment 455 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. The assessment must be carried out by qualified staff provided with dedicated training on the applicable legal framework.
Amendment 460 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform without undue delay the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol.
Amendment 463 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 465 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;
Amendment 467 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offerthat products or services thatprovided comply with the applicable rules of Union lawrelevant Union or national law on product safety and product compliance.
Amendment 469 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assessassess, with the support of the Digital Service Coordinator if needed, whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sourcesand official sources. Online platforms allowing distance contracts with third-country traders should establish that the third-country trader complies with the relevant Union or national law on product safety and product compliance before giving them access its services offered in the Union and, where appropriate, with the support of the Digital service Coordinator. The Digital Service Coordinator may request support from market surveillance or customs authorities to assess the information provided by the trader.
Amendment 472 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently, asking the trader to notify any changes and confirm the information held by the online platform once a year. After the contractual relationship has ended, the online platform shall delete the information.
Amendment 474 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
Amendment 475 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every six months, information on the average monthly active recipients of the service in each Member State, calculated as an average over the period of the past six months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 485 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and conditions. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 487 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Special attention shall be given to recipients of the service who are minors. When advertising is addressed to minors, online platforms shall indicate in a clear, easy and unambiguous manner that such advertising targets this group of recipients.
Amendment 499 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination, including through algorithmic biases, and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
Amendment 504 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting 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.
Amendment 506 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 507 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adaptchecking content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions;
Amendment 510 #
2020/0361(COD)
Amendment 511 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which shall include the following:
Amendment 513 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
Amendment 515 #
2020/0361(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
Amendment 516 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 519 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
Amendment 521 #
2020/0361(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content, for example sharing of images depicting child sexual abuse or terrorist content, should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
Amendment 522 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities certified by qualified and accredited certification body; ;
Amendment 526 #
2020/0361(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, the Commission will issue guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan.
Amendment 527 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.
Amendment 539 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 549 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
Amendment 552 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission, in agreement with the Board, may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 559 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely manner. Member States shall ensure that their Digital Services Coordinators have adequate technical, financial and human resources to carry out their tasks. Similarly Member States shall ensure that Digital Services Coordinators have all the competences and powers provided for by the current national laws.
Amendment 562 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where a provider of intermediary services fails to appoint a legal representative in accordance with Article 11, all Member States shall have jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to exercise jurisdiction under this paragraph, it shall inform all other Member States andto ensure that the principle of ne bis in idem is respected.
Amendment 563 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
Amendment 564 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point c
Article 41 – paragraph 1 – point c
Amendment 565 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point b
Article 41 – paragraph 2 – point b
Amendment 566 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point e
Article 41 – paragraph 2 – point e
Amendment 567 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – point a
Article 41 – paragraph 3 – point a
(a) require the management body of the providers, within a reasonable time period, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken within a specific period;
Amendment 568 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an careful assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 568 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – point b
Article 41 – paragraph 3 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists and causes serious harm, and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
Amendment 577 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. The meeting is deemed valid when at least two third of the eligible members are present.
Amendment 578 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1
Article 48 – paragraph 2 – subparagraph 1
The Board shall adopt its acts by simple majority. In the event of a tied vote, the vote shall be considered void and a new vote shall be held by the Board.
Amendment 583 #
2020/0361(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
Amendment 584 #
2020/0361(COD)
Proposal for a regulation
Recital 99
Recital 99
(99) In particular, the Commission should have access to any relevant documents, data and information necessaryThe Commission, to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Rregulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers
Amendment 585 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, may, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision within a reasonable time period.
Amendment 587 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. When communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned, the Digital Services Coordinator of establishment shall request it to draw up and communicate to the Digital Services Coordinator of establishment, the Commission and the Board, within one month from that decision, an action plan, specifying how that platform intends to terminate or remedy the infringement. The measures set out in the action plan may includerecommend, where appropriate, participation in a code of conduct as provided for in Article 35.
Amendment 591 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:
Amendment 592 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – introductory part
Article 51 – paragraph 2 – introductory part
2. Where the Commission decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned. If the Commission decides not to initiate proceedings pursuant to paragraph 1, it shall inform the Board in writing of its reasons.
Amendment 597 #
2020/0361(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 602 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decisionafter consulting the Board, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 605 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. If, during proceedings under this Section, the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the Commission may by decision, after consulting the Board, make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.
Amendment 606 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where the Commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision, in agreement with the Board, when concluding the proceedings.
Amendment 610 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision, after consulting the Board, where it finds that the very large online platform concerned does not comply with one or more of the following:
Amendment 611 #
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 safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
Amendment 616 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision approved by the Board.
Amendment 622 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
Amendment 623 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the Commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1) and to the Board.
Amendment 626 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
Amendment 629 #
2020/0361(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b a (new)
Article 1 – paragraph 5 – point b a (new)
(ba) Directive (EU) 2019/882
Amendment 631 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point b
Article 61 – paragraph 3 – point b
Amendment 655 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:
Amendment 658 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 685 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an or activity, including the sale of products or provision of services which is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;criminal, administrative or civil legal framework of a Member State.
Amendment 739 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) "persons with disabilities" means person within the meaning of Article 3(1) of Directive(EU) 2019/882;
Amendment 759 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously, acts to remove or to disable access to the illegal content if the content or activity is to be deemed illegal under Article 2 (g).
Amendment 767 #
2020/0361(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control. In addition, the liability exemption in paragraph 1 shall not apply in case an online platform allows consumers to conclude distance contracts with third-country traders when there is no economic operator inside the Union liable for the product safety on behalf of that trader.
Amendment 899 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Providers of intermediary services shall establish a single point of contact allowing for direct communication, by electronic means and by telephone, with Member States’ authorities, the Commission and the Board referred to in Article 47 for the application of this Regulation.
Amendment 904 #
2020/0361(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Providers of intermediary services shall make public, in a clear and user- friendly manner, the information necessary to easily identify and communicate with their single points of contact.
Amendment 923 #
2020/0361(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible formatThe use of algorithmic decision-making processes shall be notified to users whenever they are applied. The users shall be able, where appropriate, to switch easily from interaction with the algorithmic system to human interaction. The information shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall list the restrictions in relation to the use of their service for the dissemination of content deemed illegal under Union or Member State law in a clear and user- friendly manner, and differentiate the list from the general conditions for the use of their service so as to make the user aware of what is deemed illegal under the law and what is subject to the terms and conditions for the use of the service.
Amendment 991 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, measures and tools used for the purpose of content moderation, including the impact of algorithmic decision-making compared to human review, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 1032 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligentn economic operator can identify the illegality of the content in quesestablish, in a diligent manner and without discrimination, whether the notice concerns illegal content as defined in Article 2(g) of these Regulations. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1037 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content. The possibility of identifying, on the basis of a list drawn up in agreement with the Digital Service Coordinator, the type of illegal content to which the individual or entity presumes the reported content below, to should also be foreseen;
Amendment 1053 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1106 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of access and the duration;
Amendment 1110 #
2020/0361(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including where the decision was taken in respect of content detected or identified using automated means;
Amendment 1148 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least six months following the decision referred to in this paragraph, the access to an effective and user-friendly internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1176 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. The complainant shall be able to enter free written explanations in addition to the pre-established complaint options.
Amendment 1185 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objectiveobjective and transparent manner. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.
Amendment 1187 #
2020/0361(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Online platforms shall promptly inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in Article 18 and other available redress possibilities.
Amendment 1224 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
Amendment 1229 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities, and cost-effective manner and in at least one official language of the Union and at least in the language of the recipient to whom the decision referred to in Article 17 is addressed;
Amendment 1238 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fairtransparent rules of procedure.
Amendment 1246 #
2020/0361(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
Amendment 1258 #
Amendment 1319 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonablespecified 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 that has been duly declared illegal as defined in Article 2(g). The online platform may request support from the Digital Service Coordinator to establish the frequency for which account suspension is deemed necessary and to set the duration of the suspension.
Amendment 1331 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonablespecified period of time and after having issued at least three prior warnings, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.
Amendment 1335 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted in the past year;
Amendment 1341 #
2020/0361(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 a (new)
Article 20 – paragraph 3 – subparagraph 1 a (new)
The assessment must be carried out by qualified staff provided with dedicated training on the applicable legal framework.
Amendment 1359 #
2020/0361(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Where the online platform cannot identify with reasonable certainty the Member State concerned, it shall inform without undue delay the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol.
Amendment 1374 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 1384 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural person;
Amendment 1394 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offerthat products or services thatprovided comply with the applicable rules of Union lawrelevant Union or national law on product safety and product compliance.
Amendment 1401 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assessassess, with the support of the Digital Service Coordinator if needed, whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sourcesand official sources. Online platforms allowing distance contracts with third-country traders shall establish that the third-country trader complies with the relevant Union or national law on product safety and product compliance before giving them access its services offered in the Union and, where appropriate, with the support of the Digital service Coordinator. The Digital Service Coordinator may request support from market surveillance or customs authorities to assess the information provided by the trader.
Amendment 1430 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently, asking the trader to notify any changes and confirm the information held by the online platform once a year. After the contractual relationship has ended, the online platform shall delete the information.
Amendment 1469 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the number of suspensions imposed pursuant to Article 20, distinguishing between suspensions enacted for the provision of manifestly illegal content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints;
Amendment 1474 #
2020/0361(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Online platforms shall publish, at least once every sixtwelve months, information on the average monthly active recipients of the service in each Member State, calculated as an average over the period of the past sixtwelve months, in accordance with the methodology laid down in the delegated acts adopted pursuant to Article 25(2).
Amendment 1499 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
Special attention shall be given to recipients of the service who are minors. When advertising is addressed to minors, online platforms shall indicate in a clear, easy and unambiguous manner that such advertising targets this group of recipients.
Amendment 1592 #
2020/0361(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall also 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.
Amendment 1607 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – introductory part
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effectivproportionate mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
Amendment 1611 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) adaptchecking content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions;
Amendment 1617 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 1633 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which shall include the following:
Amendment 1639 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b
Article 27 – paragraph 2 – point b
Amendment 1642 #
2020/0361(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 1668 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities certified by qualified and accredited certification body;
Amendment 1680 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non-compliance identified.
