Activities of Francesca DONATO
Plenary speeches (48)
Presentation by the Council of its position on the draft general budget - 2020 financial year (debate)
EU response to extreme meteorological events and their impacts: how to protect European urban areas and their cultural heritage (debate)
Conclusions of the extraordinary European Council meeting of 23 April 2020 - New MFF, own resources and Recovery plan (debate)
The 2019 Human Rights Annual report - Stability and Security in the Mediterranean and the negative role of Turkey - Situation in Belarus (debate)
Economic policies of the euro area 2020 - Employment and social policies of the euro area 2020 (debate)
Additional resources in the context of the COVID-19 pandemic: REACT-EU (debate)
European Central Bank – annual report 2020 (debate)
Reforming the EU policy framework to stop tax avoidance in the EU after the OpenLux revelations (continuation of debate)
Saving the summer tourism season - EU support to the hospitality sector (debate)
Just Transition Fund (debate)
Business Taxation (continuation of debate)
Common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund, the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy 2021-2027 – European Regional Development Fund (ERDF) and Cohesion Fund 2021-2027 – Specific provisions for the European territorial cooperation goal (Interreg) supported by the European Regional Development Fund (ERDF) and external financing instruments 2021-2027 (debate)
Connecting Europe Facility - Streamlining measures for the realisation of the TEN-T - Railway safety and signalling: Assessing the state of play of the ERTMS deployment (debate)
The Rule of law crisis in Poland and the primacy of EU law (debate)
The EU's role in combating the COVID-19 pandemic: how to vaccinate the world (topical debate)
Preparation of the European Council meeting of 16-17 December 2021 - The EU's response to the global resurgence of Covid-19 and the new emerging Covid variants (debate)
Debate with the Prime Minister of Estonia, Kaja Kallas - The EU's role in a changing world and the security situation of Europe following the Russian aggression and invasion of Ukraine (debate)
Conclusions of the European Council meeting of 24-25 March 2022: including the latest developments of the war against Ukraine and the EU sanctions against Russia and their implementation (debate)
The fight against impunity for war crimes in Ukraine (debate)
Preparation of the European Council meeting of 23-24 June 2022, including the meeting with Western Balkan leaders on 23 June - Candidate status of Ukraine, the Republic of Moldova and Georgia (debate)
The relations of the Russian government and diplomatic network with parties of extremist, populist, anti-European and certain other European political parties in the context of the war (debate)
Situation of fundamental rights in the EU in 2020 and 2021 (debate)
Russia’s escalation of its war of aggression against Ukraine (debate)
Order of business
Preparation of the European Council meeting of 20-21 October 2022 (debate)
Presentation of the Court of Auditors' annual report 2021 (debate)
Conclusions of the European Council meeting of 20-21 October 2022 (debate)
Amending Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 - Amending Regulation (EU, Euratom) 2018/1046 as regards the establishment of a diversified funding strategy as a general borrowing method - 'Macro-Financial Assistance+' instrument for providing support to Ukraine for 2023 (debate)
Renewable Energy, Energy Performance of Buildings and Energy Efficiency Directives: amendments (REPowerEU) (continuation of debate)
Suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions (debate) (debate)
Activities of the European Ombudsman - annual report 2021 (debate)
Data Act (debate)
Conclusions of the European Council meeting of 23-24 March 2023 (debate)
Children forcibly deported from Ukraine and the ICC arrest warrant for Vladimir Putin (debate)
Revision of the Stability and Growth Pact (debate)
Artificial Intelligence Act (debate)
COVID-19 pandemic: lessons learned and recommendations for the future (debate)
Conclusions of the European Council meeting of 29-30 June 2023, in particular the recent developments in the war against Ukraine and in Russia (debate)
Parliamentarism, European citizenship and democracy (debate)
Effectiveness of the EU sanctions on Russia (debate)
The despicable terrorist attacks by Hamas against Israel, Israel’s right to defend itself in line with humanitarian and international law and the humanitarian situation in Gaza (debate)
Outcome of the EU-US summit (debate)
Packaging and packaging waste (debate)
Extending the list of EU crimes to hate speech and hate crime (debate)
Conclusions of the European Council meetings, in particular the special European Council meeting of 1 February 2024 (debate)
EU2040 climate target (debate)
Strengthening European Defence in a volatile geopolitical landscape - Implementation of the common foreign and security policy – annual report 2023 - Implementation of the common security and defence policy – annual report 2023 (joint debate - European security and defence)
Union code relating to medicinal products for human use - Union procedures for the authorisation and supervision of medicinal products for human use and rules governing the European Medicines Agency (joint debate - Pharmaceutical package)
Shadow reports (8)
REPORT on competition policy – annual report 2019
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Just Transition Fund
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards exceptional additional resources and implementing arrangements under the Investment for growth and jobs goal to provide assistance for fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy (REACT-EU)
REPORT on economic policies of the euro area 2020
REPORT on reversing demographic trends in EU regions using cohesion policy instruments
REPORT on digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the European Regional Development Fund and on the Cohesion Fund
Shadow opinions (8)
OPINION on the draft general budget of the European Union for the financial year 2020
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021
OPINION on the recommendations on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)
OPINION on the general budget of the European Union for the financial year 2021
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a Recovery and Resilience Facility
OPINION on cohesion policy and regional environment strategies in the fight against climate change
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC
Institutional motions (1)
MOTION FOR A RESOLUTION Situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
Oral questions (6)
Stoking fears of using cash is fake news
Putting forward an EU Strategy for Demography
Catastrophic floods in Europe in summer 2021
Alleged conflicts of interest and influence-trafficking by judges of the Court of Justice of the European Union and the Commission
Right of access to documents under Article 42 of the Charter of Fundamental Rights and redacted contracts with vaccine manufacturers
The case of Dentsu Tracking and the Commission’s lack of transparency with regard to the tobacco industry
Written questions (104)
Uncontrolled proliferation of the brown marmorated stink bug (Halyomorpha halys) affecting crops in northern Italy
Requested deployment of emergency team and possible inspections in response to damage caused by brown marmorated stink bug (Halyomorpha Halys) in southern Italy
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
Human rights violations in Bahrain
Rescue of the Banca Popolare di Bari
Failure to suspend the zero-duty import regime for rice from Cambodia
Consultation of Parliament on future decisions concerning the multiannual plan for small pelagic fisheries in the Adriatic Sea
Foibe massacres – importance of European remembrance and the need to preserve it
Hazards of magnetic fields from mobile phones and other electronic devices
EU commitment to remembering the Vajont disaster
Impact of plastic tax and sugar tax on employment and European competitiveness
Suspension of flights to and from Italy following coronavirus cases
Requests for a ‘coronavirus free’ stamp on Italian food products
Amendments to the ESM system: Suspension of the ratification procedure
Violence against women on the rise in Pakistan
Blackmailing demands by Turkey
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
Reshaping the EU-China relations framework
Revision of European food strategies in view of the COVID-19 emergency
Checking and punishing producers of unsuitable PPE medical devices, and the coordinating role of the Commission
Migrants landing in Sicily
Impact of coronavirus in relation to the front of packaging and the packaging of foodstuffs
Attention for medical staff in the planning of measures against pandemics
Coronavirus - state aid and distortion of competition
The expression ‘European sovereignty’
Possible distortions of competition in the German banking system
Imports of fake honey from China
New rules for the car distribution sector: concern about risk of distortion causing possible harm to both SMEs and consumers
European Banking Authority Guidelines on Loan Origination and Monitoring
Lack of a full impact assessment at the regulatory stage of the European Fund for Sustainable Development
Detention of 18 Sicilian fishermen by Haftar’s militia in Libya
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
Turkish influence over the Libyan coast guard
Defending the European way of life
The detention of Nasibe Semsai and Turkey’s migration policies towards totalitarian regimes
Declassification of the content of the agreement signed with the pharmaceutical company AstraZeneca
Immediate release of Iranian lawyer Nasrin Sotoudeh
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
Effects of the lockdown on young people
COVID-19 immunity
Measures to protect children on the internet
Bride market in Bulgaria
Proposal concerning a European plan to combat cancer is likely to penalise ‘Made in Italy’ products
COVID-19 and the impact of cyber-addiction on young people
Further restrictions on the free movement of commercial vehicles in transit through Austria and Germany
Protection of Italian balsamic vinegar label
COVID treatments and care in the home
Company bankruptcies caused by the coronavirus
Rejection of Commission appeal in the Tercas case
Adverse reactions from COVID vaccination
EU COVID-19 risk management compensation fund
Pharmacovigilance strategy concerning the AstraZeneca vaccine and recent statements by the National Institute of Allergy and Infectious Diseases (NIAID)
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
Censorship by Facebook
Increase in raw materials prices and its impact on European industry
Authorisation of COVID-19 vaccines for young people aged 12-15
Rise in arrivals of irregular migrants in Italy and resumption of negotiations on the Malta agreements
Impact of the COVID-19 pandemic on increasing self-harm attempts among young people in the EU
Crisis in the building sector
Sodium nitrite
Accusations of corruption concerning Ms Kyriakides
China’s data collection is a global threat
Withdrawal of vaccine authorisation
Post-COVID vaccine deaths
Proportionality of the COVID‑19 restrictions in Austria and Latvia
COVID-19 vaccines and spread of infection
Vaccines and the pandemic
Use of molnupiravir and remdesivir
Latvian Parliament votes to suspend unvaccinated Members of Parliament
Precautionary principle and vaccinations
Online public consultation on the extension of the EU Digital COVID Certificate
Data protection and subcutaneous microchip implants
Vaccination of children
English’s status as an official language despite not having been requested by a Member State
Purchase of COVID-19 vaccines
Alarm raised by EMA about a new pandemic wave
Ability of TikTok staff in China to access EU citizens’ data
Potential conflict of interest of the Commission President
Health protection and 5G
Online sale of dog and cat poisons
Reducing forced labour and child labour in EU supply chains by 2025
Representation of Qatar in Brussels in view of the corruption scandal in which the country is embroiled
Current state of the fight against endometriosis in the EU
Violation of the rule of law in the occupied Palestinian territories
Transfer of airport slots from Alitalia to ITA: failure to reallocate staff and denial of access to documents
Recognition of qualifications in the EU and mobility of citizens
The uncontrolled and unjustified increase in the cost of bottled water in both European cities and airports
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
Withdraw the marketing authorisations for the Comirnaty and Spikevax vaccines
Suspension of COVID-19 vaccination campaigns
Late disbursement of the final tranche of funding for Erasmus+ and ESC projects implemented by the Italian Youth Agency
‘Misinformation’ and ‘disinformation’ in the pandemic treaty
Individual motions (10)
MOTION FOR A RESOLUTION on safeguarding free democratic debate on social media
MOTION FOR A RESOLUTION on establishing a Europe-wide ‘Remembrance Day’ to commemorate the victims of the foibe massacres
MOTION FOR A RESOLUTION on the organisation of events to commemorate, across Europe, the 700th anniversary of the death of Dante Alighieri
MOTION FOR A RESOLUTION on the EU Digital COVID Certificate
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 the violation of rights in Italy
Motion for a resolution on the EU Digital COVID Certificate
MOTION FOR A RESOLUTION on creating a European compensation fund for victims of the COVID-19 vaccines: – Comirnaty (Pfizer, BioNTech) – Janssen COVID-19 vaccine – Spikevax (Moderna vaccine) – Vaxzevria (AstraZeneca vaccine)
MOTION FOR A RESOLUTION Motion for a resolution on fundamental rights in the digital decade
MOTION FOR A RESOLUTION on the lifting of sanctions on Syria for humanitarian purposes
Unknown (1)
PROPOSAL FOR A UNION ACT on the establishment of an independent authority to investigate the side effects of COVID-19 vaccines
Amendments (1538)
Amendment 2 #
2023/2184(INL)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to European Food Safety Authority's Policy on independence,
Amendment 3 #
2023/2184(INL)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the European Parliament resolution of 12 July 2023 on the COVID-19 pandemic: lessons learned and recommendations for the future (2022/2076(INI)),
Amendment 8 #
2023/2184(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the freedom and independence of scientific research is one of theare the main constituent parts of academic freedom and isare under pressure in the Union2 ; _________________ 2 STOA study: State of play of academic freedom in the EU member states: Overview of de facto trends and developments
Amendment 15 #
2023/2184(INL)
Motion for a resolution
Recital C
Recital C
C. whereas the Bonn Declaration includes a definition of the freedom of scientific research, expressing reference to the need to safeguard its integrity and independence, as well as a recognition of the responsibilities for both governments and research organisations to promote the freedom of scientific research, integrity and independence;
Amendment 19 #
2023/2184(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the Bonn Declaration includes in the definition of freedom of scientific research the right to critical debate, the protection of plurality of voices, the ‘right to freely define questions, choose and develop theories, collect empirical material and use sound academic research methods to challenge recognised knowledge and advance new ideas’; the “right to share, disseminate and publish its results openly, including through training and teaching”; “the freedom of researchers to express their views without being penalised by the system in which they work or by government or government censorship or discrimination”;
Amendment 20 #