Amendment 1726 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
Amendment 1818 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point b
Article 34 – paragraph 1 – point b
Amendment 1852 #
2020/0361(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may inv, in agreement witeh the very largBoard, may invite online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
Amendment 1916 #
2020/0361(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Member States shall ensure that their Digital Services Coordinators are informed by the relevant national, local and regional authorities on the diversity of platform sectors and issues covered by this Regulation;
Amendment 1925 #
2020/0361(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Paragraph 2 is without prejudice to the tasks of Digital Services Coordinators within the system of supervision and enforcement provided for in this Regulation and the cooperation with other competent authorities in accordance with Article 38(2). Paragraph 2 shall not prevent supervision of the authorities concerned in accordance with national constitutional law.
Amendment 1934 #
2020/0361(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where a provider of intermediary services fails to appoint a legal representative in accordance with Article 11, all Member States shall have jurisdiction for the purposes of Chapters III and IV. Where a Member State decides to exercise jurisdiction under this paragraph, it shall inform all other Member States andto ensure that the principle of ne bis in idem is respected.
Amendment 1950 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point a
Article 41 – paragraph 3 – subparagraph 1 – point a
(a) require the management body of the providers, within a reasonable time period, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report on the measures taken within a specific period;
Amendment 1952 #
2020/0361(COD)
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 1 – point b
Article 41 – paragraph 3 – subparagraph 1 – point b
(b) where the Digital Services Coordinator considers that the provider has not sufficiently complied with the requirements of the first indent, that the infringement persists and causes serious harm, and that the infringement entails a serious criminal offence involving a threat to the life or safety of persons, request the competent judicial authority of that Member State to order the temporary restriction of access of recipients of the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.
Amendment 2051 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. The meeting is deemed valid when at least two third of the eligible members are present.
Amendment 2056 #
2020/0361(COD)
Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 2
Article 48 – paragraph 2 – subparagraph 2
The Board shall adopt its acts by simple majority. In the event of a tied vote, the vote shall be considered void and a new vote shall be held by the Board.
Amendment 2103 #
2020/0361(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
2. When communicating the decision referred to in the first subparagraph of paragraph 1 to the very large online platform concerned, the Digital Services Coordinator of establishment shall request it to draw up and communicate to the Digital Services Coordinator of establishment, the Commission and the Board, within one month from that decision, an action plan, specifying how that platform intends to terminate or remedy the infringement. The measures set out in the action plan may includerecommend, where appropriate, participation in a code of conduct as provided for in Article 35.
Amendment 2127 #
2020/0361(COD)
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where the Commission decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned. If the Commission decides not to initiate proceedings pursuant to paragraph 1, it shall inform the Board in writing of its reasons.
Amendment 2155 #
2020/0361(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 2165 #
2020/0361(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission may, by decision, and after consulting the Board, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 2171 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. If, during proceedings under this Section, the very large online platform concerned offers commitments to ensure compliance with the relevant provisions of this Regulation, the Commission may, by decision and after consulting the Board, make those commitments binding on the very large online platform concerned and declare that there are no further grounds for action.
Amendment 2176 #
2020/0361(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Where the Commission considers that the commitments offered by the very large online platform concerned are unable to ensure effective compliance with the relevant provisions of this Regulation, it shall reject those commitments in a reasoned decision, in agreement with the Board, when concluding the proceedings.
Amendment 2187 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision, after consulting the Board, where it finds that the very large online platform concerned does not comply with one or more of the following:
Amendment 2203 #
2020/0361(COD)
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Commission finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision approved by the Board.
Amendment 2218 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
Amendment 2219 #
2020/0361(COD)
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the Commission shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1) and to the Board.
Amendment 2228 #
2020/0361(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
Amendment 2235 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point b
Article 61 – paragraph 3 – point b
Amendment 2265 #
2020/0361(COD)
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
Prior to making such request to the Digital Services Coordinator, the Commission shall invite interested parties to submit written observations within a time period that shall not be less than two weeks, describing14 days, the measures it intends to request and identifying the intended addressee or addressees thereof.
Amendment 104 #
2020/0359(COD)
Proposal for a directive
Recital 46
Recital 46
(46) To further address key supply chain risks and assist entities operating in sectors covered by this Directive to appropriately manage supply chain and supplier related cybersecurity risks, the Cooperation Group involving relevant national authorities, in cooperation with the Commission and, ENISA and the affected essential and important entities, should carry out coordinated sectoral supply chain risk assessments, as was already done for 5G networks following Recommendation (EU) 2019/534 on Cybersecurity of 5G networks21 , with the aim of identifying per sector which are the critical ICT services, systems or products, relevant threats and vulnerabilities. __________________ 21Commission Recommendation (EU) 2019/534 of 26 March 2019 Cybersecurity of 5G networks (OJ L 88, 29.3.2019, p. 42).
Amendment 105 #
2020/0359(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The supply chain risk assessments, in light of the features of the sector concerned, should take into account both technical and, where relevantjustified by the criticality of the sector, non- technical factors including those defined in Recommendation (EU) 2019/534, in the EU wide coordinated risk assessment of 5G networks security and in the EU Toolbox on 5G cybersecurity agreed by the Cooperation Group. These assessments should be evidence-based and their results clearly defined. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria should be taken into account: (i) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (ii) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (iii) the availability of alternative ICT services, systems or products; (iv) the resilience of the overall supply chain of ICT services, systems or products against disruptive events and (v) for emerging ICT services, systems or products, their potential future significance for the entities’ activities.
Amendment 114 #
2020/0359(COD)
Proposal for a directive
Recital 55
Recital 55
(55) This Directive lays down a two- stage approach to incident reporting in order to strike the right balance between, on the one hand, swift reporting that helps mitigate the potential spread of incidents and allows entities to seek support, and, on the other hand, in-depth reporting that draws valuable lessons from individual incidents and improves over time the resilience to cyber threats of individual companies and entire sectors. Where entities become aware of an incident, they should be required to submit an initial notification within 24out undue delay and not later than 72 hours, followed by a final report not later than one2 months after. The initial notification should only include the information strictly necessary to make the competent authorities aware of the incident and allow the entity to seek assistance, if required. Such notification, where applicable, should indicate whether the incident is presumably caused by unlawful or malicious action. Member States should ensure that the requirement to submit this initial notification does not divert the reporting entity’s resources from activities related to incident handling that should be prioritised. To further prevent that incident reporting obligations either divert resources from incident response handling or may otherwise compromise the entities efforts in that respect, Member States should also provide that, in duly justified cases and in agreement with the competent authorities or the CSIRT, the entity concerned can deviate from the deadlines of 724 hours for the initial notification and one2 months for the final report.
Amendment 126 #
2020/0359(COD)
Proposal for a directive
Recital 70
Recital 70
(70) In order to strengthen the supervisory powers and actions that help ensure effective compliance and to achieve a common high level of security within the digital sector throughout the Union, this Directive should provide for a minimum list of supervisory actions and means through which competent authorities may supervise essential and important entities. In addition, this Directive should establish a differentiation of supervisory regime between essential and important entities with a view to ensuring a fair balance of obligations for both entities and competent authorities. Thus, essential entities should be subject to a fully-fledged supervisory regime (ex-ante and ex-post), while important entities should be subject to a light supervisory regime, ex-post only. For the latter, this means that important entities should not document systematically compliance with cybersecurity risk management requirements, while competent authorities should implement a reactive ex -post approach to supervision and, hence, not have a general obligation to supervise those entities, except where there is a manifest breach of obligations, in particular where such entities cause risk for users or other services included in the scope of this Directive.
Amendment 128 #
2020/0359(COD)
Proposal for a directive
Recital 76
Recital 76
(76) In order to further strengthen the effectiveness and dissuasiveness of the penalties applicable to infringements of obligations laid down pursuant to this Directive, the competent authorities should be empowered to apply sanctions consisting of the suspension of a certification or authorisation concerning part or all thethe implicated services provided by an essential entity and the imposition of a temporary ban from the exercise of managerial functions by a natural person. Given their severity and impact on the entities’ activities and ultimately on their consumers, such sanctions should only be applied proportionally to the severity of the infringement and taking account of the specific circumstances of each case, including the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered. Such sanctions should only be applied as ultima ratio, meaning only after the other relevant enforcement actions laid down by this Directive have been exhausted, and only for the time until the entities to which they apply take the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. The imposition of such sanctions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection, due process, presumption of innocence and right of defence.
Amendment 133 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to public and private entities of a type referred to as essential entities in Annex I and as important entities in Annex II. Entities and subsectors that fall within the scope of this Directive shall be provided with clear and concise definitions with respect to their designations. This Directive does not apply to entities that Member States unequivocally identify as non-critical, including where they are of types referred to in Annex I and Annex II. This Directive does not apply to entities that qualify as micro and small enterprises within the meaning of Commission Recommendation 2003/361/EC.28, without prejudice to their voluntary involvement. __________________ 28 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 148 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
Article 4 – paragraph 1 – point 26 a (new)
(26a) 'non-critical entity' means any entity of a type referred to in Annex I and Annex II which, regardless of its size and resources, has no critical function within a specific sector or type of service provided and has a low level of dependency from other sectors or types of services.
Amendment 149 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2 and the roles and responsibilities of public bodies and entities as well as other relevant actors, in particular those entrusted with specific SMEs support. The governance framework shall clearly outline how cooperation and coordination is organised between relevant national authorities designated under this Directive;
Amendment 161 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
(h) a policy addressing specific needs of SMEs in fulfilling the provisions laid down by this Directive, in particular those excluded from the scope of this Directive, in relation to guidance and support in improving their resilience to cybersecurity threats. and encouraging, through dedicated support, their proactive adoption of suitable cybersecurity measures;
Amendment 172 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall designate one of its CSIRTs as referred to in Article 9 as a coordinator for the purpose of coordinated vulnerability disclosure. The process of coordinated vulnerability disclosure shall be coherent with internationally recognised standards on vulnerability handling and disclosure. The designated CSIRT shall act as a trusted intermediary, facilitating, where necessary, the interaction between the reporting entity and the manufacturer or provider of ICT products or ICT services. Where the reported vulnerability concerns multiple manufacturers or providers of ICT products or ICT services across the Union, the designated CSIRT of each Member State concerned shall cooperate with the CSIRT network.
Amendment 174 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures, as well as the necessary technical and organisational measures for the security of the registry, with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and register vulnerabilities present in ICT products or ICT services, as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties. ENISA shall clarify the terms of work and use of registry, including procedures for reporting, use and storage of the vulnerability information. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
Amendment 177 #
2020/0359(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall designate one or more competent authorities responsible for the management of large- scale incidents and crises. Where a Member State designates more than one competent authority, it should clearly indicate which of these competent authorities would serve as the main point of contact during a large-scale incident or crisis. Member States shall ensure that competent authorities have adequate resources to perform, in an effective and efficient manner, the tasks assigned to them.
Amendment 186 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) providing practical and operational guidance to essential and important entities in cybersecurity response and prevention activities, including in particular dedicated technical support to SMEs;
Amendment 206 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical and organisational measures to manage the risks posed to the security of network and information systems which those entities use in the provision of their services. These measures shall be adopted following a risk-based assessment that takes the utmost account of the level of criticality of the concerned entities. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented and shall not undermine valid security offering mechanisms already in place.
Amendment 221 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Cooperation Group, in cooperation with the Commission and ENISA, and after having consulted the affected essential and important entities, may carry out coordinated security risk assessments of specific critical ICT services, systems or products supply chains, taking into account technical and, where relevant, non-technical risk factorjustified by the level of criticality of the sector, non-technical risk factors. Risk assessments should follow a balanced and non-discriminatory approach to ensure competitive and harmonised internal market, with coordinated Member State approaches.
Amendment 223 #
2020/0359(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission, after consulting with the Cooperation Group and, ENISA and the affected essential and important entities, shall identify the specific critical ICT services, systems or products that may be subject to the coordinated risk assessment referred to in paragraph 1.
Amendment 224 #
2020/0359(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a When the Cooperation Group includes non-technical risk factors in its supply chain risk assessments, it shall ensure that those factors are evidence-based, clearly defined and that their interpretation is aligned across the Union to the greatest extent possible. Member States shall ensure that any affected party has clear and lawful means to raise concerns, challenge and object to the final decision taken as a result of the supply chain assessments referred to in paragraph 1 of this Article.
Amendment 231 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Member States shall ensure that essential and important entities may notify, without undue delay where feasible or through periodic threat analysis reports, the competent authorities or the CSIRT of any significant cyber threat that those entities identify that could have potentially resulted in a significant incidentwithin the meaning of Article 2(8) of Regulation (EU) 2019/881.
Amendment 237 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event winot later thian 724 hours after having become aware of the incident, an initial notification, which, where applicable and possible, shall indicate whether the incident is presumably caused by unlawful or malicious action;
Amendment 242 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a final report not later than onetwo months after the submission of the report under point (a), including at least the following:
Amendment 280 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. In compliance with Union law, ENISA shall support the establishment of cybersecurity information-sharing arrangements referred to in paragraph 2 by providing best practices and guidance with the aim of promoting the cross-border exchange of information at Union level between the relevant entities.
Amendment 152 #
2020/0267(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to allow for the development of crypto-assets that qualify as financial instruments and DLT, while preserving a high level of financial stability, market integrity, transparency and investor protection, it would be useful to create a pilot regime for DLT market infrastructures. A pilot regime for DLT market infrastructures should allow such DLT market infrastructures to be temporarily exempted from some specific requirements under the Union financial services legislation that could otherwise prevent them from developing solutions for the trading and settlement of transactions in crypto-assets that qualify as financial instruments. The establishment of the pilot regime should not adversely affect the tasks and responsibilities of the European Central Bank (ECB) and national central banks in the European System of Central Banks (ESCB), as provided for in the Treaty on the Functioning of the European Union and the Statute of the ESCB and of the ECB, to promote the smooth operation of payment systems and to ensure efficient and reliable clearing and payment systems within the Union and with other countries. The pilot regime should also enable the European Securities and Markets Authorities (ESMA) and competent authorities to gain experience on the opportunities and specific risks created by crypto-assets that qualify as financial instruments, and by their underlying technology.
Amendment 214 #
2020/0267(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) A DLT market infrastructure should have specific and robust IT and cyber arrangements related to the use of DLT. These arrangements should be proportionate to the nature, scale and complexity of the DLT market infrastructure’s business plan. These arrangements should also ensure the continued reliability, continuity and security of the services provided, including the reliability of smart contracts that are potentially used. DLT market infrastructures should also ensure the integrity, security, confidentiality, availability and accessibility of data stored on the DLT. These measures should be in line with the obligations set out in Article 32 of Regulation (EU) 2016/679 ('the General Data Protection Regulation') concerning the implementation of technical and organisational security measures that can ensure a level of security appropriate to the risk. With regard to smart contracts, the provisions of Article 22(1) of the General Data Protection Regulation should apply, according to which a data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. The competent authority of a DLT market infrastructure should be allowed to request an audit to ensure that the overall IT and cyber arrangements are fit for purpose. The costs of such an audit should be borne by the DLT market infrastructure.
Amendment 216 #
2020/0267(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In the event of a personal data breach, the DLT market infrastructure operator should also notify the relevant data protection supervisory authority, in accordance with the General Data Protection Regulation. The notification referred to in Article 9(1)(b) should not be construed as an alternative to, or substitute for, the notification referred to in Article 33 of the aforementioned Regulation.
Amendment 371 #
2020/0267(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
They shall also have up-to-date, clear and detailed publically available written documentation, which may be made available by electronic means, defining the rules under which the DLT market infrastructure shall operate, including the agreed upon associated legal terms defining the rights, obligations, responsibilities and liabilities of the operator of the DLT market infrastructure, as well as that of the members, participants, issuers and/or clients using the DLT market infrastructure concerned. The same documentation shall also include the privacy notice containing the list of processing operations carried out in connection with the DLT market infrastructure, together with the roles and responsibilities of the entities involved in the processing of personal data. Such legal arrangements shall specify the governing law, the pre-litigation dispute settlement mechanism and the jurisdiction for bringing legal action.
Amendment 392 #
2020/0267(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6a. Where activities relating to the operation of DLT market infrastructure involve the processing of personal data, at least one of the two conditions set out in Article 6(b) or (c) of of Regulation (EU) 2016/67 must be met.
Amendment 498 #
2020/0267(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Where it considers it necessary, ESMA may provide for the publication of interim reports to provide market participants with information on the functioning of the markets, to address any misconduct by operators, to provide clarifications on the application of this Regulation and its implementing acts and to update previous indications in accordance with the evolution of DLT.
Amendment 185 #
2020/0266(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) With ICT threats becoming more complex and sophisticated, good detection and prevention measures depend to a great extent on regular threat and vulnerability intelligence sharing between financial entities. Information sharing contributes to increased awareness on cyber threats, which, in turn, enhances financial entities’ capacity to prevent threats from materialising into real incidents and enables financial entities to better contain the effects of ICT-related incidents and recover more efficiently. In the absence of guidance at Union level, several factors seem to have inhibited such intelligence sharing, notably uncertainty over the compatibility with the data protection, anti-trust and liability rulesanti-trust and liability rules. Data protection does not constitute an obstacle to intelligence sharing in the financial sector because data protection requirements should be perceived as a basic requirement, which should be complied with to ensure that the rights of individuals within the data operational resilience framework of financial entities are safeguarded. In that regard, the national data protection authorities (DPAs) have an important role to play in promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to data processing, as well as the awareness of controllers and processors in relation to their obligations under the General Data Protection Regulation. Moreover, the European Data Protection Board's guidance set out in its guidelines, recommendations and best practices encourages consistent application of the General Data Protection Regulation.
Amendment 303 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘ICT services’ means digital and data services provided through the ICT systems to one or more internal or external users, including provision of data, on an ongoing basis, including data entry, data storage, data processing and reporting services, data monitoring as well as data based business and decision support services, hardware as a service, and hardware services which encompass technical support via software or firmware updates by the hardware provider;
Amendment 331 #
2020/0266(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 50 a (new)
Article 3 – paragraph 1 – point 50 a (new)
(50 a) 'competent authorities' means national competent authorities in accordance with Article 41 or, for credit institutions considered to be significant, the ECB pursuant to Regulation (EU) No 1024/2013.
Amendment 348 #
2020/0266(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Financial entities shall have a sound, comprehensive and well- documented ICT risk management framework, which enables them to address ICT risk quickly, efficiently and comprehensively and to ensure a high level of digital operational resilience that matches their business needs, size and, complexity and risk profile. Such ICT risk management framework shall be based on the three lines of defense model.
Amendment 370 #
2020/0266(COD)
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
10. Upon notification to, and approval of, competent authorities, financial entities may delegatoutsource the tasks of verifying compliance with the ICT risk management requirements to intra-group or external undertakings. Where such outsourcing occurs, the financial entity shall remain fully accountable for the verification of compliance with ICT risk management requirements.
Amendment 422 #
2020/0266(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Financial entities shall put in place, maintain and periodically test appropriate ICT business continuitResponse and Recovery plans, notably with regard to critical or important functions outsourced or contracted through arrangements with ICT third-party service providers.
Amendment 426 #
2020/0266(COD)
Proposal for a regulation
Article 10 – paragraph 5 – point a
Article 10 – paragraph 5 – point a
(a) test the ICT Bbusiness Ccontinuity Ppolicy and the ICT Disaster Recovery Plan at least yearly and after substantive changes to the ICT systems following a risk-based approach;
Amendment 552 #
2020/0266(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Financial entities shall ensure that tests, including threat led penetration testing, are undertaken by independent parties, whether internal or external. In the case of an internal tester, an adequate analysis and identification of the proper resources to be allocated in the design and execution phases of the tests shall be performed, in order to avoid any conflicts of interest and other potential managerial issues.
Amendment 579 #
2020/0266(COD)
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4 a. Results of threat led penetration testing, including those performed under the European Framework for Threat Intelligence-based Ethical Red Teaming (TIBER-EU), shall be mutually recognized within the Union among competent authorities.
Amendment 618 #
2020/0266(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 a (new)
Article 26 – paragraph 2 – subparagraph 1 a (new)
With regard to the respect of data protection referred to point (a), financial entities shall comply with the requirement of Chater V of Regulation (EU) 2016/679, as interpreted in the case-law of the Court of Justice of the European Union.
Amendment 653 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. The designation referred to in point (a) of paragraph 1 shall be based on all of the following criteria: -a) on the basis of a structured risk-based approach which takes into account both the provider and the nature of the service it provides;
Amendment 660 #
2020/0266(COD)
Proposal for a regulation
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2 a. The designation shall not apply in relation to intragroup ICT third-party service providers.