2023/2184(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. Whereas protecting the freedom of research necessarily implies the need to safeguard the integrity and responsibility of researchers and ethical limits to research, through the inclusion of transparent, fair and excellence based procedures for academic progress and the competitive allocation of funding, including by creating rules, incentives and reward mechanisms that promote the independence, integrity and transparency of research, as well as providing support and guidance for researchers’ professional development;
Amendment 22 #
2023/2184(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas any restriction on the freedom of scientific research must be compatible with its nature and its possible impact, with careful assessment of any risks, while respecting the rule of law procedures, and whereas the exercise of scientists’ freedom of scientific research must take into account the rights of the community, in particular fundamental human rights;
Amendment 23 #
2023/2184(INL)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. Whereas European Parliament Resolution 2022/2076 calls for further investment in research and development activities geared towards achieving public interest objectives (Article 296) and ‘calls on the Commission to use industrial, intellectual property and pharmaceutical strategies to encourage public funding for research and development projects in order to comply with the principle of open science and to close the persistent gap in research and production of medicines through partnerships, technology transfer and the creation of open research centres’ (Article 590);
Amendment 24 #
2023/2184(INL)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. Whereas, according to the widely prevailing opinion in the international scientific community following numerous peer review studies proving it, the COVID-19 pandemic probably originated from a laboratory leak of the Sars-Cov2 virus, of a synthetic nature, obtained through functional research, which clearly demonstrates the enormous danger posed by this type of research, from war/military purposes, which has already been banned in several countries precisely because of the unacceptable risks to public health in the event of accidents;
Amendment 29 #
2023/2184(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Acknowledges the fundamental importance of freedom, integrity and independence of scientific research in promoting innovation, progress, and wellbeing in the Union;
Amendment 40 #
2023/2184(INL)
2. Is concerned about the recent backsliding of thisese fundamentals rights/obligations in the Union, which threatens to undermine the development of a functioning and competitive European Research Area (ERA);
Amendment 43 #
2023/2184(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is deeply concerned that the Commission, despite its strong words in the ERA Communication, is failing to use its legal authority to protect thisese rights and freedom in the Union;
Amendment 45 #
2023/2184(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to take all necessary steps to protect and promote the freedom, integrity and independence of scientific research in the Union, including using its legal authority to prevent any further backsliding with regard to this fundamental right; , in particular: a) making mandatory the full, detailed and up-to-date exhibition of procurers and funders of all types of scientific research carried out and published or otherwise disseminated in the scientific community, with express mention of the relevant conflicts of interest on any occasion of statements or comments made publicly, via each media channel; b) including in any public agency or institution active in the field of scientific research, medicine or other scientific disciplines transparency models already adopted by agencies such as EFSA for the management of conflicts of interest; c) introducing a prohibition for scientific researchers or senior officials, administrators or managers of research centres to take up positions or positions in public or private companies or institutions in the sector in which they carried out their work, with appropriate sanctions for infringements; d) introducing a ban on public or private institutions operating in the scientific, medical or research fields from recruiting their staff or, in any event, within five years of the end of the research project, former employees, advisers or collaborators of private companies operating or having an interest in these fields; e) introducing a prohibition in the Member States on adopting any measure that has the purpose or effect of discriminating, cending or marginalising from scientific debate those who support theories or conduct studies aimed at calling into question recognised knowledge and advancing new ideas, while at all events promoting open research, inclusive debate and the free rebuttal of the prevailing views by all members of the scientific community, without exception; f) fully and clearly defining and strengthening the responsibility of researchers and the ethical limits to research, consisting of the mandatory respect for human life and health and fundamental human rights as enshrined in the ECHR and the precautionary principle; (g) affirming an absolute ban on carrying out research with a profit in all laboratories located in the EU, for whatever purpose or reason, making such research a crime against humanity and promoting the introduction of the same ban in all third countries with which the EU has relations;
Amendment 51 #
2023/2184(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to fully respect and uphold the freedom, integrity and independence of scientific research, and to ensure that any measures taken in the name of public interest do not unduly restrict the freedom of scientific researchse aspects;
Amendment 55 #
2023/2184(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expresses its concern with regard to the Commission's failure to use its legal authority to protect the freedom, integrity and independence of scientific research is a serious abdication of its responsibility, and calls on the Commission to take immediate action to remedy that situation, through the actions outlined in this proposal;
Amendment 59 #
2023/2184(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for recognition of the need to mobilise additional public funds in order to finance independent scientific research, avoiding private interference that could drive its ends or influence its methods or results;
Amendment 62 #
2023/2184(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Requests that the Commission submit, on the basis of Article 182(5), in conjunction with the Article 179(1), of the Treaty on the Functioning of the European Union, a proposal for an act on the freedom, integrity and independence of scientific research, following the principles and aims set out in the Annex hereto;
Amendment 65 #
2023/2184(INL)
Motion for a resolution
Annex I – point 2
Annex I – point 2
2. The freedom of scientific research provides rights - obligations for who working within public bodies - to individual scientific researchers, rights and obligations for scientific research organisations, and obligations for public authorities.
Amendment 66 #
2023/2184(INL)
Motion for a resolution
Annex I – point 3
Annex I – point 3
3. The proposal should build on the definition of the freedom of scientific research as set out in the Bonn Declaration, which includes in the definition of freedom of scientific research the right to critical debate, the protection of plurality of voices, the "right to freely define questions, choose and develop theories, collect empirical material and use sound academic research methods to challenge recognised knowledge and advance new ideas"; the “right to share, disseminate and publish its results openly, including through training and teaching”; “the freedom of researchers to express their views without being penalised by the system in which they work or by government or government censorship or discrimination”.
Amendment 69 #
2023/2184(INL)
Motion for a resolution
Annex I – point 4
Annex I – point 4
4. Scientific researchers should be defined broadly in line with the Council Recommendation on a European framework to attract and retain research, innovation and entrepreneurial talents in Europe. It should not extend to researchers performing research in circumstances where the freedom of scientific research can clearly not apply, such as scientific research for a private, for-profit company undertakings for direct or indirect profit, where such research is conducted to give the company a legitimate competitive advantage compared to its competitors.
Amendment 77 #
2023/2184(INL)
Motion for a resolution
Annex I – point 6 – point d
Annex I – point 6 – point d
(d) the right to publish, share, disseminate and communicate openly, both intramural and extramural, the results and data of their research, without thereby incurring disciplinary measures, censorship, discrimination or pressure of any kind to discredit them or to restrict the freedom, integrity and independence of any individual researcher.
Amendment 80 #
2023/2184(INL)
Motion for a resolution
Annex I – point 6 – point d a (new)
Annex I – point 6 – point d a (new)
(da) The right to freely define research topics, to choose, develop and collect empirical material and to interact with other researchers, in order to safeguard the principle of freedom, integrity and independence.
Amendment 84 #
2023/2184(INL)
Motion for a resolution
Annex I – point 7
Annex I – point 7
7. Individual researchers should be able to enjoy these individual rights without fear of reprisal. The exercise of those rights since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are expressly prescribed by law and are necesswhere they arye in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, fdispensable and properly codified, in order to protect national security, health, privacy and the authority and impartiality of the judiciary. No limitation or restriction may be imposed for ideological, political or preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciaryligious reasons, nor shall it consist of measures affecting the fundamental human rights of the individuals concerned.
Amendment 98 #
2023/2184(INL)
Motion for a resolution
Annex I – point 13
Annex I – point 13
13. Governmental bodies in the Union, at all levels of government including the Union level, should have the obligation to respect, protect, promote and ensure the freedom, integrity and independence of scientific research.
Amendment 101 #
2023/2184(INL)
Motion for a resolution
Annex I – point 14
Annex I – point 14
14. Respect for the freedom of scientific research means that governmental bodies refrain from arbitrary interferences in and imposing undue restrictions on the freedom of scientific research, integrity and independence of scientific research, other than those resulting from respect for the fundamental principles enshrined in the constitutional systems and human rights enshrined in the European Convention on Human Rights.
Amendment 102 #
2023/2184(INL)
Motion for a resolution
Annex I – point 15
Annex I – point 15
15. Protecting the freedom of scientific research means that governmental bodies have an obligation to take active measures to protect against third parties, in particular private and multinational lobbies, which unduly interfering with any dimension of the freedom, integrity and independence of scientific research.
Amendment 105 #
2023/2184(INL)
Motion for a resolution
Annex I – point 16
Annex I – point 16
16. Ensuring the freedom, integrity and independence of scientific research means that governmental bodies have to actively create all the preconditions needed for the exercise all aspects of the freedom. This includes policies for sustainable research careers.
Amendment 108 #
2023/2184(INL)
Motion for a resolution
Annex I – point 17
Annex I – point 17
17. Promoting the freedom, integrity and independence of scientific research means that governmental bodies have to engage actively with third parties to advocate for the respect, protection and ensuring of the freedom, integrity and independence of scientific research.
Amendment 109 #
2023/2184(INL)
Motion for a resolution
Annex I – point 18
Annex I – point 18
18. The legislative proposal should reflect that the freedom of scientific research has to be considered as a negative (free from interference) as well as a positive (ensure that enabling framework conditions exist) freedom. Scientific research should be free from undue government interference and tThere should a strong scientific community as well as a civic body receptive to scientific knowledge for the exercise of the freedom of scientific research.
Amendment 115 #
2023/2184(INL)
Motion for a resolution
Annex I – point 19
Annex I – point 19
19. The legislative proposal has to recognise that there are cases where scientific research and education overlap, such as in the work of a university professor or in the management of a department of a university. Given the legal basis of the proposal, as well as the very limited competences of the Union to legislate on education, the proposal should aim to protect the freedom of scientific researchintegrity and independence of scientific research, even more so when it overlaps with teaching and education.
Amendment 117 #
2023/2184(INL)
Motion for a resolution
Annex I – point 20
Annex I – point 20
20. The proposed act should be legally binding across the Union. The proposal should aim to create a legal framework which offers sufficient flexibility to balance the rights and obligations on a case-by-case basis and can be applied throughout the Union despite the vast diversity in the national and regional scientific research systems. It should create a starting point for the development of legal minimum standards for the freedom, integrity and independence of scientific research through case-law from European courts, including the Court of Justice of the European Union.
Amendment 118 #
2023/2184(INL)
Motion for a resolution
Annex I a (new)
Annex I a (new)
Obligations of scientific researchers of public bodies Independence should be one of the crucial values for scientific researchers of public bodies.In this regard, the proposal should introduce standards of transparency in order to protect the principles of freedom and integrity and guarantee the independence of the scientific work carried out by researchers in order to avoid conflicts of interest that could guide their ends or characterise their results, without hampering the principle of scientific excellence. The obligations of scientific researchers should include at least: a) the detailed presentation of the Curriculum vitae; b) the publication of a Declaration of Interest formally committing each scientific researcher to avoid any current direct, indirect or potential link likely to impair his or her ability to act impartially.Where necessary, in the case of activities already carried out for public or private bodies operating in the same field as the research project, the Declaration of Interest should indicate the area in which the activity was carried out, clarify the exact interest and role of the relevant body or organisation for each, specifying their role within that body or organisation.The Statement shall also include information that is relevant for calculating the impact of each interest in the financial sphere; c) the publication of an annual declaration of interest updating the position of each researcher or confirming his/her status; d) a prohibition – once the research project has been completed and for the next five years – to accept positions or positions in public or private companies or institutions in the sector in which they have carried out their work, with appropriate penalties for infringements; The Commission should oversee the obligations of scientific researchers through the introduction of a supervisory mechanism in order to protect the compliance of these operations – through ex-ante screening to assess the effective suitability of the scientific researcher in relation to potential conflicts of interest - to identify any shortcomings and to ensure that action is taken in good time for them, without hampering the principle of scientific excellence.
Amendment 38 #
2023/2111(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas the energy modelling used by the Commission for assessing decarbonisation pathways and associated policy options significantly underestimates the positive impact of geothermal energy and therefore needs improvement to aid effective policy design
Amendment 42 #
2023/2111(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. Whereas geothermal technologies can provide significant opportunities for the decarbonisation of the energy sector by making it possible to generate electricity, supply heating and cooling, offering thermal underground storage and a sustainable extraction of lithium and other minerals
Amendment 48 #
2023/2111(INI)
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. Whereas sector integration with geothermal technologies will play a crucial role in enhancing the flexibility and efficiency of the energy sector and decreasing its carbon footprint;
Amendment 49 #
2023/2111(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. Whereas the synergies on geothermal exploration with the national programme for general exploration targeted at critical raw materials, that each Member State shall draw up according to the proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials;
Amendment 98 #
2023/2111(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the European Commission to propose an EU strategy to meet the target to triple geothermal capacity by 2030. The aim is to ensure a sound regulatory framework, permitting processes, digital geological data, implementation of the EU legislation, promotion of best practises, harmonised financial risk products, support for planning district and networked geothermal systems;
Amendment 102 #
2023/2111(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European Commission to introduce a European financial risk mitigation scheme to provide coverage to local authorities and project developers to aid the development of cost-effective geothermal energy capacity across Europe. It could be extended to neighbouring countries to facilitate their attainment of energy security targets;
Amendment 103 #
2023/2111(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the European Commission to establish a European Geothermal Alliance to facilitate accelerated growth for the sector and ensure the EU’s energy security and strategic autonomy. The Alliance should also promote the replication of robust regulatory frameworks and best practices outlined in mature geothermal markets as well as supporting supply-chain development.
Amendment 105 #
2023/2111(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the European Commission to amend relevant legislation for electricity and gas distribution System Operators (DSOs) to facilitate coordination between heat and cold network energy companies and local authorities to plan, invest and manage geothermal heating and cooling networks/district systems;
Amendment 106 #
2023/2111(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Calls on the European Commission to establish a framework to renumerate underground thermal energy storage as this will not be covered by the Electricity Market Design reforms and provide a dedicated call to pilot underground pumped hydro long duration electrical storage plants as this is vital to the smooth operation of the electricity system and the EU’s energy security;
Amendment 107 #
2023/2111(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that national and EU-wide measures for geothermal energy should be based on an assessment of the geothermal potential of Europepotential of geothermal of Europe as well as major sources of demand to identify which are the most appropriate types of geothermal solution, taking into account their diverseified geological and climate conditions, and an estimate of the cost- efficiency of deploying geothermal solutions; calls for the timely implementation of the measures to achieve the average annual increase of geothermal heating and cooling referred to in Article 23, paragraph 1, first subparagraph of the European Parliament legislative resolution of 12 September 2023 on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources;
Amendment 205 #
2023/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the requirements of mining laws designed for large-scale mining projects are difficult to uphold in much smaller-scale geothermal projects; calls on the Member States to review and simplify existing mining laws, where necessary, or to develop dedicated permitting rules for geothermal with particular simplification and support for these projects in island regions; asks the Commission to provide guidelines to ensure the requisite level of coherence;
Amendment 222 #
2023/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that permits for geothermal installations must be made extensible to covering the extraction of lithium or theand other minerals or production of hydrogen from existing capacity under the same lease;
Amendment 231 #
2023/2111(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to issue guidance on how to implement geothermal areas;
Amendment 242 #
2023/2111(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that most Member States have yet to implement the 2009 provision of Directive 98/70/EC regarding the promotion of energy from renewable sources, that calls on Member States to ensure that certification schemes or equivalent qualification schemes are available for installers of small-scale shallow geothermal systems and heat pumps;
Amendment 246 #
2023/2111(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Commission and Member States to ensure that the skills and capacity of permitting agencies and local authority heat and cold planners receive appropriate attention and support;
Amendment 249 #
2023/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that while the EU is the leader in geothermal research and development and manufacturing, support measures for next-generation geothermal technologies are needed at European and national level, with particular regard to island regions, in order to support this position, particularly in geothermal storage and industrial applications;
Amendment 265 #
2023/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Regrets that the potential of depleted, abandoned or end of life hydrocarbon reservoirs for geothermal applications is not being fully tapped;
Amendment 267 #
2023/2111(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to undergo an inventory of geothermal resource base and to prepare a best practice roadmap to transform these hydrocarbon assets;
Amendment 268 #
2023/2111(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Notes that the large part of district heating and cooling systems are fossil fuels based in these territories in transition; underlines that many systems could be converted to geothermal and that this should be prioritised in the Modernisation and Cohesion Funds;
Amendment 293 #
2023/2111(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that public resistance remains a challenge for geothermal projects, particularly on the basis of also due to environmental concerns such as: the possible contamination ofinterference with ground waters, gasnon-condensable emissions or, water over- exploitation; expresses the opinion that maintaining high environmental standards and transparency standards can, and a sustainable lifecycle assessment approach could serve as anthe efficient way of overcoming distrust;
Amendment 43 #
2023/2110(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States, as part of the upcoming SME relief package, to identify ways to introduce further financial and tax incentives aimed at promoting the adoption of technology by start-ups and scale-ups;
Amendment 52 #
2023/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to develop comprehensive policies, regulations and strategies that are aligned with the European start-up and scale-up initiative and foster a favourable environment for start-ups and scale-ups, encompassing access to finance, regulatory simplification, further tax incentives, talent retention and acquisition, and support for internationalisation;
Amendment 133 #
2023/2110(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges the Member States to develop regional and national reward mechanisms and tax incentive systems for start-up and scale-up projects of public interest;
Amendment 144 #
2023/2110(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends the establishment of regional start-up ecosystems that support local entrepreneurship, innovation hubs and incubators, and leverage each region’s strengths and resources; urges national and regional governments to provide state guarantees for start-ups running projects of public interest to ensure their overregulation;
Amendment 38 #
2023/0131(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The European Parliament resolution of 12 July 2023 on the COVID- 19 pandemic: lessons learned and recommendations for the future 2022/2076 (INI);
Amendment 39 #
2023/0131(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) European Parliament Resolution 2022/2076 calls for further investment in research and development activities geared towards achieving public interest objectives (Article 296) and ‘calls on the Commission to use industrial, intellectual property and pharmaceutical strategies to encourage public funding for research and development projects in order to comply with the principle of open science and to close the persistent gap in research and medicine production through partnerships, technology transfer and the creation of open research centres’ (Article 590);
Amendment 51 #
2023/0131(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) The Bonn Declaration includes in the definition of freedom of scientific research the right to critical debate, the protection of plurality of voices, the ‘right to freely define questions, choose and develop theories, collect empirical material and use sound academic research methods to question recognised knowledge and advance new ideas’; the “right to share, disseminate and publish its results openly, including through training and teaching”; “the freedom of researchers to express their views without being penalised by the system in which they work or by government or government censorship or discrimination”;
Amendment 110 #
2023/0131(COD)
Proposal for a regulation
Recital 106
Recital 106
(106) Before a medicinal product for human use is placed on the market in one or more Member States, it has to have undergone extensive studies, including non-clinical tests and clinical trials, to ensure that it is safe, of high quality and effective for use in the target population, strictly respecting the timing and phases of the clinical trial. It is important that such studies are undertaken also on the paediatric population in order to ensure that medicinal products are appropriately authorised for use in the paediatric population, and to improve the information available on the use of medicinal products in the various paediatric population. It is also important that medicinal products are presented in dosages and formulations adequate for the use in children.
Amendment 111 #
2023/0131(COD)
Proposal for a regulation
Recital 109
Recital 109
Amendment 114 #
2023/0131(COD)
Proposal for a regulation
Recital 131
Recital 131
(131) It is necessary to provide for the coordinated implementation of Union procedures for the marketing authorisation of medicinal products, and of the marketing authorisation procedures of Member States which have already been harmonised to a considerable degree by [revised Directive 2001/83/EC] and respect clinical drug trial times.
Amendment 142 #
2023/0131(COD)
Proposal for a regulation
Recital 147
Recital 147
(147) Consequently, it is particularly difficult - although it can be justified in accordance with the precautionary principle - to conduct multi-centre clinical trials with investigational medicinal products that contain or consist of GMOs involving several Member States.
Amendment 143 #
2023/0131(COD)
Proposal for a regulation
Recital 151
Recital 151
Amendment 182 #
2023/0131(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4 a. the benefit/risk balance is objectively favourable and any adverse reactions are not statistically relevant
Amendment 193 #
2023/0131(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(c a) clinical studies on all aspects of efficacy and safety have been carried out with a monitoring period of at least six months, demonstrating in a sufficiently clear and reliable manner both the efficacy and safety of the medicinal product and the total absence of serious or lethal adverse effects
Amendment 194 #
2023/0131(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c b (new)
Article 18 – paragraph 1 – point c b (new)
(c b) clinical studies are conducted under external supervision by independent parties subject to confidentiality for commercial purposes, but who are able to report to the Agency on the correctness and completeness of the trials carried out
Amendment 195 #
2023/0131(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c c (new)
Article 18 – paragraph 1 – point c c (new)
(c c) for medicines authorised in an emergency, there must be an active pharmacovigilance system – not only passive – also in the consources of the subjects on which the medicine is administered outside the clinical trial.
Amendment 196 #
2023/0131(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
In duly justified cases, to meet an unmet medical need of patients, as referred to in Article 83(1), point (a), of [revised Directive 2001/83/EC], a conditional marketing authorisation or a new conditional therapeutic indication to an existing marketing authorisation authorised under this Regulation may be granted by the Commission to a medicinal product that is likely to address the unmet medical need in accordance with Article 83(1), point (b), of [revised Directive 2001/83/EC], prior to the submission of comprehensive clinical data provided that the benefit of the immediate availability on the market of that medicinal product outweighs the risk inherent in the fact that additional data are still required. The benefit-risk assessment must be based on reliable, clear and verifiable data and not approximate and based on presumptive or generic assessments.
Amendment 198 #
2023/0131(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Conditional marketing authorisations or a new conditional therapeutic indication referred to in paragraph 1 may be granted only if the benefit-risk balance of the medicinal product is favourable and the applicant is likely to be able to provide comprehensive data. the benefit-risk assessment must be based on reliable, clear and verifiable data and not approximate and based on presumptive or generic assessments.
Amendment 203 #
2023/0131(COD)
Proposal for a regulation
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
8 a. the benefit-risk assessment should be reassessed every two months on the basis of new available data on the safety and efficacy of the product, on the possible lethal effects of the disease, including when treated, and on the availability of therapeutic solutions to treat it.
Amendment 205 #
2023/0131(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – introductory part
Article 20 – paragraph 1 – subparagraph 1 – introductory part
After the granting of a marketing authorisation, the Agency may consider that it is necessary that the marketing authorisation holdershall require the holder of the agency to:
Amendment 207 #
2023/0131(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. The competent authorities of the Member States may withdraw the authorisation for placing on the market the presence of statistically relevant evidence of adverse reactions and serious side effects and shall reserve the same possibility of withdrawal until the labelling and package leaflet of the medicinal product concerned has been updated with those serious side effects
Amendment 208 #
2023/0131(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 225 #
2023/0131(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) there is no other satisfactory method of treatment, prevention or diagnosis authorised or sufficiently available in the Union or, if such method is already available, the temporary emergency marketing authorisation of the medicinal product will contribute to address the public health emergency;
Amendment 226 #
2023/0131(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
(b) based on the scientific evidence available, the Agency issues an opinion concluding that the medicinal product could be effective in treating, preventing or diagnosing the disease or condition directly related to the public health emergency, and the known and potential benefits of the product outweigh the known and potential risks of the product, taking into consideration the threat posed by the public health emergency.
Amendment 234 #
2023/0131(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 235 #
2023/0131(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 117 #
2023/0079(COD)
(2) Given the complexity and the transnational character of critical raw material value chains, uncoordinated national measures to ensure a secure and sustainable supply of critical raw materials have a high potential of distorting competition and fragmenting the internal market. Therefore, to safeguard the functioning of the internal market, a common Union framework should be created to collectively address this central challenge.
Amendment 123 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, it is necessary for the EU to preserve peaceful bilateral relations with all supplying countries or potential suppliers of critical raw materials in order to be able to maintain or create business relations that adequately meet the Union’s internal needs. Fourthly, it is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthinally, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union.
Amendment 125 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of externalthe Unions's supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the optimised circularity and sustainability of the critical raw materials consumed in the Union and foster research and development of alternative innovative materials and production methods to substitute raw materials consumed in the Union.
Amendment 133 #
2023/0079(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to ensure that the measures set out in the Regulation focus exclusively on the most relevant materials, a list of strategic raw materials and a list of critical raw materials should be established. Those lists should also serve to guide and coordinate Member States’ efforts to contribute to the realisation of the aims of this Regulation. The list of strategic raw materials should contain raw materials that are of high strategic importance, taking into account their use in strategic technologies underpinning the green and digital transitions or for defence or space applications, that are characterised by a potentially significant gap between global supply and projected demand, and for which an increase in production is relatively difficult, for instance due to long lead-times for new projects increasing supply capacity. To take account of possible technological and economic changes, the list of strategic materials should be periodically reviewed and, if necessary, updated. In order to ensure that efforts to increase the Union capacities along the value chain, reinforce the Union’s capacity to monitor and mitigate supply risks and increase diversification of supply are focused on the materials for which they are most needed, the relevant measures should only apply to the list of strategic raw materials.