Amendment 23 #
2020/0265(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Some crypto-assets qualify as financial instruments as defined in Article 4(1), point (15), of Directive 2014/65/EU of the European Parliament and of the Council33. Because of the specific features linked to their innovative and technological aspects, however, it is necessary to clearly identify the requirements for classifying a crypto-asset as a financial instrument. For this purpose, the European Securities and Markets Authority (ESMA) should be tasked by the European Commission with publishing guidelines in order to reduce legal uncertainty and guarantee a level playing field for market operators. The majority of crypto-assets, however, fall outside of the scope of Union legislation on financial services. There are no rules for services related to crypto-assets, including for the operation of trading platforms for crypto- assets, the service of exchanging crypto- assets against fiat currency or other crypto- assets, or the custody of crypto- assets. The lack of such rules leaves holders of crypto- assets exposed to risks, in particular in areas not covered by consumer protection rules. The lack of such rules can also lead to substantial risks to market integrity in the secondary market of crypto-assets, including market manipulation. To address those risks, some Member States have put in place specific rules for all – or a subset of – crypto-assets that fall outside Union legislation on financial services. Other Member States are considering to legislate in this area. _________________ 33Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
Amendment 37 #
2020/0265(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) When thinking about its harmonised framework, the Union should also consider the need for a global conference on the regulation of crypto- assets in order to find jointly agreed solutions and avoid legislative ‘dumping’ that would jeopardise the financial and banking stability of Member States, and to prevent the creation of legislative discrepancies that are detrimental to consumer protection.
Amendment 46 #
2020/0265(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Any legislation adopted in the field of crypto-assets should be specific, future- proof and be able to keep pace with innovation and technological developments and be based on incentivising approaches in order to ensure a consistent national legal competence, as well as rapid development for the industry. ‘Crypto- assets’ and ‘distributed ledger technology’ should therefore be defined as widely as possible to capture all types of crypto- assets which currently fall outside the scope of current Union legislation on financial services. Such legislation should also contribute to the objective of combating money laundering and the financing of terrorism. Any definition of ‘crypto-assets’ should therefore correspond to the definition of ‘virtual assets’ set out in the recommendations of the Financial Action Task Force (FATF)34. For the same reasonIn order to avoid damaging or infringing Member States’ national competences in relation to control over their fiscal and monetary policies, any list of crypto-asset services should also encompass virtual asset services that are likely to raise money- laundering concerns and that are identified as such by the FATF. _________________ 34FATF (2012-2019), International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation, FATF, Paris, France (www.fatf- gafi.org/recommendations.html).
Amendment 54 #
2020/0265(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) A distinction should be made between three sub-categories of crypto- assets, which should be subject to more specific requirements. The first sub- category consists of a type of crypto-asset which is intended to provide digital access to a good or service, available on DLT, and that is only accepted by the issuer of that token (‘utility tokens’). Such ‘utility tokens’ have non-financial purposes related to the operation of a digital platform and digital services and should be considered as a specific type of crypto-assets. A second sub-category of crypto-assets are ‘asset-referenced tokens’. Such asset- referenced tokens aim at maintaining a stable value by referencing several currencies that are legal tender, one or several commodities, one or several crypto-assets, or a basket of such assets. By stabilising their value, those asset- referenced tokens often aim at being used by their holders as a means of paymentexchange to buy goods and services and as a store of value. A third sub-category of crypto- assets are crypto-assets that are intended primarily as a means of paymentexchange aim at stabilising their value by referencing only one fiat currency. The function of such crypto-assets is very similar to the function of electronic money, as defined in in Article 2, point 2, of Directive 2009/110/EC of the European Parliament and of the Council35. Like electronic money, such crypto-assets are electronic surrogates for coins and banknotes and are used for making payments. These crypto- assets are defined as ‘electronic money tokens’ or ‘e-money tokens’. _________________ 35Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
Amendment 59 #
2020/0265(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Despite their similarities, electronic money and crypto-assets referencing a single fiat currency differ in some important aspects. Holders of electronic money as defined in Article 2, point 2, of Directive 2009/110/EC are always provided with a claim on the electronic money institution and have a contractual right to redeem their electronic money at any moment against fiat currency that is legal tender at par value with that currency. By contrast, some of the crypto-assets referencing one fiat currency which is legal tender do not provide their holders with such a claim on the issuers of such assets and could fall outside the scope of Directive 2009/110/EC. Other crypto-asset referencing one fiat currency do not provide a claim at par with the currency they are referencing or limit the redemption period. The fact that holders of such crypto-assets do not have a claim on the issuers of such assets, or that such claim is not at par with the currency those crypto-assets are referencing, could undermine the confidence of users of those crypto-assets. To avoid circumvention of the rules laid down in Directive 2009/110/EC, any definition of ‘e-money tokens’ should be as wide as possible to capture all the types of crypto-assets referencing one single fiat currency that is legal tender. To avoid regulatory arbitrage, strict conditions on the issuance of e- money tokens should be laid down, including the obligation for such e-money tokens to be issued either by a credit institution as defined in Regulation (EU) No 575/2013 of the European Parliament and of the Council36, or by an electronic money institution authorised under Directive 2009/110/EC. For the same reason, issuers of such e-money tokens should also grant the users of such tokens with a claim to redeem their tokens at any moment and at par value against the currency referencing those tokens. E- money tokens should reference any global currency that is legal tender. Because e- money tokens are also crypto-assets and can also raise new challenges in terms of consumer protection and market integrity specific to crypto-assets, they should also be subject to rules laid down in this Regulation to address these challenges to consumer protection and market integrity. However, since the various crypto-assets pose different risks and challenges for national economies, partly because of unknown factors in determining their value, stabilising crypto-assets to a single legal currency provides more secure uses for consumers and investors. _________________ 36Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
Amendment 94 #
2020/0265(COD)
(29) A competent authority should be obliged to refuse authorisation where the prospective issuer of asset-referenced tokens’ business model may pose a serious threat to financial stability, monetary policy transmission and monetary sovereignty. The competent authority should be obliged to consult the EBA and ESMA and, where the asset- referenced tokens isare referencing Union currencies, the European Central Bank (ECB) and the national central bank of issue of such currencies before granting an authorisation or refusing an authorisation. The EBA, ESMA, and, where applicable, the ECB and the national central banks should provide the competent authority with a non-bindingn opinion on the prospective issuer’s application. Opinions should be non- binding with the exception of those of the ECB and the Member States’ central banks on monetary policy enforcement and ensuring the secure handling of payments. Where authorising a prospective issuer of asset- referenced tokens, the competent authority should also approve the crypto-asset white paper produced by that entity. The authorisation by the competent authority should be valid throughout the Union and should allow the issuer of asset-referenced tokens to offer such crypto-assets in the Single Market and to seek an admission to trading on a trading platform for crypto- assets. In the same way, the crypto-asset white paper should also be valid for the entire Union, without possibility for Member States to impose additional requirements.
Amendment 146 #
2020/0265(COD)
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76a) In order to avoid dysfunctional legislation that could hinder the development of crypto-assets and proper consumer protection, when transposing this Regulation Member States should ensure that their legislation does not create legislative discrepancies between national and European legislation that could give rise to legal uncertainty.
Amendment 167 #
2020/0265(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) payment instruments with restrictions on spending under point (k) in the first paragraph of Article 3 of Directive (EU 2015/2366.
Amendment 176 #
2020/0265(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point g a (new)
Article 2 – paragraph 3 – point g a (new)
(ga) crypto-asset service providers, credit institutions and electronic money institutions, authorised under Article 2(1) of Directive 2009/110/EC, when they are operating or providing a service for the entities or persons referred to in points (a) to (g);
Amendment 177 #
2020/0265(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point g b (new)
Article 2 – paragraph 3 – point g b (new)
(gb) persons that develop and enable services for open source crypto-assets in which the inspection, modification, use or redistribution of source code is permitted;
Amendment 191 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘distributed ledger technology’ or ‘DLT’ means a type of technology that support the distributed recording of encrypted dataprotocols that enable members to agree a single source of truth through consensus mechanisms in a distributed network;
Amendment 200 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘asset-referenced token’ means a type of crypto-asset that purports to maintain a stable value by referring to the value of several fiatofficial currencies that are legal tender, one or several commodities or one or several crypto-assets, or a combination of such assets;
Amendment 208 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘electronic money token’ or ‘e- money token’ means a type of crypto-asset the main purpose of which is to be used as a means of exchange and that purports to maintain a stable value by referring to the value of a fiat currency that is legal tendern official currency;
Amendment 219 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘offeror of crypto-assets’ means a legal person who offers to the public any type of crypto-asset or seeks the admission of such crypto-assets to a trading platform for crypto-assets;
Amendment 224 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6 b (new)
Article 3 – paragraph 1 – point 6 b (new)
(6b) ‘decentralised cryptocurrencies’ means cryptocurrencies issued and exchanged in a decentralised system, where no single entity has the effective control over the transactions, including the issuance and offering of such cryptocurrencies;
Amendment 229 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘offer to the public’ means an offer made on a professional basis to third parties to acquire a crypto-asset in exchange for fiat currency or other crypto- assets;
Amendment 239 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point h a (new)
Article 3 – paragraph 1 – point 9 – point h a (new)
(ha) the exchange of crypto-assets for financial instruments
Amendment 242 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 – point h b (new)
Article 3 – paragraph 1 – point 9 – point h b (new)
(hb) the provision of a portfolio management service;
Amendment 246 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) ‘portfolio management service’ means the management, on a discretionary and tailored basis, of crypto- asset portfolios in accordance with mandates from clients;
Amendment 249 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) ‘reserve assets’ means the basket of fiat currencies that are legal tenderofficial national currencies, commodities or crypto-assets, backing the value of an asset-referenced tokens, or the investment of such assets;
Amendment 264 #
2020/0265(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 278 #
2020/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 286 #
2020/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) over a period of 12 months, the total consideration of an offer to the public of crypto-assets in the Union does not exceed EUR 18 000 000, or the equivalent amount in another currency or in crypto- assets;
Amendment 348 #
2020/0265(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Competent authorities shall not require an ex ante approval of a crypto- asset white paper, nor of any marketing communications relating to it before their publication. It shall, however, be possible for issuers of crypto-assets, other than asset-referenced tokens or e-money tokens, to ask the competent authority for ex-ante approval of a white paper. The approval of the crypto-asset white paper shall be valid throughout the Union.
Amendment 355 #
2020/0265(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point d a (new)
Article 7 – paragraph 3 – point d a (new)
(da) payment instruments with restrictions on spending under point (k) in the first paragraph of Article 3 of Directive (EU) 2015/2366;
Amendment 411 #
2020/0265(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
5. The EBA shall, in close cooperation with ESMA, develop draft implementing technical standards to establish standard forms, templates and procedures for the application for authorisation, including the standard requirements to be met by the legal opinion referred to in point (d) of paragraph 2,in order to ensure uniformity across the Union.
Amendment 434 #
2020/0265(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. The EBA, ESMA, the ECB and, where applicable, a central bank as referred to in paragraph 3 shall, within 2 months after having received the draft decision and the application file, issue a non-bindingn opinion on the application and transmit their non-binding opinions to the competent authority concerned. Opinions shall be non-binding with the exception of those of the ECB and the Member States’ central banks on the application of monetary policy and ensuring the secure handling of payments. That competent authority shall duly consider those non-binding opinions and the observations and comments of the applicant issuer. If the ECB or, where applicable, a central bank referred to in paragraph 3, issues a negative opinion due to monetary policy or payment considerations, the competent authority must refuse the application for authorisation and inform the applicant issuer of the decision.
Amendment 520 #
2020/0265(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Issuers of asset-referenced tokens that invest a part of the reserve assets shall invest those reserve assets only in highly liquid financial instruments with minimal market, concentration and credit risk. The investments shall be capable of being liquidated rapidly with minimal adverse price effect.
Amendment 524 #
2020/0265(COD)
Proposal for a regulation
Article 34 – paragraph 4 –subparagraph 1 – point c a (new)
Article 34 – paragraph 4 –subparagraph 1 – point c a (new)
(ca) liquidity requirements establishing which percentage of the reserve assets should be made up of daily maturing assets, reverse repurchase agreements which are able to be terminated by giving one working day’s prior notice or cash which is able to be withdrawn by giving one working day’s prior notice;
Amendment 526 #
2020/0265(COD)
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point c b (new)
Article 34 – paragraph 4 – subparagraph 1 – point c b (new)
(cb) liquidity requirements establishing which percentage of the reserve assets should be comprised of weekly maturing assets, reverse repurchase agreements which are able to be terminated by giving five working days’ prior notice or cash which is able to be withdrawn by giving five working days’ prior notice;
Amendment 529 #
2020/0265(COD)
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point c c (new)
Article 34 – paragraph 4 – subparagraph 1 – point c c (new)
(cc) concentration requirements preventing the issuer from investing more than a certain percentage of assets issued by a single body;
Amendment 532 #
2020/0265(COD)
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point c d (new)
Article 34 – paragraph 4 – subparagraph 1 – point c d (new)
(cd) concentration requirements preventing the issuer from keeping in custody more than a certain percentage of crypto-assets or assets with crypto-assets service providers or credit institutions belonging to the same group, as defined in Article 2(11) of Directive 2013/34/EU of the European Parliament and of the Council1a. _________________ 1aDirective 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 543 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Issuers of asset-referenced tokens shall establish, maintain and implement clear and detailed policies and procedures on the rights granted to holders of asset- referenced tokens, including any direct claim or redemption rights on the issuer of those asset-referenced tokens or on the reserve assetany direct claim or redemption rights on the reserve assets. Issuers of asset-referenced tokens shall grant the right of redemption of asset- referenced tokens, either immediately or, at the latest, within two working days.
Amendment 602 #
2020/0265(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Any natural or legal person or such persons acting in concert (the ‘proposed acquirer’), who intends to acquire, directly or indirectly, a qualifying holding in an issuer of asset-referenced tokens or to further increase, directly or indirectly, such a qualifying holding so that the proportion of the voting rights or of the capital held would reach or exceed 10 %, 20 %, 30 % or 50 %, or so that the issuer of asset- referenced tokens would become its subsidiary (the ‘proposed acquisition’), shall notify the competent authority of that issuer thereof in writing, indicating the size of the intended holding and the information required by the regulatory technical standards adopted by the Commission in accordance with Article 38(4).
Amendment 603 #
2020/0265(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Any natural or legal person who has taken a decision to dispose, directly or indirectly, of a qualifying holding in an issuer of asset-referenced tokens (the ‘proposed vendor’) shall first notify the competent authority in writing thereof, indicating the size of such holding. Such a person shall likewise notify the competent authority where it has taken a decision to reduce a qualifying holding so that the proportion of the voting rights or of the capital held would fall below 10 %, 20 %, 30 % or 50 % or so that the issuer of asset- referenced tokens would cease to be that person’s subsidiary.
Amendment 678 #
2020/0265(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. E-money tokens offered to the public in Member States or admitted to trading on a trading platform for crypto- assets may reference any global currency that is legal tender.
Amendment 689 #
2020/0265(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. Issuers of e-money tokens shall prominently state the conditions of redemption, including any fees relating thereto, in the crypto-asset white paper as referred to in Article 46. In any event, redemption shall be immediate or within no more than two working days.
Amendment 879 #
2020/0265(COD)
Proposal for a regulation
Article 61 – paragraph 9 a (new)
Article 61 – paragraph 9 a (new)
9a. Crypto-asset service providers shall comply with their obligations under Directive (EU) 2015/849 and shall put in place the necessary procedures for the effective prevention, detection and investigation of money laundering and terrorist financing in accordance with Directive (EU) 2015/849.
Amendment 882 #
2020/0265(COD)
Proposal for a regulation
Article 61 – paragraph 9 b (new)
Article 61 – paragraph 9 b (new)
9b. Crypto-asset service providers that transfer crypto-assets for payment purposes must have internal control mechanisms and effective procedures to ensure full traceability of all crypto-asset transfers within the EEA and transfers of crypto-assets from the EEA to other regions and from other regions to the EEA, in accordance with the provisions of Regulation (EU) 2015/847.
Amendment 926 #
2020/0265(COD)
8. Crypto-asset service providers that are authorised for the operation of a trading platform for crypto-assets shall complete the final settlement of a crypto-asset transaction on the DLT, in the case of crypto-asset deposit or withdrawal activities only, on the same date as the transactions has been executed on the trading platform or, in the case of transactions settled outside the DLT, on the closing day of the various related transactions.
Amendment 964 #
2020/0265(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Any natural or legal person or such persons acting in concert (the ‘proposed acquirer’), who have taken a decision either to acquire, directly or indirectly, a qualifying holding in a crypto-asset service provider or to further increase, directly or indirectly, such a qualifying holding in a crypto-asset service provider so that the proportion of the voting rights or of the capital held would reach or exceed 10 %, 20 %, 30 % or 50 % or so that the crypto- asset service provider would become its subsidiary (the ‘proposed acquisition’), shall notify the competent authority of that crypto-asset service provider thereof in writing indicating the size of the intended holding and the information required by the regulatory technical standards adopted by the Commission in accordance with Article 75(4).
Amendment 965 #
2020/0265(COD)
Proposal for a regulation
Article 74 – paragraph 2
Article 74 – paragraph 2
2. Any natural or legal person who has taken a decision to dispose, directly or indirectly, of a qualifying holding in a crypto-asset service provider (the ‘proposed vendor’) shall first notify the competent authority in writing thereof, indicating the size of such holding. Such a person shall likewise notify the competent authority where it has taken a decision to reduce a qualifying holding so that the proportion of the voting rights or of the capital held would fall below 10%, 20%, 30% or 50% or so that the crypto-asset service provider would cease to be that person’s subsidiary.
Amendment 969 #
2020/0265(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Issuers and offerors of crypto- assets shall inform the public as soon as possible of inside information which concerns them, in a manner that enables the public to access that information in an easy manner and to assess that information in a complete, correct and timely manner.
Amendment 976 #
2020/0265(COD)
2. Issuers and offerors of crypto- assets may, on their own responsibility, delay disclosure to the public of inside information provided that all of the following conditions are met:
Amendment 982 #
2020/0265(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point a
Article 77 – paragraph 2 – point a
(a) immediate disclosure is likely to prejudice the legitimate interests of the issuers or the offerors, as applicable;
Amendment 986 #
2020/0265(COD)
Proposal for a regulation
Article 77 – paragraph 2 – point c
Article 77 – paragraph 2 – point c
(c) the issuers or the offerors, as applicable, are able to ensure the confidentiality of that information.
Amendment 994 #
2020/0265(COD)
Proposal for a regulation
Article 82 – paragraph 1 – subparagraph 1 – point a
Article 82 – paragraph 1 – subparagraph 1 – point a
(a) to require crypto-asset service providers and the natural or legal persons that control them or are controlled by them, to provide information and documents; where there are reasonable grounds for believing that the information and documents provided are not in line with this Regulation, the competent authority may require crypto-asset service providers and the natural or legal persons who control them, or who are controlled by them, to amend the information and documents or to produce new ones, within one month of the request;
Amendment 995 #
2020/0265(COD)
Proposal for a regulation
Article 82 – paragraph 1 – subparagraph 1 – point b
Article 82 – paragraph 1 – subparagraph 1 – point b
(b) to require members of the management body of the crypto-asset service providers to provide information; where there are reasonable grounds for believing that the information provided is not in line with this Regulation, the competent authority may require the members of the management body of the crypto-asset service providers to amend the information and documents or to produce new ones, within one month of the request;
Amendment 1120 #
2020/0265(COD)
Proposal for a regulation
Article 122 – paragraph 1
Article 122 – paragraph 1
1. By … [3618 months after the date of entry into force of this Regulation] after consulting the EBA and ESMA, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, where appropriate accompanied by a legislative proposal.
Amendment 1142 #
2020/0265(COD)
Proposal for a regulation
Article 123 – paragraph 1
Article 123 – paragraph 1
1. By way of derogation from this Regulation and for a temporary period of six months from the entry into force of this Regulation, Articles 4 to 14 shall not apply to crypto-assets, other than asset- referenced tokens and e-money tokens, which were offered to the publicpublicly offered in the Union or admitted to trading on a trading platform for crypto-assets before [please insert date of entry into application]in the case of crypto- assets not subject to Articles 4 to 14.
Amendment 44 #
2020/0155(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Article 23 of Regulation (EU) 2017/1129 regulates the supplements to the prospectus and specifies when the right of withdrawal ends. Financial intermediaries should clearly inform their clients at least once of the possibility of a supplement being published, and where and when it would be published. When subscribing to securities within the initial subscription period, financial intermediaries should inform their clients of their right to withdraw acceptances and facilitate the procedure when investors exercise their right of withdrawal. If a supplement is published, financial intermediaries must contact their clients. The communication is made by electronic means only if requested by the client.