Amendment 161 #
2023/0079(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not dependent on a single third country for more than 650% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 185 #
2023/0079(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection, socially responsible practices, including respect for human rights such as the rights of womenall workers and children in particular, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion, compliance with relevant Union legislation, international standards, guidelines and principles or participation in a certification scheme recognised under this Regulation should be considered sufficient. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 200 #
2023/0079(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and space sectorsrecovery and competitiveness of the EU industrial system. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 207 #
2023/0079(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered by the responsible permitting authority as being in the public interest. Strategic Projects which have an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39may be authorised where the responsible permitting authority concludes, based on its case-by-case assessment, that the public interest served by the project overrides those impacts, provided that all relevant conditions set out in those Directives are met. Where relevant, the case-by-case assessment should take into account the geological risks andspecificity of extraction sites, which constrains decisions on location. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 217 #
2023/0079(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The environmental assessments and authorisations required under Union law, including in relation to seismic and hydrogeological risks, water, habitats and birds, are an integral part of the permit granting process for a raw material project and an essential safeguard to ensure that negative environmental impacts are prevented or minimised. However, in order to ensure that the permit granting processes for Strategic Projects are predictable and timely, any potential to streamline the required assessments and authorisations while not lowering the level of environmental protection should be realised. In that regard, it should be ensured that the necessary assessment are bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before it is implemented to prevent unnecessary follow-up.
Amendment 235 #
2023/0079(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The volatile prices of several strategic raw materials, exacerbated by limited means to hedge them on forward markets, create an obstacle both for project promoters to secure financing for strategic raw material projects as well as for downstream consumers looking to secure stable and predictable prices for key inputs. In an effort to reduce uncertainty over future prices for strategic raw materials, it is necessary to provide for the setting up of a system that enables both interested off- takers and promoters of Strategic Projects to indicate their buying or selling bids and to bring them in contact if the respective bids are potentially compatible. Such a system could be helpful to foster SMEs’ participation in the value chains of strategic raw materials.
Amendment 246 #
2023/0079(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Although the reinforcement of the Union’s critical raw materials value chain is necessary to ensure increased security of supply, the supply chains of critical raw materials will remain global and exposed to external factors. Recent or ongoing events ranging from the COVID-19 crisis to the unprovoked and unjustified military aggression against Ukraine underlined the vulnerability of some of the Union’s supply chains to disruptions. In order to ensure that Member States and European industries are able to anticipate supply disruption and prepared to withstand their consequences, measures should be developed to increase monitoring capacity, coordinate strategic stocks and reinforce the preparedness of companies.
Amendment 253 #
2023/0079(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) So as to ensure further coordination, the Commission should ensure necessary consultation ahead of Member States’ participation in international fora where such strategic stocks may be discussed, notably via the dedicated standing sub-group of the Board. Similarly, in order to increase complementarity between the present proposal and other horizontal or subject- specific instruments, the Commission should ensure that the gathered and aggregated information are passed to vigilance or crisis governance mechanisms, such as the proposed Single Market Emergency Instrument's advisory group, the proposed Chips Act's European Semiconductor Board, the HERA Board or the Health Crisis Board.
Amendment 254 #
2023/0079(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure that they are sufficiently prepared to face supply disruptions, large companies manufacturing strategic technologies in the Union using strategic raw materials should audit their supply chains and report accordingly to their board of directorsall ensure an appropriate internal risk management. This will ensure that they take into account the supply risks of strategic raw materials and develop appropriate mitigation strategies to be better prepared in the event of a supply disruption. Similarly, the large companies falling within this scope should run regular stress tests of their strategic raw materials supply chains to ensure that they consider all different scenarios that may affect their supply in the event of a disruption. These measures will lead to additional considerations being given to the costs of potential supply risks.
Amendment 257 #
2023/0079(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Many markets for strategic raw materials are not fully transparent and are concentrated on the supply side, which increases the negotiating power of sellers and increases prices for buyers, posing a challenge to the market. To help lower prices for undertaking established in the Union, the Commission shcould set up a system that is able to aggregate the demand of interested buyers. In developing such a system, the Commission should take into account experience gained in similar endeavours, in particular regarding the joint purchasing of gas as previously established in response to the gas crisis under Council Regulation 2022/257644. Member State authorities should also be able to participate in this system in order to build up their strategic stocks. All measures underadopted as part of thisatmechanism should be compatible with Union competition and nationallaw. _________________ 44 Council Regulation (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders (OJ 335, 29.12.2022, p. 1-35)
Amendment 259 #
2023/0079(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The provisions on monitoring and strategic stocks included in this Regulation do not entail the harmonisation of national laws and regulations and do not replace existing mechanisms. Monitoring and risk preparedness incentives should be in line with European instruments. Therefore, instruments such as the Single Market Emergency Instrument proposal aiming to anticipate, mitigate and respond to crisis affecting the functioning of the Single Market or the Council Regulation (EU) 2022/237245on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures in the event of a public health emergency at Union level, could still apply to critical and strategic raw materials in the event of a crisis or a threat to the extent that those materials fall within the scope of such instruments.Complementarity and coherence between this Regulation and crisis instruments should be ensured through exchange of information. _________________ 45 Council Regulation (EU) 2022/2372 of 24 October 2022 on a framework of measures for ensuring the supply of crisis-relevant medical countermeasures in the event of a public health emergency at Union level (OJ 314, 6.12.2022, p.64- 78)Complementarity and coherence between this Regulation and crisis instruments should be ensured through exchange of information.
Amendment 273 #
2023/0079(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The recovery of critical raw materials from extractive waste facilities should be part of the valorisation of relevant waste facilities. Directive 2006/21/EC sets out high requirements of environmental and human health protection for the waste management of the extractive industry. While these high requirements should be maintained, it is appropriate to establish additional measures to maximise the recovery of critical raw materials from extractive waste, in full respect of the working and health conditions of all workers.
Amendment 296 #
2023/0079(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) To keep administrative burden put on Member States and companies, especially SMEs, to a minimum, the different reporting obligations should be streamlined and the Commission should develop a template allowing Member States to fulfil their reporting obligations on projects, exploration, and monitoring or strategic stocks within a regularly published single document, that may be confidential or restricted.
Amendment 300 #
2023/0079(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. The Commission should submit to the European Parliament, to the Council, the European Economic and Social Committee, an annual report on the implementation of this Regulation and progress towards achieving its objectives, including the capacity and diversification benchmarks. The report should also, based on the implementation of the measures related the transparency of the environmental footprint of critical raw materials, assess the appropriateness of establishing maximum thresholds related to the environmental footprint.
Amendment 337 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) diversify the Union's imports of strategic raw materials with a view to ensure that, by 2030, the Union's annual consumption of each strategic raw material at any relevant stage of processing can rely on imports from several third countries, none of which provide more than 650% of the Union's annual consumption;
Amendment 363 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 385 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘extraction’ means the primary extraction of ores, minerals and plant products from their original source, including from a mineral occurrence underground, mineral occurrence under water, sea brine and trees; or the secondary extraction as a main product or as a by- product;
Amendment 488 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 512 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 547 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where the Commission finds that the recognition of a Strategic Project no longer fulfils the criteria set out in Article 5(1) or where its recognition was based on an application containing incorrect information, it may, taking into account the opinion of the Board and the responsible project promoter, repealsyndicate the decision granting a project the status of Strategic Project.
Amendment 635 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
Amendment 679 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall communicate to the Commission their national programmes referred to in paragraph 1. The Member States shall also communicate to the Commission their finalised national programmes referred to in paragraph 1 of this Article. The Commission shall then forward those programmes to the Board so that they can be discussed in the Subgroup referred to in Article 35(6), point (e).
Amendment 682 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Member States shallcan make the information on their mineral occurrences containing critical raw materials gathered through the measures set out in the national programmes referred to in paragraph 1 publicly available on a free access website. This information shall, where applicable, include the classification of the identified occurrences using the United Nations Framework Classification for Resources.
Amendment 688 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. Member States shall support the technological maturity of exploration technologies for deep and complex deposits of critical raw materials at least by including support actions to that effect under national research & innovation programmes.
Amendment 708 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
The Commission, in collaboration with the national authorities participating in the standing sub-group referred to in Article 35(6), point (c), shall ensure that a stress test is performed for each strategic raw material’s supply chain at least every threewo years. To that end, the standing sub-group referred to in Article 35(6), point (c) shall coordinate and divide the implementation of stress tests for the different strategic raw materials by the different participating authorities.
Amendment 710 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point c
Article 19 – paragraph 3 – subparagraph 2 – point c
(c) factors that might affect supply, including but not limited to the geopolitical situation, geological risks, logistics, energy supply, workforce or natural disasters;
Amendment 742 #
2023/0079(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
The strategic technologies referred to in the first subparagraph shall include, but are not limited to, batteries for energy storage and e-mobility, equipment related to hydrogen production and utilisation, equipment related to renewable energy generation, traction motors, heat pumps, data transmission and storage, mobile electronic devices, equipment related to 3D additive manufacturing, robotics, drones, rocket launchers, satellites and advanced chips.
Amendment 867 #
Amendment 876 #
2023/0079(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of products incorporating permanent magnets or of critical raw materials which do not comply with this Regulation, provided that a visible sign clearly indicates that such products or materials do not comply with this Regulation and that they cannot be made available on the market until they have been brought into conformity.
Amendment 895 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
Article 33 – paragraph 1 – point c – introductory part
(c) which third countries should be prioritised for the conclusion of, with which they should conclude Strategic Partnerships, taking into account the following criteria:
Amendment 967 #
2023/0079(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
The Commission shall, taking into account the advice of the Board, monitor progress towards the objectives set out in Article 1(2) and publish, at least every 3two years, a report detailing the Union’s progress towards achieving those objectives.
Amendment 968 #
2023/0079(COD)
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2
Article 42 – paragraph 1 – subparagraph 2
The first report shall be drawn up by [OP please insert: 4three years after the date of entry into force of this Regulation].