Amendment 52 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 12a – point b
Article 7 – paragraph 12a – point b
(2 a) in Article 7(3), the point b is replaced by the following: "(b) be written in a language and a style that facilitate the understanding of the information, in particular, in language that is clear, non-technical, concise and comprehensible for investors. If written in a different language, the summary note shall be translated in the official language used in the State where the product is distributed and the translation shall faithfully and accurately reflect the content of the original document."
Amendment 53 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
(2 b) in Article 7(4), the point c is replaced by the following: "c) all direct and indirect costs and charges borne by the retail investor that are associated with an investment product;"
Amendment 54 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 5 – subparagraph 2– point a
Article 7 – paragraph 5 – subparagraph 2– point a
(2 c) in Article 7(5), point a of the second subparagraph is replaced by the following: "(a) the summary should be a stand-alone document, clearly separated from marketing material, and shall be prepared in a common format;"
Amendment 55 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 5 –subparagraph 2 a (new)
Article 7 – paragraph 5 –subparagraph 2 a (new)
(2 d) in Article 7(5), the following subparagraph is added: "An investor who demonstrates loss resulting from reliance on the summary under the circumstances referred to in point (e) of the second subparagraph, when making an investment into a product for which that summary was produced, may claim damages for that loss in accordance with national law."
Amendment 79 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2017/1129
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where the prospectus relates to an offer of securities to the public, investors who have already agreed to purchase or subscribe for the securities before the supplement is published shall have the right, exercisable within three working days after the publication of the supplement, to withdraw their acceptances, provided that the significant new factor, material mistake or material inaccuracy referred to in paragraph 1 arose or was noted before the closing of the offer period or the delivery of the securities, whichever occurs first. The right to withdraw is exercisable within three working days after the publication of the supplement. That period may be extended by the issuer or the offeror. The final date of the right of withdrawal shall be stated in the supplement.;
Amendment 86 #
2020/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2017/1129
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Where the investors referred to in the first subparagraph of this paragraph have the right of withdrawal referred to in paragraph 2, the financial intermediary shall contact those investors within one working day after the publicatithe business day following the one ofn which the supplement has been published.;
Amendment 57 #
2020/0148(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) The objective of preventing tax evasion and avoidance could be ensured by requiring digital platform operators to report income earned through platforms at an early stage, before the national tax authorities carry out their yearly tax assessments. To facilitate the work of Member States’ tax authorities, the reported information should be exchanged within one month following the reporting. In order to facilitate the automatic exchange of information and enhance the efficient use of resources, exchanges should be carried out electronically through the existing common communication network (‘CCN’) developed by the Union. So as to avoid additional bureaucratic burdens for SMEs, digital platform operators with annual revenues below EUR 50 million globally and EUR 10 million in the EU as a whole should be able to continue to provide information to national authorities by way of the means and tools already in use under Member States’ legislation, at no additional cost.
Amendment 68 #
2020/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In accordance with Regulation [European Union Recovery Instrument] and within the limits of resources allocated therein, recovery and resilience measures under the solvency support window of the European Fund for Strategic Investments should be carried out to address the unprecedented impact of the COVID-19 crisis. Such additionalnational and regional lockdown measures in response to the COVID-19 pandemic. These resources should be used in such a way as to ensure compliance with the time limits provided for in Regulation [EURI].
Amendment 88 #
2020/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Companies supported under the Solvency Support Instrument should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in a preponderant manner in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model and not have been in difficulty in terms of the State aid framework7 already at end 2019. Support should be targeted at eligible companies operating in those Member States and sectors which are most impacted by the Covid-19 crisis and/or where the availability of State solvency support is more limited. In order to ensure its additionality (the equity financing would not have taken place to the same extent without the support of EFSI), the instrument will also take into account the disparity of equity markets in Europe. Finally, it would be legitimate not to automatically exclude companies already in difficulty, within the meaning of the State aid rules, at the end of 2019, before the start of the pandemic, which would be worse off than post-Covid-19 companies, even though this definition does not prejudge a company that is irremediably compromised. _________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1).
Amendment 94 #
2020/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Companies supported under the Solvency Support Instrument should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model and not have been in difficulty in terms of the State aid framework7 already at end 2019. Support should be targeted at eligible companies operating in those Member States and sectors which are most impacted by the Covid-19 crisis and/or where the availability of State solvency support is more limitedin terms of the effect of the lockdown measures on GDP. _________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1).
Amendment 99 #
2020/0106(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In return for the recapitalisation of the company necessary to overcome the crisis and in the interests of fairness, the directors or corporate officers of companies benefiting from the solvency support instrument will have to cap their fixed remuneration for the years 2020 and 2021 on the basis of their fixed remuneration in 2019.
Amendment 122 #
2020/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The equity funds, special purpose vehicles, investment platforms and national promotional banks and institutions should provide equity or quasi-equity (such as hybrid debt, preferred stock or convertible equity) to eligible companies, but excluding entities targeting buy-out (or replacement capital) intended for asset stripping and excluding quasi-equity and debt-financing; these investments should not be diverted to operations outside the Union.
Amendment 125 #
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 on shaping Europe’s digital future. Support to cross-border activities should also be targeted.
Amendment 134 #
2020/0106(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Financing and investment operations under the solvency support window should be decided upon until end- 20243 with at least 60 % of financing and investment operations to be decided by end-20221 to allow for a rapid reaction to the economic crisis caused by the Covid-19 pandemic.
Amendment 136 #
2020/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to be able to channel support to the European economy through the European Investment Fund (EIF),ensure a stable and sustainable economic recovery across the Union, political meddling with investment decisions should be avoided, therefore the Commission should be in a positionnot be allowed to participate in one or more possible capital increases of the EIF in order to allow it to continue supporting the European economy and its recovery. The Union should be able to maintain its overall share in the EIF capital. A sufficient financial envelope to this effect should be foreseen in the revised Multiannual Financial Framework for the current perioduropean Investment Fund (EIF). The Union should gradually and swiftly decrease its overall share in the EIF capital.
Amendment 148 #
2020/0104(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member. The challenges linked to the demographic context have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends onby the fiscal space Member States have available to takespeed of intervention and adoption of economic measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms and investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies back on a sustainable recovery path and avoid further widening of the divergences in the Union.
Amendment 160 #
2020/0104(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The implementation of reforms and investments decided by Member States contributing to achieve a high degree of resilience of domestic economies, strengthening adjustment capacity and unlocking growth potential are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
Amendment 188 #
2020/0104(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Past experiences have shown that investment is often drastically cut during crises. However, it is essential to support investment in this particular situation to speed up the recovery and strengthen long- term growth potential. Investing in green and digital technologies, innovations, capacities and manufacturing processes aimed at assisting clean energy transition, boosting energy efficiency in housing and other key sectors of the economic are important to achieve sustainable growth and help create jobs. It will also help make the Union more resilient and less dependent by diversifying key supply chains.
Amendment 197 #
2020/0104(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Currently, no instrument foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments of the Member States in response to challenges identified in the European Semester, and with a view to having a lasting impact on the productivity and resilience of the economy of the Member States.
Amendment 251 #
2020/0104(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievemThe Facility established by this regulation, by reviewing the forecasts of the European Green Deal in order to achieve an EU growth strategy, must contribute to the economic recovery resulting from the COVID-19 pandemic crisis, placing, at the centre of an overall target of 25 % of the EU budget expenditures supporting climatits objectives, the industrial growth, the economic development and the jobjectives creation.
Amendment 271 #
2020/0104(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformeconomic growth and to the job creation. They will both play a priority role in relaunching and modernising our economy.
Amendment 287 #
2020/0104(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 307 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of growth, economic development, job protection and employment as well as economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050increase of production and employment, especially of the most affected sectors, such as tourism and food supply chain, the development of infrastructures and transport, thereby restoring the growth potential of the economies of the UnionMember States in the aftermath of the crisis, fostering employment creation and to promoting sustainable growth.
Amendment 337 #
2020/0104(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitionsplan should also set out measures that are relevant for the economically sustainable growth. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union.
Amendment 402 #
2020/0104(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure the national ownership and a focus on relevant reforms and investments, Member States wishing to receive support should submit to the Commission a recovery and resilience plan that is duly reasoned and substantiated. The recovery and resilience plan should set out the detailed set of measures for its implementation, including targets and milestones, and the expected impact of the recovery and resilience plan on growth potential, job creation and economic and social resilience; it should also include measures that are relevant for the green and the digital transitions; it should also include an explanation of the consistency of the proposed recovery and resilience plan with the relevant country-specific challenges and priorities identified in the context of the European Semester. Close cooperation between the Commission and the Member States should be sought and achieved throughout the process.
Amendment 496 #
2020/0104(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) For the purpose of sound financial management, specific rules should be laid down for budget commitments, and payments, suspension, cancellation and recovery of funds. To ensure predictability, it should be possible for Member States to submit requests for payments on a biannual basis. Payments should be made in instalments and be based on a positive assessment by the Commission of the implementation of the recovery and resilience plan by the Member State. Suspension and cancellation of the financial contribution should be possible when the recovery and resilience plan has not been implemented in a satisfactory manner by the Member State. Appropriate contradictory procedures should be established to ensure that the decision by the Commission in relation to suspension, cancellation and recovery of amounts paid respects the right of Member States to provide observations.
Amendment 1096 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 1212 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1219 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within fourtwo months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
Amendment 1291 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Where the Commission gives a negative assessment to a recovery and resilience plan, it shall communicate a duly justified assessment within fourtwo months of the submission of the proposal by the Member State.
Amendment 1327 #
2020/0104(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Member State concerned do not justify an amendment of the relevant recovery and resilience plan, it shall reject the request within fourtwo months of its official submission, after having given the Member State concerned the possibility to present its observations within a period of onetwo month of the communication of the Commission's conclusions.
Amendment 1394 #
2020/0104(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 1415 #
2020/0104(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 1511 #
2020/0104(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Articles 107, 108 and 109 TFEU shall not apply to the funding of the resources provided by Article 5.
Amendment 1512 #
2020/0104(COD)
Proposal for a regulation
Article 26 b (new)
Article 26 b (new)
Article 26 b For the purpose of this Regulation, when State aids rules apply, the maximum aid intensity rates for investments made by SMEs and large enterprises referred to Regulation 702/2014 and in the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 can be increased by 20%, provided that the maximum combined aid does not exceed 90%.
Amendment 35 #
2020/0100(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards an allegedly new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve climate neutrality in the Union by 2050 in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challengetransition towards a climate-neutral economy while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
Amendment 63 #
2020/0100(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smalocal public transport, waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re- skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climathe transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used towards a climate-neutral economy.
Amendment 127 #
2020/0100(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The objective of this Regulation, namely to leverage public investment in territories, most impacted by the transition towards climate neutrality by addressing the corresponding development needs, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are the difficulties for public entities to support investments, which do not generate sufficient streams of own revenues and benefit the territories most negatively impacted by climathe transition, without EU grant support towards a climate-neutral economy, due to the EU's restrictive economic and budgetary policies and the need for a coherent implementation framework under direct management. Since those objectives can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 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 that objective,
Amendment 283 #
Amendment 284 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 6 – point 6.3
Annex II – point 6 – point 6.3
6.3 Public utilities (water, wastewater, district heating, energy, waste management, local transport)
Amendment 288 #
Amendment 290 #
2020/0100(COD)
Proposal for a regulation
Annex II – point 7
Annex II – point 7
7. GPolluting and greenhouse gas emission reduced
Amendment 107 #
2020/0066(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/876
Article 3 – paragraph 3a – point a
Article 3 – paragraph 3a – point a
(a) point (59), as regards the provisions on the treatment of certain loans granted by credit institutions to pensioners or employees laid down in Article 123 of Regulation (EU) No 575/2013, with a risk weight reduced to 30% which shall be used temporarily until [date of entry into force of this amending Regulation + 7 years];
Amendment 108 #
2020/0066(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/876
Article 3 – paragraph 3a – point b
Article 3 – paragraph 3a – point b
(b) point (133), as regards the provisions on adjustment of risk-weighted non-defaulted SME exposures laid down in Article 501 of Regulation (EU) No 575/2013;, with the following formula which shall be used temporarily until [date of entry into force of this amending Regulation + 7 years]:
Amendment 109 #
2020/0066(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/876
Article 3 – paragraph 3a – point c
Article 3 – paragraph 3a – point c
(c) point (134), as regards the adjustment to own funds requirements for credit risk for exposures to entities that operate or finance physical structures or facilities, systems and networks that provide or support essential public services laid down in Article 501a of Regulation (EU) No 575/2013 , with a decrease of own funds requirements for credit risk calculated in accordance with Title II of Part III multiplied by a factor of 0,60, which shall be used temporarily until [date of entry into force of this amending Regulation + 7 years].;
Amendment 152 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) State aid rules should be applied flexibly in eligible regions in transition, so as to facilitate private investment. In facilitating investments, problems of structural change in eligible regions should be taken into account in order to ensure that they have sufficient flexibility to carry out their projects in a socially and economically sustainable way.
Amendment 156 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
Amendment 176 #
2020/0006(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 181 #
2020/0006(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The objectives of this Regulation, namely to support territories facing economic and social transformation in their sustainable transition to a climate-neutral economy, cannot be also sufficiently achieved by the Member States alone. The main reasons in this regard are, on the one hand, the disparities between the levels of development of the various territories and the backwardness of the least favoured territories, as well as the limit on the financial resources of the Member States and territories and, on the other hand, the need for a coherent implementation framework covering several Union funds under shared management, through regional banks to be decisive tools for financing a just ecological transition according to regional preferences and peculiarities. Since those objectives can better be achieved also at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 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 217 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 223 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
Article 3 – paragraph 2 – subparagraph 3
0.3520% of the amount referred to in the first subparagraph shall be allocated to technical assistance, including preliminary planning, at the initiative of the Commission. .
Amendment 229 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. By way of derogation from Article [21a] of Regulation (EU) [new CPR], any additional resources referred to in paragraph 2, allocated to the JTF in the Union budget or provided by other resources shall not require complementary support from the ERDF or the ESF+ or other funds allocation programs provided by the European Union.
Amendment 243 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in microenterprises and SMEs, including start-ups, leading to economic diversification and reconversion;
Amendment 306 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers, especially of women and disabled people;
Amendment 310 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k
Article 4 – paragraph 2 – subparagraph 1 – point k
(k) technical assistance, including preliminary planning.
Amendment 321 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEU, productive investments in enterprises other than microenterprises and SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
Amendment 337 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 367 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
Amendment 23 #
2019/2975(RSP)
Citation 5
— having regard to the Concluding Observations of the UN Committee on the Rights of Persons with Disabilities (UNCRPD Committee) of 2 October 2015 on the initial report of the European Union, including those on the European Union institutions’ compliance with the Convention as public administrations,
Amendment 54 #
2019/2975(RSP)
Citation 26 a (new)
- having regard to the exploratory opinion of the European Economic and Social Committee requested by the European Parliament on the situation of women with disabilities,
Amendment 57 #
2019/2975(RSP)
Citation 26 b (new)
- having regard to the European Ombudsman’s strategic inquiries into how the European Commission ensures that persons with disabilities can access its websites (OI/6/2017/EA), how the European Commission treats persons with disabilities under the Joint Sickness Insurance Scheme for EU staff(OI/4/2016/EA), and the Decision in the joint inquiry in cases 1337/2017/EA and1338/2017/EA on the accessibility for visually impaired candidates of selection procedures to recruit EU civil servants, organised by the European Personnel Selection Office,
Amendment 108 #
2019/2975(RSP)
Recital G a (new)
G a. whereas there is no mutual recognition of disability status between EU Member States, leading to difficulties for people with disabilities and their national disability cards might not be recognised in other Member States;
Amendment 114 #
2019/2975(RSP)
Recital G b (new)
G b. whereas the EU Disability card is a pilot project launched in February 2016 in a group of 8 Member States;
Amendment 115 #
2019/2975(RSP)
Recital G c (new)
G c. whereas the family members of persons with disabilities suffer from discrimination by association and measures supporting families will in turn have a positive impact on the full and equal realisation of the rights of persons with disabilities;
Amendment 117 #
2019/2975(RSP)
Recital G d (new)
G d. whereas the EU Disability Strategy 2010-2020 failed to include and address the specific situation of women and girls with disabilities, who constitute an important group of women facing discrimination and other violations of their rights;
Amendment 143 #
2019/2975(RSP)
Paragraph 1
1. Acknowledges the advancement in the implementation of the UNCRPD brought about by the European Disability Strategy 2010-2020; calls on the Commission to continue the work by building upon and integrating what has been achieved and by upscaling the present Strategyits commitment to the rights of persons with disabilities through a European Disability Rights Agenda 2020-2030;
Amendment 236 #
2019/2975(RSP)
Paragraph 3 a (new)
3 a. Calls for the post 2020 Strategy to set out an interinstitutional structure to oversee its implementation; urges that Disability Focal Points be present in all Commission Directorates General and agencies and in all EU institutions, with the central Focal Point located within the Commission’s General Secretariat; stresses that an interinstitutional mechanism exist to ensure collaboration between the Commission, the Parliament and the Council, with their respective Presidents meeting at the start of each mandate;
Amendment 246 #
2019/2975(RSP)
Paragraph 3 b (new)
3 b. Calls on the Member States to combat the multiple forms of discrimination faced in particular by women and girls with disabilities;
Amendment 286 #
2019/2975(RSP)
Paragraph 6 a (new)
Amendment 288 #
2019/2975(RSP)
Paragraph 6 b (new)
6 b. Calls on the Commission to propose an EU Charter of Fundamental Rights for Persons with Disabilities in order to establish common standards and rights (civil, political, economic and social) for persons with disabilities and to ensure their respect and recognition across all EU Member States;
Amendment 306 #
2019/2975(RSP)
Paragraph 7 a (new)
7 a. Calls on the Commission to properly and quickly assess the EU disability card project in order to consider the possible wider implementation in all the EU countries;
Amendment 311 #
2019/2975(RSP)
Paragraph 7 b (new)
7 b. Calls on the Commission to ensure access to jobs and training for people with disabilities within the EU institutions;
Amendment 333 #
2019/2975(RSP)
Paragraph 8 a (new)
8 a. Highlights the key role of carer family members, who often fulfil the care and assistance needs of the persons with disabilities; in this regards stresses the need for EU and national policies and strategies to strongly support family members and carers;
Amendment 369 #
2019/2975(RSP)
Paragraph 9 a (new)
9 a. Points out that EU funds should never finance inaccessible products, services or infrastructure; encourages Member States to guarantee full mobility for people with disabilities also by removing architectural barriers which prevent people with disabilities from moving freely;
Amendment 377 #
2019/2975(RSP)
Paragraph 9 b (new)
9 b. Underlines that accessibility must be included as pre-condition in any EU initiative concerning new technologies and research, and the EU should act on ensuring availability and affordability of assistive technology;
Amendment 380 #
2019/2975(RSP)
Paragraph 9 c (new)
9 c. Highlights that people with disabilities often have high skills and qualifications that are not valued, which prevents them from the self-realization and the society from the social and economic value of their inclusion.