Amendment 23 #
2022/2141(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Congratulates the ombudsman on her efforts and intense work on the EC’s refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a Covid-19 vaccine; welcomes the conclusion of the inquiry which underlined the maladministration by the Commission; notes with concern that the EC management of partnerships with private multinationals, involving huge financing by EU funds, is currently going in a non-transparent way, shielded from democratic control;
Amendment 69 #
2022/2141(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. WelcomesTakes note of the opening of an inquiry into the Commission’s role in assessing the sustainability of gas projects listed as projects of regional significance by the Energy Community – which brings together the EU, countries in the Western Balkans, countries in the Black Sea Region, and Norway – as the gas projects might not have been covered by an adequate sustainability assessment before being included on the list; recalls that these projects were evaluated according to a methodology formerly used by the Commission for its list of Projects of Common Interest, which is currently inadequate and no longer used; considers that, particularly in the current geopolitical energy context,; considers that energy projects promoted or financed by the EU should be evaluated in the most transparent, consistent and participative way possible;
Amendment 84 #
2022/2141(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Encourages the Ombudsman to continue her collaboration with national ombudsmen through the ENO; believes it necessary to step up interactions and exchanges of best practices with and between national and regional ombudsmen and the European Ombudsman to ensure that citizens are better informed about their rights and have better guidance when making complaints; regrets that Italy has not yet established the role of national Ombudsman;”
Amendment 7 #
2022/2079(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a strong and a technologically competitivthe defence sector is crucialimportant for Europe’s security and prosperity;
Amendment 11 #
2022/2079(INI)
Motion for a resolution
Recital B
Recital B
Amendment 20 #
2022/2079(INI)
Motion for a resolution
Recital C
Recital C
C. whereas a steady and stable supply of critical raw materials, technologies and components is vital for Europe’s defenceeach sector;
Amendment 23 #
2022/2079(INI)
Motion for a resolution
Recital D
Recital D
D. whereas cutting-edge technologies, and in particular fast-evolving digital technologies, are ever more important factors in sustaining and strengtheningfor Europe’s defence industries;
Amendment 26 #
2022/2079(INI)
Motion for a resolution
Recital E
Recital E
Amendment 31 #
2022/2079(INI)
Motion for a resolution
Recital F
Recital F
Amendment 51 #
2022/2079(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission’s roadmap for critical technologies for security and defence; emphasises the need for greater involvement of the European Union in coordinating and facilitating the development of security- and defence- relatedindustrial technology; underlines that the EU’s global technological competitiveness is highly dependent on innovation and the ability to deploy new technologies rapidly;
Amendment 53 #
2022/2079(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RecognisAcknowledges the need, highlighted in the roadmap, to identify technologies critical for EU security and defence; stresses that the proposal for a coordinated EU-wide strategic approach on critical technologies for security and defence to be taken from the outset is the right way forward;
Amendment 59 #
2022/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 68 #
2022/2079(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomesTakes note of the Commission’s setting up an observatory of critical technologies; calls on the Commission to fully integrate the findings of the observatory in its classified report to Member States on critical technologies and risks associated with strategic dependencies affecting security, space and defence; stresses the need for the Commission to further coordinate and facilitate cooperation between the Member States in order to address the existing technology gaps;
Amendment 75 #
2022/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the there is a risk of dependency for the supply of critical materials and of overstretched supply chains that may affect the EU’s capability to stay competitive in the field of critical technologies for security and defence; calls on the Commission to take the lead with a special research programme on new materials for critical technologies so as to minimise the EU’s dependency on third countries;
Amendment 82 #
2022/2079(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the creation of an EU defence innovation scheme and the ongoing work with various tools relating to defence and new and dual-use technologies in order to help innovative start-ups and small and medium-sized enterprises overcome high technological, administrative, regulatory and market entry hurdles; calls on the Commission to encourage Member States, as the end users, to fully utilise cross- border innovation networks;
Amendment 87 #
2022/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 93 #
2022/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 105 #
2022/2079(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the need for closer cooperation between the Member States on capability development to boost innovation in critical technologies for security and defence; calls on the relevant EU bodies to act as catalysts and accelerators to encourage the Member States to coordinate their capability development programmes;
Amendment 108 #
2022/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 116 #
2022/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the need for close cooperation between the various stakeholders such as academia and the public and private sectors in order to utilise best practices in security and defence technologies; calls on the Commission to examine the potential of using ‘multiple helix’ models for innovationevery sector;
Amendment 118 #
2022/2079(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 128 #
2022/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need for better dual use of existing civilian technologies, as well as dual-use innovation in the field of critical technologies for security and defence; sStresses the need for better knowledge sharing networks for existing and new technologies so as to enable potential end users and investors to make better use of technologies already on the market or invest in high-potential emerging technologies;
Amendment 134 #
2022/2079(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages innovation based on increased resource efficiency, development of new materials, promotion of secondary raw materials and more sustainable public procurement, and the use of environmentally sustainable technology solutions; calls on the Commission to explore the way forward on sustainable security and defence technologies and how the EU’s security and defence industries and the EU’s resilience could benefit;
Amendment 142 #
2022/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 7 #
2022/2053(INI)
Draft opinion
Recital B
Recital B
B. whereas the development and deployment at scale of carbon removal solutions is indispensable to climate neutrality and requires significant targeted support over the next decade for carbon capture, and utilisation and storage (CCUS);
Amendment 14 #
2022/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the Commission communication of 15 December 2021 on sustainable carbon cycles (COM(2021)0800);
Amendment 19 #
2022/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 39 #
2022/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. SupportAcknowledges the increased size of the Innovation Fund for the deployment at scale of innovative low-carbon technologies to support industrial carbon removal and the possibility of carbon contracts for difference (CCfD) as a means of investment in innovative clean technologies;
Amendment 45 #
2022/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of European leadership and the need for a competitive CCUS market with financial incentives;
Amendment 9 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. NotStresses that many of the proposals endorsed by the Conference on the Future of Europe do not require Treaty change but instead call for the strengthening of existing policies and instruments; takes the view that the division of competences provided for in the Treaties, and in particular Articles 4 and 5 TEU, should remain unchanged;
Amendment 28 #
2022/2051(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses, therefore, the need to increase citizens’ knowledge of their right to petition as well as their understanding of the scope of the Union’s responsibilities; calls for clear and fair parameters for the choice of petitions declared admissible to be adopted at Parliament level, on the basis of which discussion should be automatically guaranteed; calls on the Commission and the Member States to adopt measures to make public information and awareness more efficient at Union and national levels in order to improve access to the right to petition and to reduce the number of inadmissible petitions.
Amendment 31 #
2022/2050(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
— having regard tο the United Nations Security Council Resolutions concerning Cyprus,
Amendment 34 #
2022/2050(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Europe is facing the most complex combination of both military and non-military threats since the end of the Cold War accentuated by Russia’s unjustified and illegal war against Ukraine; and the ongoing illegal Turkish occupation of 38% of the Republic of Cyprus; whereas this requires the EU to enhance the effectiveness of its security and defence policy to defend its interests and values; whereas the Strategic Compass aims to equip the EU with the necessary tools to make it an effective security provider and an assertive global actor; whereas there is a new urgency to boosting EU security and defence capabilities, including building on the unprecedented support for Ukraine and including the use of the EPF;
Amendment 111 #
2022/2050(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the dramatic deterioration in European security accelerated by Russia’s unjustified and illegal war against Ukraine and the ongoing illegal occupation in Cyprus; stresses that this situation demands that the EU step up its defence capacities and show greater willingness to act in order to deliver the security expected by the EU’s citizens; underlines the unprecedented and united EU response to Russia’s war against Ukraine, including the provision of military equipment through the EPF; remains committed to supporting Ukraine’s defence of its territorial integrity and sovereignty;the defence, territorial integrity and sovereignty of every EU Member State, as well as Ukraine's; calls on the EU to provide a timeline of one year for the complete withdrawal of Turkey's troops from the Republic of Cyprus, before the activation of Article 42, Paragraph 7 TEU, aiming to provide military assistance to the Republic of Cyprus in order to liberate its occupied northern part; moreover, calls on the EU to sustain its efforts and provide Ukraine with all necessary financial, humanitarian and military aid;
Amendment 129 #
2022/2050(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the need for solidarity among Member States, especially with those whose geographical position leaves them directly exposed to various imminent threats and challenges to land, sea and air;
Amendment 202 #
2022/2050(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of improving and activating the implementation procedures of Article 44 TEU on mission delegation to make the CSDP more flexible and efficient in the field, to make Article 42(7) TEU on mutual assistance operational in the short run and to clarify the coherence between this and Article 5 of the North Atlantic Treaty;
Amendment 225 #
2022/2050(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 400 #
2022/2050(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Denounces the lack of initiatives to prevent Turkish aggression against the Republic of Cyprus, Greece, Syria, Iraq and Armenia, as well as Turkey's ongoing genocidal acts against 18 million Kurds in Turkey, Syria and Iraq;
Amendment 408 #
2022/2050(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the fundamental shared democratic values at the heart of the EU and NATO; calls for the deepening of EU- NATO relations, such as through a third Joint EU-NATO Declaration; underlines the need to strongly upgrade the strategic partnership with NATO to base it on the strengthening of political unity and solidarity and enhanced political dialogue on all aspects of common challenges and strategically relevant issues; encourages coordinated responses in conflict prevention and crisis management mechanisms to counter emerging common threats; expresses its concerns about the irrational and anti-institutional stance of the NATO Secretary General, who favours the Turkish military aggression against Greece and Cyprus;
Amendment 58 #
2022/2026(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. urges the Commission and the Member States to ensure that architectural barriers inside and outside buildings and in all public and private spaces are removed; recommends, further, that they ensure that no new barriers to accessibility for people with disabilities are created anywhere;
Amendment 13 #
2022/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is crucialimportant to enable industry to implement the energy and digital transitions while preserving jobs, competitiveness and its ability to develop and produce clean productsand innovate;
Amendment 64 #
2022/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the update of the industrial strategy; stresses that for the Green Deal to be a true growth strategy, reduce dependencies and maintain a level playing field for European industry during the transition, it needs to be accompanied byan ambitious industrial policy is absolutely essential;
Amendment 90 #
2022/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the EU cannot be dependent onshould, as far as possible, seek to increase its own autonomy from non-EU countries for products and technologies that are essential to our economy and for our society of the future; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of critical materials in times of crisis;
Amendment 109 #
2022/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present clear transition pathways for the industrial ecosystem as soon as possible, including by identifying the needs for a successfuleffective pathways as soon as possible for a viable transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency and coordination across all initiatives, objectives, funding and regulatory instruments that will support industry through the transitions; calls for annual monitoring and reporting on the competitiveness and resilience of our industrial ecosystems and on the progress made on the transition pathways, so that instruments can be adapted swiftly when needed;
Amendment 128 #
2022/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the EU is outperformed by other economic powers in research and development (R&D) expenditures as a percentage of GDP; reiterates the importance of an ambitious level of investment in R&D; notes with regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member States;
Amendment 143 #
2022/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to close the investment gap with global competitors for key enabling technologies; welcomestakes note, in this regard, of the Commission’s proposal for a European Chips Act10 and the establishment of the European Alliance for Industrial Data, Edge and Cloud; calls on the Commission to extend these initiatives to key enabling technologies, such as photonics and quantum; _________________ 10 COM(2022)0046.
Amendment 204 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the digitalisationindustrial strategy of the EU and are a critical source of innovation; stresses the need to improve and simplify their access to financing;
Amendment 217 #
2022/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for regulatory stability and predictability; calls on the Commission to include roadmaps in the transition pathways to reduce administrative burdens for European businesses, especially SMEs, by at least 30 %; stressbelieves the ‘'one in, one out’' principle does not go far enough to truly and significantly reduce these burdens for European businesses;
Amendment 311 #
2022/2008(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to broaden the scope of the Observatory of Critical Technologies to include continuously monitoring, evaluating and reporting on resilience indicators for EU industries, such as mutual dependencies in key technologies, strategic dependencies and a detailed, transparent analysis of foreign subsidies in strategic sectors;
Amendment 322 #
2022/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is strongly concerned about unfair competition, investments and takeovers by non-EU state-financed companies on the single market, especially in strategic sectors; calls on the Commission to analyse and prevent this interference;
Amendment 328 #
2022/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 103 #
2022/0396(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In line with the Green Deal33 , the new Circular Economy Action Plan (CEAP)34 commits to reinforcing the essential requirements for packaging in view of making all packaging on the EU market reusable or recyclable in an economically viable way by 2030, and to consider other measures to reduce (over)packaging and packaging waste, drive design for re-use and recyclability of packaging, reduce the complexity of packaging materials and introduce requirements for recycled content in plastic packaging. It commitThe new CEAP also commits to reduce food waste and encourages circular approaches to the use of water. It tasks the Commission to assess the feasibility of Union-wide labelling that facilitates the correct separation of packaging waste at source. _________________ 33 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2019%3 A640%3AFIN 34 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2020:98:FIN &WT.mc_id=Twitter
Amendment 106 #
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 Plan39 reiterated 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. It also stressed that food safety and hygiene standards must not be compromised. _________________ 39 https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0040_EN.html
Amendment 114 #
2022/0396(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 118 #
2022/0396(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Packaging should be designed, manufactured and commercialised in such a way as to allow for its re-use or high- quality recycling, and to minimise its impact on the environment during its entire life-cycle and the life cycle of products, for which it was designed. This can also justify deviations from the waste hierarchy according to Article 4(2) of Directive 2008/98/EC, for example with regard to the use of recyclable single-use packaging and reusable packaging.
Amendment 120 #
2022/0396(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) A comprehensive system of traceability for food products is essential through all stages of the food chain, from production, to processing and distribution, to ensure the functioning of the internal market for food. This enables targeted and accurate withdrawals can be undertaken and information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruptions in the event of food safety issues. In these regards, packaging is fundamental and non-replaceable as it ensures that food which is placed on the Union market is adequately labelled and identified, and therefore can be traced.
Amendment 143 #
2022/0396(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Packaging should be designed 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) and Annex IV of this Regulation. 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 30, should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. 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 – PIn order to give sufficient time to the economic operators to adapt, packaging should comply with such requirevmentions by source reduction1 January 2030.
Amendment 145 #
2022/0396(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to comply with the packaging minimisation requirements, particular attention should be paid to limiting the empty space, in grouped and transport packaging, including e-commerce packaging, while maintaining the ability of packaging to perform its functionalities, including those referred to in Article 3(1) and Annex IV of this Regulation.
Amendment 146 #
2022/0396(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised, without prejudice to Article 4(2) of Directive 2008/98/EC. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements.