Amendment 397 #
2019/2975(RSP)
Paragraph 10 a (new)
10 a. Calls on the Member States to take all necessary measures in order to support persons with disabilities into education, traineeships, employment and job placements, respecting the principle of equal treatment;
Amendment 400 #
2019/2975(RSP)
Paragraph 10 b (new)
10 b. Calls on the European Commission to ensure that the European Disability Rights Agenda 2020-2030 includes the end of violence against persons with disabilities as one of its main objectives, paying particular attention to gender-based violence, including forced sterilisation, forced institutionalisation, forced treatment and violence;
Amendment 445 #
2019/2975(RSP)
Paragraph 12 a (new)
12 a. Calls on all Member States to develop their own national disability strategies for promoting disability equality mainstreaming and address the implementation of the UN CRPD;
Amendment 41 #
2019/2190(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products needed to tackle the emergency is the highest, especially for medical and protective equipment, including and in particular products from outside the EU; calls, therefore, on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
Amendment 56 #
2019/2190(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, whileensuring coherence among all the different initiatives and avoiding duplicating legislation;
Amendment 91 #
2019/2190(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to micro and SMEs to reduce the burden such measures can create;
Amendment 107 #
2019/2190(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effective checks on high-risk AI products to ensure trust and product safety;
Amendment 113 #
2019/2190(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages economic operatomerging technologies' providers to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle;
Amendment 119 #
2019/2190(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including 5G, in order to improve the safety of connected products while keeping citizens' health as the greater good;
Amendment 135 #
2019/2190(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification schemes for AI, IoT and robotics products, and to assess whether to create mandatory certification schemes for specific consumer products that can be quickly updated to adapt to current risks without hindering innovation;
Amendment 153 #
2019/2190(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including particular at cross-border level, improve the efficiency and effectiveness of checks, especially where freight traffic is high such as in ports, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, track their origin and prevent and stop their circulation in the internal market;
Amendment 178 #
2019/2190(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls on their quality, origin and compliance to the EU regulatory framework; calls on market surveillance authorities to undertake adequate checks on these products and to keep the ICSMS system updated;
Amendment 199 #
2019/2190(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to improve and increase, at European and international level, cooperation between consumer protection, market surveillance and customs authorities so as to enable the swift transfer of information on unsafe products;
Amendment 244 #
2019/2190(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products and to block misleading advertisements of these products;
Amendment 248 #
2019/2190(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on Member States to improve the connection and interaction between existing national and European public databases of illegal and unsafe products;
Amendment 261 #
2019/2190(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that traceability along the supply chain is key to improving the safety and quality of products, since clear and reliable information on products empowers consumers, including persons with disabilities, to make informed choices, and allows market surveillance authorities to carry out their activities; asks the Commission to update the rules for the traceability requirements of non- harmonised products accordingly;
Amendment 264 #
2019/2190(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses that the lack of EU mandatory rules on origin labelling of products and their main components generates uncertainty to consumers who are often misled by the packaging itself; points out that an EU effective and binding traceability system would ensure a higher level of consumer safety for all products placed on the EU market;
Amendment 30 #
2019/2131(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the advancing challenge of competition with a deeply subsidised big economy like the Chinese one submits a necessary revaluation of EU economy model;
Amendment 38 #
2019/2131(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to develop the influence of competition policy in the world, in particular by stepping up cooperation with the USA and China and by adopting measures to strengthen EU companies facing non Eu competitors;
Amendment 59 #
2019/2131(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure reciprocity with third countries in public procurement and, in investment policy and in free trade agreements in order to secure the respect of EU standards in public health, labour rights and environment;
Amendment 70 #
2019/2131(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure the balanced application of State aid control to European operators in order to avoid asymmetries with their foreign competitors, who are not subject to it, and to provide express exemptions to State aid constraints for specific areas, such as islands, in consideration of their structural competitive disadvantage, or for regions interested by decreasing population;
Amendment 113 #
2019/2131(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for the recognition of a golden share to the EU Member States, to allow them to secure important strategic national assets;
Amendment 154 #
2019/2131(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls on the Commission and the Member States to adopt appropriate measures to facilitate start-ups and SMEs' access to private and public funding for their business and growth;
Amendment 164 #
2019/2131(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that some entities, benefiting from dual status as both platforms and suppliers, abuse their position to impose unfair terms on competitors; calls on the Commission to penalise them;
Amendment 168 #
2019/2131(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to suggest solutions to prevent and prohibit the simultaneous ownership of complementary platforms by the same players;
Amendment 197 #
2019/2131(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Commission to increase freedom of choice for consumers and to set up a European consumer protection authorityby promoting tools that ensure the biggest transparency about the composition of products that impact on the consumers' health, in order to secure conscious choices and consumption;
Amendment 280 #
2019/2131(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to fully mobilise the state aid modernisation strategy, in particular for the energy transition and to fix the infrastructural gaps between regions which affect negatively on competitiveness;
Amendment 159 #
2019/2130(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need for the protection of financial stability also to be based on a thorough analysis of the risks associated with complex derivatives (Level 3) on banks’ balance sheets, in order to identify uniform parameters which limit discretionary, heterogeneous and self- referential assessments;
Amendment 4 #
2019/2028(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the 2020 budget to contribute to the fulfilment of the priorities outlinexpected inby the European Semestercitizens, namely to deliver high-quality investment and reforms that increase productivity growth,facilitate growth in lagging countinuing to ensure macro-financial stability and sound public finries, targeting to reduce asymmetric budget imbalances, and deepening the Single Market, as well as mong Member States; believes that the 2020 budget should be more efficient, transparent, performance- based, withe completion of the Economic and Monetary Union (EMU)ncrete reductions in administrative expenditures and waste of money;
Amendment 17 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 35 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for adequate resources for the European Supervisory Authorities (ESAs) in view of their new tasks; uUnderlines that the ESAs should continue to increase their efficiency without compromising on the quality of their work with a focus on continuous re- assessment of working methods and of effective use of human and financial resources; emphasises that the ESAs must stick to the tasks and to the mandate assigned to them by the European legislator;
Amendment 24 #
2019/0161(COD)
Draft legislative resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Rejects the Commission proposal (COM(2019)0354).
Amendment 30 #
2019/0161(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Since it was established, the euro area has comprised Member States with widely differing approaches to economic, fiscal and social matters, a state of affairs which has seriously undermined its effectiveness. Those differences are forcing the European Union to adopt legislative acts which encroach on the national sovereignty of its Member States, one example being this budgetary instrument for convergence and competitiveness.
Amendment 41 #
2019/0161(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 48 #
2019/0161(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In the context of the European Semester, country-specific recommendations are put forward in order to remedy macroeconomic imbalances in the European Union. On no account should it be mandatory to incorporate these recommendations – which concern matters falling within the Member States’ sphere of competence – into national policy-making.
Amendment 54 #
2019/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) On an annual basis, the Council should set out strategic orientations on the reform and investment priorities for the euro area, as part of the recommendation on the economic policy of the euro area. The strategic orientations should be adopted by the Council acting by qualified majorunanimity on a recommendation from the Commission, and after the Eurogroup has discussed the reforms and investment priorities that it considers relevant and appropriate for inclusion therein. The annual Euro Summit will play its role.
Amendment 66 #
2019/0161(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure that strategic orientations reflect the evolving experience of the implementation of the budgetary instrument for convergence and competitiveness, the Commission should, alongside its recommendation on the strategic orientations, as part of its recommendation on the economic policy of the euro area, inform the Council and the European Parliament of how the strategic orientations have been followed during the preceding years.
Amendment 74 #
2019/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 79 #
2019/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Council Recommendation providing country-specific guidance on the objectives of reforms and investment in Member States whose currency is the euro, adopted by qualified majorunanimity, should be based on a Commission recommendation. This process should be without prejudice to the voluntary nature of participation of Member States whose currency is the euro in the budgetary instrument for convergence and competitiveness, and without prejudice to the Commission’s prerogatives as regards its implementation.
Amendment 87 #
2019/0161(COD)
(9) On the basis of an assessment by the Commission or based on request by a Member State, the Council, shall establish which Member States are experiencing a severe economic downturn for the purpose of a modulation of national co-financing rates provided for in Regulation (EU) XXXX/XX [Reform Support Programme Regulation], and without prejudice to the application of Article 2(2) of Council Regulation (EC) 1467/97 as amended.
Amendment 94 #
2019/0161(COD)
(10) In order to enhance the dialogue between the Union institutions, in particular between the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability in that economic dialogue, the competent committee of the European Parliament can invite the President of the Council, the Commission and, where appropriate, the President of the Eurogroup to appear before the committee to discuss the measures taken pursuant to this Regulation. The competent committee may draw up a report assessing the effectiveness, efficiency, consistency and relevance of the measures taken.
Amendment 131 #
2019/0161(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. On a recommendation from the Commission and aAfter discussion in the Eurogroup, the Council shall establish, as part of the euro-area recommendation and on an annual basis, the strategic orientations for the reform and investment priorities of the euro area.
Amendment 143 #
2019/0161(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In parallel to its recommendation referred to in paragraph 1, the Commission shall inform the Council and the European Parliament on how the strategic orientations of the preceding years have been followed by the Member States.
Amendment 147 #
2019/0161(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 160 #
2019/0161(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Where relevant, based on an assessment by the Commission or based on request by a Member State, the recommendation referred to in paragraph 1 of Article 5 shall establish whether a Member State is experiencing a severe economic downturn, for the purposes of a modulation of national co-financing rates provided for in Regulation (EU) XXXX/XX [Reform Support Programme Regulation].
Amendment 171 #
2019/0161(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the Eurogroup to appear before the committee to discuss the measures taken pursuant to this Regulation. The competent committee may draw up a report assessing the effectiveness, efficiency, consistency and relevance of the measures taken.
Amendment 176 #
2019/0161(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 31 December 20232 and every four years thereafter, the Commission shall publish a report on the application of this Regulation. That report shall assess the effectiveness and the proportionality of this Regulation.
Amendment 177 #
2019/0161(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall send the report to the European Parliament and to the Council.Council and to the European Parliament, where it shall answer to the scrutiny of the Regulation by the competent committee of the European Parliament ;
Amendment 261 #
2018/0063A(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Directive relates to non-performing credit agreements and lays down a common framework and requirements for:
Amendment 264 #
2018/0063A(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) credit servicers acting on behalf of a credit institution or a credit purchaser in respect of a non-performing credit agreement issued by a credit institution or by its subsidiariesestablished in the Union;
Amendment 266 #
2018/0063A(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) credit purchasers of a non- performing credit agreement issued by a credit institution or by its subsidiariesestablished in the Union;
Amendment 268 #
2018/0063A(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 273 #
2018/0063A(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Creditors shall not be allowed to transfer to third parties performing credit agreements concluded with consumers.
Amendment 278 #
2018/0063A(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall not apply to consumer non-performing credit agreements. Creditors shall not be allowed to transfer to third parties performing credit agreements concluded with consumers.
Amendment 293 #
2018/0063A(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) 'borrower' means a legal or natural person, other than a consumer, who has concluded a credit agreement with a creditor;
Amendment 363 #
2018/0063A(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that a credit servicer having obtained an authorisation in accordance with Article 5 in a home Member State has the right to provide in the Union those services that are covered by that authorisation, without prejudice to national laws for borrowers’ rights.
Amendment 371 #
2018/0063A(COD)
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. A credit servicer shall follow the host Member State rules for debt collection activities, regardless of where its headquarters are located in the EU.
Amendment 398 #
2018/0063A(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. EBA shall develop draft implementing technical standardGuidelines that specify the formats tohat may be used by creditors who are credit institutions for the provision of information as set out in Article 13(1), in order to provide detailed information on their credit exposures in the banking book to credit purchasers for the screening, financial due diligence and valuation of the credit agreement or creditor’s rights. EBA shall specify in the draft Guidelines the required minimum data fields for non-performing credit agreements or creditor’s rights in order to meet the information requirements as set out in Article 13(1).
Amendment 401 #
2018/0063A(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 402 #
2018/0063A(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3