Amendment 157 #
2022/0396(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) The problem of excessive packaging waste generation cannot be fully addressed by setting obligations on packaging design. For certain packaging types, obligations to reduce the empty space should be set on economic operators in terms of reducing the empty space when using such packaging. In case of grouped, transport and e-commerce packaging used for the supply of products to final distributors or end users, the empty space ration should not exceed 40 %be minimised subject to the performance criteria listed in Part I of Annex IV. In line with the waste hierarchy, it should be possible for economic operators using sales packaging as e- commerce packaging to be exempted from this obligation.
Amendment 160 #
2022/0396(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 173 #
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 bevera. The introduction of quantitative re-use and refill targets for take-away, large- white goods and transport packaging. This was appraised based onshould be done when they represent the best environmental option considering the whole life cycle of packaging, and should be based on proper impact assessments considering 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, wereshould also be 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 of single use packaging for food and beverages filled and consumed within the premises in the HORECA sector should not be allowed.
Amendment 177 #
2022/0396(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) Certain uses of single use transport packaging formats are not necessary, as there is a wide range ofcan be replaced by well-functioning reusable alternatives. In order to ensure that such alternatives are effectively used, it is appropriate to require economic operators, when transporting products between different sites of the same economic operator or between the economic operator and the linked or partner enterprises, to use only within the Union, to predominantly use reusable transport packaging with respect to packaging formats such as pallets, foldable plastic boxes, plastic crates, intermediate bulk containers, both rigid and flexible, or drums. The same obligation should, for the same reasons, apply to economic operators transporting products within one Member State.
Amendment 184 #
2022/0396(COD)
Proposal for a regulation
Recital 90
Recital 90
(90) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that economic operators take appropriate measures to reduce the waste generation by eliminating excessive packaging and restrict the uses of certain packaging formats, extending the life span of packaging, re-designing products so that no packaging or less packaging can be used, including bulk sales, and by shifting from single use packaging to reusable packaging where it makes sense from a climate and environmental standpoint, considering the whole life cycle of packaging.
Amendment 226 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘refill’ means an operation entailing a system for refill by which an end user fills its owna container, which fulfils the packaging function, with a product or several products offered by the final distributor in the context of a commercial transactionpurchased through a final distributor;
Amendment 235 #
2022/0396(COD)
(32) ‘recycled at scale’ means collected, sorted and recycled through installed state-of-the-art infrastructure and processes, covering at least 75 % of the Uniothe existence of a clear pathway and sufficient capacity for the collected packaging waste to be directed to defined and recognised waste streams through infrastructure and established processes for reprocessing in actual systems proven in populerational environment, including packaging waste exported from the Union that meets the requirements of Article 47(5);
Amendment 239 #
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 240 #
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 286 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. All packaging shall be recyclable. Conformity with this paragraph shall be assessed based on criteria laid out in paragraph 2 of this Article.
Amendment 292 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) it is effectively and efficientlycan be recycled at scale so that: (i) it is included in a separately collectedion stream in accordance with Article 43(1) and (2);
Amendment 293 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) it is sorted into defined waste streams without affecting the recyclability of other waste streams;
Amendment 295 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
(d) it can be recycled so that the resulting secondary raw materials are of sufficient quality to substitute the primary raw materials;
Amendment 297 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point e
Article 6 – paragraph 2 – subparagraph 1 – point e
Amendment 303 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2 a (new)
Article 6 – paragraph 2 – subparagraph 2 a (new)
Member States shall endeavour to phase out the landfilling and/or incineration of packaging waste compliant with Article 6(2).2a. Member States shall endeavour to phase out the landfilling and/or incineration of packaging waste compliant with Article 6(2).
Amendment 310 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
Amendment 319 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Amendment 325 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 2
Article 6 – paragraph 5 – subparagraph 2
Amendment 326 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. TBy 31 December 2029, the Commission shall, for each packaging typecategory listed in Table 1 of Annex II, establish the methodology to assess if packaging is recyclable at scale. That methodology shall be adopted by delegated act and be based at least on the following elements:
Amendment 330 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) amounts of separately collected packaging waste, per packaging material listed in Table 1 of Annex II, in the Union as whole and in each Member State;, taking into account Member States obligation under Article 43 of this Regulation
Amendment 331 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – point d
Article 6 – paragraph 6 – point d
(d) installed infrastructure capacities for sorting and recycling in the Union as a whole for each packaging type listed in Table 1 of Annex II., taking into account Member States obligation under Article 43 of this Regulation
Amendment 333 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)
Article 6 – paragraph 6 – subparagraph 1 (new)
Failure by Member States to comply with Article 43 shall not lead to an assessment of noncompliance of certain packaging with Article 6 (2) (b).
Amendment 353 #
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 containproducers shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging as an average of their portfolio of plastic packaging placed on the Union market, as follows:
Amendment 370 #
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 containproducers shall ensure the following minimum percentage of recycled content recovered from post-consumer plastic waste, per unit of packaging as an average of its portfolio of plastic packaging placed on the Union market, as follows:
Amendment 387 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. lacquers, inks and adhesives.
Amendment 388 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. compostable plastic packaging;
Amendment 389 #
2022/0396(COD)
Amendment 402 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. By 31 December 2026Within 12 months from the date of entry into force of this Regulation, the Commission is empowered toshall 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 VIIas an average of its portfolio of plastic packaging placed on the Union market, and the format for the technical documentation referred to in Annex VII. The methodology shall be based on an EU harmonized fuel-exempt mass balance chain of custody method. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
Amendment 414 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
By 1 January 20285 years before the entry into force of paragraph 1 and 2 of this article, the Commission shall assess the need for derogations from the minimum percentage laid down in paragraph 1, points a, b and d, and in paragraph 2, points a, b and c for specific plastic packaging, or for the revision of the derogation established under paragraph 3 for specific plastic packaging.
Amendment 416 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Article 7 – paragraph 9 – subparagraph 2 – introductory part
Amendment 417 #
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 a, b and d, and in paragraph 2, points a, b and c for specific plastic packaging, and, as appropriate,
Amendment 421 #
2022/0396(COD)
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. Where justified by the lack of availability or excessive prices of specific recycled plastics that may have adverse effects on human or animal health, security of food supply or the environment, making compliance with the minimum percentages of recycled content set out in paragraphs 1 and 2 excessively difficult, the Commission shall be empowey means of an urgency procedured to be adopt aed by delegated act in accordance with Article 58, be empowered to amend paragraphs 1 and 2 by adjusting the minimum percentages accordingly. In evaluating the justification of such adjustment, the Commission shall assess requests from natural or legal persons to be accompanied by relevant information and data on the market situation for this post-consumer plastic waste and best available evidence regarding the related risks to human or animal health, to the security of food supply or to the environment.
Amendment 504 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. EBy 1 January 2030, 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 performance criteria listed in Part I of Annex IV.
Amendment 507 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
Amendment 510 #
2022/0396(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
Article 21 – paragraph 2 – subparagraph 1 – point b
Amendment 518 #
2022/0396(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 567 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 585 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
Amendment 601 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
Amendment 616 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
Amendment 630 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point b
Article 26 – paragraph 6 – point b
Amendment 641 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
Amendment 648 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 8 – point b
Article 26 – paragraph 8 – point b
Amendment 661 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 9 – point b
Article 26 – paragraph 9 – point b
Amendment 677 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 10 – point b
Article 26 – paragraph 10 – point b
Amendment 681 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 11 a (new)
Article 26 – paragraph 11 a (new)
11a. By 1 January 2030 or at the latest when carrying out an evaluation of this Regulation as prescribed in Article 63, the Commission shall evaluate the feasibility and need of proposing new reuse targets.
Amendment 685 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Article 26 – paragraph 12 – subparagraph 1 – introductory part
Amendment 690 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 2
Article 26 – paragraph 12 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, trays, plastic crates, intermediate bulk containers, drums and canisters, of all sizes and materials, not in direct contact with food or not made of food contact materials, including flexible formats.
Amendment 701 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 1
Article 26 – paragraph 13 – subparagraph 1
Amendment 705 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 13 – subparagraph 2
Article 26 – paragraph 13 – subparagraph 2
This obligation applies to pallets, boxes, excluding cardboard, plastic crates intermediate bulk containers, and drums, of all sizes and materials not in direct contact with food or not made of food contact materials, including flexible formats.
Amendment 730 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 15 a (new)
Article 26 – paragraph 15 a (new)
15a. In accordance with paragraph 2 of Article 4 of Directive 2008/98/EC, the obligation to meet the targets in paragraphs 2 to 10 shall not apply to economic operators that opt for single-use packaging formats delivering a better overall environmental outcome justified by life-cycle thinking through lifecycle assessments or product environmental footprint methods.
Amendment 740 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point a
Article 26 – paragraph 16 – point a
Amendment 744 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 – point c
Article 26 – paragraph 16 – point c
Amendment 749 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 16 a (new)
Article 26 – paragraph 16 a (new)
16a. Economic operators shall be exempted from the obligation to meet the targets laid down in paragraphs 2 to 6 of this Article when justified by hygiene, food safety or environmental performance preventing the achievement of those targets.
Amendment 783 #
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 separate collection of all packaging waste from the end usersnd infrastructures are set up to ensure that all packaging compliant with Article 6 paragraph 2 point (a) is included in a separate waste collection stream in order to ensure that it is treated in accordance with Articles 4, 11 and 13 of Directive 2008/98/EC, and to facilitate its preparation for re-use and high qualityensure recycling.
Amendment 791 #
2022/0396(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3a. Envisage the efforts of Member States to phase out the landfilling and/or incineration of recyclable packaging
Amendment 811 #
2022/0396(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. By [OP: Please insert the date = 8 years after the date of entry into force of this Regulation]31 December 2029, the Commission shall review the targets laid down in paragraph 1, points (c) and (d), of with a view to increaassessing them necessity orf setting further targets. for Member States to be reached by 2035 and 2040 based on the adopted common methodology for assessing recyclability at scale. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if the Commission finds it appropriate, by a legislative proposal.
Amendment 826 #
2022/0396(COD)
Proposal for a regulation
Annex II - Table 2 Recyclability performance grades
Annex II - Table 2 Recyclability performance grades
Recyclability Assessment of recyclability per unit, in weight Performance Grade Grade A higher or equal to 95 %Highest compatibility with design for recycling criteria Grade B hHigher or equal to 90 % Grade C higher or equal to 80 % Grade D higher or equal to 70 % Grade E lower than 70 % to medium compatibility with design for recycling criteria Grade C Medium compatibility with design for recycling criteria Grade D Medium to low compatibility with design for recycling criteria Grade E Not compatible with design for recycling criteria
Amendment 829 #
2022/0396(COD)
Proposal for a regulation
Annex IV – Part I – point 2
Annex IV – Part I – point 2
2. Packaging manufacturing processes: The packaging design shall be compatible with the packaging manufacturing and filling processes available on the market.
Amendment 832 #
2022/0396(COD)
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point a
Annex IV – Part II – paragraph 1 – point a
(a) for each performance criterion as listed in Part I, a list of design requirements which prevent further reduction of the packaging weight or volume without endangering the packaging functionality, including safety and hygiene, for the packaged product, packaging and user. The method used for the identification of these design requirements shall be described, and the reasons preventing further reduction of the packaging weight or volume shall be explained. All reduction opportunities with a given packaging material shall be investigated. It shall not be sufficient to substitute one packaging material with another;
Amendment 833 #
2022/0396(COD)
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point b
Annex IV – Part II – paragraph 1 – point b
Amendment 834 #
2022/0396(COD)
Proposal for a regulation
Annex IV – Part II – paragraph 1 – point c
Annex IV – Part II – paragraph 1 – point c
Amendment 836 #
2022/0396(COD)
Proposal for a regulation
Annex V
Annex V
Amendment 495 #
2022/0272(COD)
8. the type of technical security support offerguaranteed by the manufacturer and until when it will be provided, at the very least until when users can expect to receive security updates;
Amendment 35 #
Amendment 39 #
2022/0219(COD)
Draft legislative resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the need to spend European citizens' money more wisely,
Amendment 69 #
2022/0140(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In the context of the EHDS, the electronic health data already exists and is being collected by healthcare providers, professional associations, public institutions, regulators, researchers, insurers etc. in the course of their activities. Some categories of data are collected primarily for the provisions of healthcare (e.g. electronic health records, genetic data, claims data, etc.), others are collected also for other purposes such as research, statistics, patient safety, regulatory activities or policy making (e.g. disease registries, policy making registries, registries concerning the side effects of medicinal products or medical devices, etc.). For instance, European databases that facilitate data (re)use are available in some areas, such as cancer (European Cancer Information System) or rare diseases (European Platform on Rare Disease Registration, ERN registries, etc.). These data shcould also be made available on a voluntary basis and with the prior informed consent of individuals to whom the data relates, for secondary use. However, much of the existing health- related data is not made available for purposes other than that for which they were collected. This limits the ability of researchers, innovators, policy- makers, regulators and doctors to use those data for different purposes, including research, innovation, policy-making, regulatory purposes, patient safety or personalised medicine. In order to fully unleash the benefits of the secondary use of electronic health data, all data holders should contribute to this effort in making different categories of electronic health data they are holding available for secondary use.
Amendment 70 #
2022/0140(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The categories of electronic health data that can be processed for secondary use should be broad and flexible enough to accommodate the evolving needs of data users, while remaining limited to data related to health or known to influence health. It can also include relevant data from the health system (electronic health records, claims data, disease registries, genomic data etc.), as well as data with an impact on health (for example consumption of different substances, homelessness, health insurance, minimum income, professional status, behaviour, including environmental factors (for example, pollution, radiation, use of certain chemical substances). They can also include person-generated data, such as data from medical devices, wellness applications or other wearables and digital health applications. The data user who benefits from access to datasets provided under this Regulation could enrich the data with various corrections, annotations and other improvements, for instance by supplementing missing or incomplete data, thus improving the accuracy, completeness or quality of data in the dataset. To support the improvement of the original database and further use of the enriched dataset, the dataset with such improvements and a description of the changes shcould be made available on a voluntary basis free of charge to the original data holder. The data holder should make available the new dataset, unless it provides a justified notification against it to the health data access body, for instance in cases of low quality of the enrichment. Secondary use of non-personal electronic data should also be ensured. In particular, pathogen genomic data hold significant value for human health, as proven during the COVID-19 pandemic. Timely access to and sharing of such data has proven to be essential for the rapid development of detection tools, medical countermeasures and responses to public health threats. The greatest benefit from pathogen genomics effort will be achieved when public health and research processes share datasets and work mutually to inform and improve each other.
Amendment 73 #
2022/0140(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The data holders can be public, non for profit or private health or care providers, public, non for profit and private organisations, associations or other entities, public and private entities that carry out research with regards to the health sector that process the categories of health and health related data mentioned above. In order to avoid a disproportionate burden on small entities, micro-enterprises are excluded from the obligation to make their data available for secondary use in the framework of EHDS. The public or private entities often receive public funding, from national or Union funds to collect and process electronic health data for research, statistics (official or not) or other similar purposes, including in area where the collection of such data is fragmented of difficult, such as rare diseases, cancer etc. Such data, collected and processed by data holders with the support of Union or national public funding, shcould be made available by data holders to health data access bodies, in order to maximise the impact of the public investment and support research, innovation, patient safety or policy making benefitting the society. In some Member States, private entities, including private healthcare providers and professional associations, play a pivotal role in the health sector. The health data held by such providers should also be made available for secondary use. At the same time, data benefiting from specific legal protection such as intellectual property from medical device companies or pharmaceutical companies often enjoy copyright protection or similar types of protection. However, public authorities and regulators should have access to such data, for instance in the event of pandemics, to verify defective devices and protect human health. In times of severe public health concerns (for example, PIP breast implants fraud) it appeared very difficult for public authorities to get access to such data to understand the causes and knowledge of manufacturer concerning the defects of some devices. The COVID-19 pandemic also revealed the difficulty for policy makers to have access to health data and other data related to health. Such data should be made available for public and regulatory activities, supporting public bodies to carry out their legal mandate, while complying with, where relevant and possible, the protection enjoyed by commercial data. Specific rules in relation to the secondary use of health data should be provided. Data altruism activities may be carried out by different entities, in the context of Regulation […] [Data Governance Act COM/2020/767 final] and taking into account the specificities of the health sector.
Amendment 148 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Data holders shall, on a voluntary basis and with the prior informed consent of the individual persons to whom the data relates, can make the following categories of electronic data available for secondary use in accordance with the provisions of this Chapter:
Amendment 153 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
Amendment 167 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point n
Article 33 – paragraph 1 – point n
Amendment 184 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where the consent of the natural person is required by national law, health data access bodies shall rely on the obligations laid down in this Chapter to provide access to electronic health data., if not in conflict with national legislation;
Amendment 186 #
2022/0140(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 198 #
2022/0140(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) activities for reasons of public interest in the area of public and occupational health, such as protection against serious cross-border threats to health, public health surveillance or ensuring high levels of quality and safety, safety and effectiveness of healthcare and of medicinal products or medical devices, in order to evaluate the risks and benefits of pharmaceutical products approved, authorized by or submitted for approval or authorization to the EMA or other national pharmaceutical agencies;
Amendment 207 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) taking decisions or allowing actions of any kind detrimental to a natural person based on their electronic health data; in order to qualify as “decisions”, they must produce legal effects or similarly significantly affect those natural persons;
Amendment 208 #
2022/0140(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) taking decisions in relation to a natural person or groups of natural persons to exclude them from the benefit of an insurance contract or to modify their contributions and insurance premiums, or in order to limit or suspend their fundamental rights as identified by the ECHR;
Amendment 299 #
2022/0140(COD)
Proposal for a regulation
Article 48
Article 48
Amendment 317 #
2022/0140(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Non-personal electronic data made available by health data access bodies, that are based on a natural person’s electronic data falling within one of the categories of Article 33 [(a), (e), (f), (i), (j), (k), (m)] shall be deemed highly sensitive within the meaning of Article 5(13) of Regulation […] [Data Governance Act COM/2020/767 final], provided that their transfer to third countries presents a risk of re-identification through means going beyond those likely reasonably to be used, in view of the limited number of natural persons involved in that data, the fact that they are geographically scattered or the technological developments expected in the near future.
Amendment 319 #
2022/0140(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The enforced protective measures for the categories of data mentioned in paragraph 1 shall depend on the nature of the data and anonymization techniques and range from denial to assignment to conditional authorization; they shall be specified and shall be detailed in the Delegated Act under the empowerment set out in Article 5(13) of Regulation […] [Data Governance Act COM/2020/767 final].
Amendment 325 #
2022/0140(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. A European Health Data Space Board (EHDS Board) is hereby established to facilitate cooperation and the exchange of information among Member States. The EHDS Board shall be composed of the high level representatives of digital health authorities and health data access bodies of all the Member States. Other national authorities, including market surveillance authorities referred to in Article 28, European Data Protection Board and European or National Data Protection Supervisors may be invited or participate on their own initiative to the meetings, where the issues discussed are of relevance for them. The Board may also invite experts and observers to attend its meetings, and may cooperate with other external experts as appropriate. Other Union institutions, bodies, offices and agencies, research infrastructures and other similar structures shall have an observer role.
Amendment 329 #
2022/0140(COD)
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. Stakeholders and relevant third parties, including patients’ representatives, shall be invited upon request to attend meetings of the EHDS Board and to participate in its work, depending on the topics discussed and their degree of sensitivity.
Amendment 332 #
2022/0140(COD)
Proposal for a regulation
Article 64 – paragraph 6
Article 64 – paragraph 6
6. The Commission shall chairParliamentary committee ENVI, LIBE and ITRE, represented by their respective Presidents or Vice Presidents, shall chair in rotation the meetings of the EHDS Board.
Amendment 21 #
2022/0104(COD)
Proposal for a directive
Recital 1
Recital 1
Amendment 22 #
2022/0104(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 24 #
2022/0104(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience. In order to achieve these objectives, sustainable domestic capacities need to be further developed. This requires effective, tailored and harmonised measures to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment . The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU.
Amendment 26 #
2022/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may havepartly contributes to pollutant emissions into the air and water. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 28 #
2022/0104(COD)
Proposal for a directive
Recital 6
Recital 6
(6) With a view to further strengthening public access to environmental information, it ishould be necessary to clarify that permits for installationa uniform summary of permits for companies granted pursuant to Directive 2010/75/EU are toshould be made available to the public on the Internet, free of charge and without restricting access to registered users. A uniform summary of permits should also be made available to the public under the same conditions.
Amendment 33 #
2022/0104(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT-AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
Amendment 37 #
2022/0104(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, mandatoryindicative environmental performance limit values on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.
Amendment 40 #
2022/0104(COD)
Proposal for a directive
Recital 17
Recital 17
(17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles, in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.
Amendment 41 #
2022/0104(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies. It is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. This willshould also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).
Amendment 42 #
2022/0104(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst tThe transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public. _________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 43 #
2022/0104(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public. _________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 46 #
2022/0104(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 47 #
2022/0104(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 48 #
2022/0104(COD)
Proposal for a directive
Recital 36
Recital 36
(36) When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern, which may be emitted from the concerned installation and may have a significantharmful impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679 . _________________ 79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1).
Amendment 61 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 2010/75/EU
Article 3 – paragraph 1 – point (17)
Article 3 – paragraph 1 – point (17)
(17) ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest;.
Amendment 62 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – points (23 a) (new) – (23 b) (new) and (23 c) (new)
Article 3 – paragraph 1 – points (23 a) (new) – (23 b) (new) and (23 c) (new)
Amendment 85 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 90 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Member States shall ensure that a summary of each permits granted pursuant to this Article arshall be made available to the public on the Internet, free of charge and without restricting access to registered users. In addition, a summary of each permit shall be made available to the public under the same conditions. That summary shall include at least the following:
Amendment 91 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 92 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 93 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 94 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 95 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 104 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2, after letter (c)
Article 8 – paragraph 2, after letter (c)
Where the breach of the permit conditions poses an immediate danger to human health or threatens to causes an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co- incineration plant or relevant part thereof shall be suspended without any delay.
Amendment 108 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 117 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission.
Amendment 122 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point ii
Article 1 – paragraph 1 – point 10 – point a – point ii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (a)
Article 14 – paragraph 1 – subparagraph 2 – point (a)
Amendment 140 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall require the operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS.
Amendment 147 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 3
Article 14 a – paragraph 3
3. The EMS of an installation company shall be made available on the Internet, free of charge and without restricting access to registered users..
Amendment 158 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:
Amendment 165 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
3a. The competent authority shall set indicative environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).
Amendment 184 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – first paragraph
Article 18 – first paragraph
Amendment 185 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – second paragraph
Article 18 – second paragraph
Amendment 218 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – first part
Article 27 d (new) – paragraph 1 – first part
Member States shallcould require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installationthe company's grouped activities carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installationcompany will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.
Amendment 223 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75 EU
Article 27 d (new) – paragraph 1 – first part
Article 27 d (new) – paragraph 1 – first part
Member States shallcould require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out anythe company grouped activityies as listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installationcompany will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.
Amendment 226 #
2022/0104(COD)
Amendment 237 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Article 27 d (new) – paragraph 2 – first part
Member States shall require that, as part of the reir view of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying outat company level, of any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installationcompany will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.
Amendment 240 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Article 27 d (new) – paragraph 2 – second part
Amendment 248 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
Article 27 d (new) – paragraph 3
3. The operatorcompany shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.
Amendment 256 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
After Article 70 – new heading
After Article 70 – new heading
Amendment 258 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
New articles 70a to 70i, after the new heading "CHAPTER VIa"
New articles 70a to 70i, after the new heading "CHAPTER VIa"
Amendment 261 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74
Article 74
Amendment 335 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Amendment 346 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
Article 3 – paragraph 1 – point 23 c
(23c) ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’. **Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18)a standard unit of measurement used to compare different animals categories bred in intensive rearing which fall under the scope of this Directive and whose unit coefficients are listed in Annex Ib.
Amendment 1229 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
SPECIAL PROVISIONS FOR REARINGTHE MOST POLLUTANT POULTRY, AND PIGS AND CATTLEINTENSIVE REARINGS
Amendment 1264 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Amendment 1376 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 1 – point a
Article 70h – paragraph 1 – subparagraph 1 – point a
(a) they have a sufficienlegitimate and direct interest;
Amendment 1408 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.
Amendment 1462 #
2022/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – introductory part
Article 74 – paragraph 2 – subparagraph 1 – introductory part
2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industrial activity that meets the following criteria:
Amendment 169 #
2022/0094(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to establish well- functioning information flows, including via electronic means, to ensure that coherent and transparent information about construction products performances is available along the supply chain. This is expected to increase transparency and to improve efficiency in terms of information transfer. Ensuring also digital access to comprehensive information about construction products would contribute to the digitalisation ofmake the construction sector altogether, making the framework fit for the digital age. Access to reliable and durable information would also mean that economic operators and other actors do not contribute to each other’s non-compliance.
Amendment 170 #
2022/0094(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 176 #
2022/0094(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change, makes it necessary to establish new environmental obligations makes it necessary to lay down a framework for declaring environmental and sustainability performance of construction products, including the possibility of establishing relevant thresholds and classes, and to lay the ground and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
Amendment 178 #
2022/0094(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure safety and protection of the environment and to close a regulatory loophole that would otherwise exist, it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. Micro-enterprises, however, often individually manufacture and install products on site. Subjecting those micro- enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro- enterprises. It is therefore necessary to enable Member States to exempt micro- enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected.
Amendment 180 #
2022/0094(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Creating a Union market for small prefabricated one-family houses has a potential to reduce the price of housing and to have positive social and economic effects. Fairness to consumers remains a priority, specifically but not limited to ensuring affordability of housing in the context of the green transition, in line with Proposal for Council Recommendation on Ensuring a fair transition towards climate neutrality40 , in particular recommendations 7 a)-c). It is therefortherefore it should be necessary to lay down harmonised rules for such small houses. However, small houses are also construction works, for which the Member States are competent. As it might not be possible to integrate cumulatively all national requirements for small prefabricated one-family houses into the future harmonised technical specifications, Member States should have the right to opt out of the application of rules that are to apply to those pre-fabricated one-family houses. _________________ 40 Proposal for a Council Recommendation on Ensuring a fair transition towards climate neutrality COM(2021)801final 2021/0421 (NLE)
Amendment 182 #
2022/0094(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The compliance of construction products with Union legislation often depends on the compliance of their key parts with that legislation. However, because key parts are often integrated into various construction products, the protection of safety and of the environment, including climate, is better achieved when those key parts are assessed upstream, that is when the performance and conformity of key parts will be assessed beforehand and independently from the assessment of the final construction product into which they are integrated. Similarly, market surveillance becomes more efficient when non-compliant key parts can be identified and targeted. Hence, it is necessary to lay down rules applicable to key parts of construction products.
Amendment 183 #
2022/0094(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Construction products that have already been assessed and are reused should not be subject to the rules that apply to new construction products. However, used construction products that have never been placed on the Union market before, should be strictly subject to the same rules as new construction products, given that such products have never been assessed.
Amendment 186 #
2022/0094(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Where harmonised standards lay down the rules for the assessment of performances with regard to essential characteristics relevant for the construction codes of Member States, harmonised standards should be rendered mandatory for purpose of application of this Regulation, as only such standards reach the goal of permitting the free circulation of products, whilst ensuring the Member States’ ability to request safety and environmental, including climate-related, product characteristics in view of their specific national situation. When pursued together, these two goals require that products are assessed by a single assessment method, therefore the method needs to be mandatory. However, voluntary standards can be used to make product requirements, specified for the relevant product family or category by Delegated Acts, even more concrete, following the path of Decision 768/2008 of the European Parliament and of the Council. In line with Decision 768/2008, those standards should be able to provide a presumption of conformity with the requirements covered by them.
Amendment 188 #
2022/0094(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives are necessary. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category.
Amendment 191 #
2022/0094(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) A circular economy, the key element of the Circular Economy Action Plan, can be promoted by mandatory deposit-refund systems and the obligation to take back unused products. Member States should therefore be allowed to take such measures.
Amendment 192 #
2022/0094(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate, would be assessed in parallel under this Regulation and other Union law.
Amendment 196 #
2022/0094(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obligedguided in order to reach a fair level of environmental sustainability, both for their products and their manufacturing. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.
Amendment 197 #
2022/0094(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers should favour re-use, remanufacturing and recycling of their products. The (preparation for) re-use, remanufacturing and recycling require certain design, namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed, blended or intricate materials. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.
Amendment 205 #
2022/0094(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to be able to make informed choices, users of construction products should be sufficiently well informed about the environmental performances of products, about their conformity with environmental requirements and of the degree of fulfilment of manufacturer’s environmental obligations in this regard. Therefore, the Commission is empowered to adopt delegated acts to establish specific labelling requirements which might include the easily understandable traffic light labelling.
Amendment 206 #
2022/0094(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Certain manufacturer’s obligations, such as assessment of environmental sustainability or giving preference to recyclable materials, can hardly be fulfilled in case of used, remanufactured or surplus products. Economic operators enabling reuse or undertaking remanufacturing should thus be exempted from these obligations, the more so as the reuse and remanufacturing are beneficial to the environment.
Amendment 211 #
2022/0094(COD)
Proposal for a regulation
Recital 89
Recital 89
Amendment 212 #
2022/0094(COD)
Proposal for a regulation
Recital 91
Recital 91
Amendment 219 #
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 221 #
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 282 #
2022/0094(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) the standards referred to in the first subparagraph of Article 4(2) are not in line with EU climate and environmental legislation and ambition;
Amendment 336 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where diverging statements of non- compliance of an economic operator or of a product and requests for corrective action emanate from authorities of different Member States, an economic operator shall take differentiated measures, subject to where the products are intended to be made available on the market or directly installed. Where this is not possible or where a more severe measure imposed by one Member State encompasses the less severe measure imposed by another, the more severe measure shall be taken. Where these rules do not lead to a clear result, the Member States concerned and the Commission, and, on their request, other Member States shall try to find a common solution and, if need is, adopt an implementing act in accordance with Article 33.
Amendment 338 #
2022/0094(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point v
Article 19 – paragraph 3 – subparagraph 2 – point v
Amendment 342 #
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 possibly the 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 353 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part
Article 22 – paragraph 2 – subparagraph 1 – point a – introductory part
(a) design and manufacture products and their packaging in such a way that their overall environmental, including climate sustainability reaches the state of the art level, unless a lower level:
Amendment 356 #
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;
Amendment 285 #
2022/0047(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 293 #
2022/0047(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 301 #
2022/0047(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 364 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) manufacturers of products and suppliers of related services placed on the market in the Union, irrespective of their place of establishment, and the users of such products or services;
Amendment 366 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) data holders, irrespective of their place of establishment, that make data available to data recipients in the Union;
Amendment 375 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) providers of data processing services, irrespective of their place of establishment, offering such services to customers in the Union.
Amendment 537 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) whether the manufacturer supplying the product or the service provider providing the related service intends tocan use the data itself or allow a third party to use the data and, if so, the purposes for which those data will be used;
Amendment 594 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The data holder shall only use any non-personal data generated by the use of a product or related service on the basis of a contractual agreement with the user. The data holder shall not use such data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or the use by the user that could undermine the commercial position of the user in the markets in which the user is active. Similarly, the data holder shall not use such data to obtain information on the user's health.
Amendment 659 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user, and in any case upon explicit consent;
Amendment 757 #
2022/0047(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 768 #
2022/0047(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 799 #
2022/0047(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 807 #
2022/0047(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 870 #
2022/0047(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 889 #
2022/0047(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 917 #
2022/0047(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 936 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. A public sector body or a Union institution, agency or body shall be entitled to share data received under this Chapteranonymized, pseudonymized or aggregated data received with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested, or to national statistical institutes and Eurostat for the compilation of official statistics.
Amendment 942 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 947 #
2022/0047(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 987 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+31yrs], providers of data processing services may impose reduced charges on the customer for the switching process.
Amendment 1108 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point b
Article 31 – paragraph 3 – point b
(b) handling complaints arising from alleged violations of this Regulation, and investigating, to the extent appropriate, the subject matter of the complaint and informing the complainant of the progress and the outcome of the investigation within a reasonable periodsix months, in particular if further investigation or coordination with another competent authority is necessary;
Amendment 1109 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point d
Article 31 – paragraph 3 – point d
(d) imposing, through administrative procedures, dissuasive financial penalties which may include periodic penalties and penalties with retroactive effect, or initiating legal proceedings for the imposition of finesfines which cannot be retroactive;
Amendment 1134 #
Amendment 1136 #
2022/0047(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall lay down the rules on penaltifines applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penaltifines provided for shall be effective, proportionate and dissuasive.
Amendment 169 #
2022/0039(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) The Programme’s governmental services will be used in security and safety critical missions and operations by Union and Member State actors. Therefore, iIn order to protect the essential security interest of the Union and its Member States, measures to ensure a necessary level of non-dependence on third parties (third countries and entities from third countries) are needed, covering all Programme elements. This includes space and ground technologies at component, subsystem and system level, manufacturing industries, owners and operators of space systems, and physical location of ground system components.
Amendment 171 #
2022/0039(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Given its worldwide coverage, the Programme has a strong international dimension. International partners, their governments and citizens will be recipients of the Programme’s array of services with accrued benefits to the international cooperation of the Union and the Member States with these partners. For matters relating to the Programme, the Commission might coordinate, on behalf of the Union and in its field of competence, the activities on the international scene. In particular, the Commission, as regards the Programme, would defend the interests of the Union and the Member States in international fora, including in the area of frequencies, without prejudice to Member States’ competence in that area.
Amendment 173 #
2022/0039(COD)
Proposal for a regulation
Recital 63
Recital 63
Amendment 210 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
Amendment 218 #
2022/0039(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) allow further development of high- speed broadband and seamless connectivity throughout the Union, removing communication dead zones and increasing cohesion across Member State territories, and allow connectivity over geographical areas of strategic interest outside of the Union.
Amendment 241 #
2022/0039(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Amendment 275 #
2022/0039(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 281 #
2022/0039(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The implementing acts referred to in paragraphs 2 and 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 42(2).
Amendment 285 #
2022/0039(COD)
Amendment 357 #
2022/0039(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 368 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. In accordance with the conditions laid down in a specific agreement concluded in accordance with Article 218 TFEU covering the participation of a third country to any Union programme, the Programme shall be open to the participation of members of the European Free Trade Association (EFTA) which are members of the European Economic Area (EEA), as well as of the following third countries:.
Amendment 369 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
Amendment 370 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
Amendment 371 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
Amendment 372 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 373 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 3 – introductory part
Article 36 – paragraph 3 – introductory part
3. The specific agreement referred to in paragraphs 1 and 2 shall:
Amendment 374 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
Amendment 375 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
Amendment 377 #
2022/0039(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 378 #
2022/0039(COD)
Proposal for a regulation
Article 37
Article 37
Access to the governmental services by third countries and international Third countries and international organisations may have access to the governmental services provided that: (a) they conclude an agreement, in accordance with Article 218 TFEU, laying down the terms and conditions for access to governmental services; (b) they comply with Article 43(1) of Regulation (EU) 2021/696. For the purposes of this Regulation, the references to ‘the Programme’ in Article 43(1) of Regulation (EU) 2021/696 shall be construed as references to ‘the Programme’ established by this Regulation.rticle 37 deleted organisations
Amendment 60 #
2021/2186(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Emphasises that the measures related to the COVID-19 pandemic adopted by many of the Member States have interfered with the rights and freedoms guaranteed by the Union’s legal order, such as the freedom of movement of persons, including travelling within the EU and within countries, the freedom of expression and information, the right to work, to attend educational establishments of all types and at all levels, and the right to privacy and data protection, especially in relation to public health and measures taken in order to safeguard it; stresses that the measures taken to contain the pandemic must be in accordance with the rules and principles of the Charter;
Amendment 65 #
2021/2186(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Expresses its grave concern about several exceptional actions, which seriously violate fundamental rights, taken by the Member States to combat the impact of the COVID- 19 pandemic; calls on the Commission to monitor the emergency measures put in place to deal with the pandemic in the light of the EU’s founding values as laid down in Article 2 of the Treaty on European Union, including fundamental rights, and to take action, where necessary, to uphold the rule of law and democracy;
Amendment 71 #
2021/2186(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Notes with regret the high number of petitions concerning emergency quarantine measures that have been adopted by several Member States as a result of the pandemic and which may have restricted citizens’ rights and freedoms, such as the freedom of expression and information, the freedom of assembly and of association, and the freedom of movement and of residence; calls, therefore, on the Committee on Petitions of the European Parliament to step up its work in relation to the texts submitted by citizens and calls on the Commission and the Member States to take urgent action to effectively tackle COVID-19-related discrimination, hate speech and racism against all individuals, including ethnic minority groups, migrants and refugees, or people with a migrant background;
Amendment 45 #
2021/2180(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Is deeply concerned about the status of Poland’s Constitutional Tribunal, the close connection between prosecutors and the government (in particular the Public Prosecutor General/Minister of Justice) and the complete disregard for not only EU law requirements, but also European Convention on Human Rights and Polish Constitutional requirements2; is further concerned about the impartiality of the judiciary in Hungary3 and the independence of the judiciary in Spain4; highlights the repeated and widespread violations in Italy of human rights regarding dignity, equality, non- discrimination, work, individual freedom, health, education, legal defence and protection of juveniles and the elderly, as well as a number of fundamental individual freedoms, resulting from restrictive and punitive measures against citizens speaking out against government policy; expresses particular concern at the segregation of inhabitants of the larger islands of Sicily and Sardinia and of all the smaller islands owing to a ban on the use of public transport by those without vaccination certificates, the financial hardship being created for the elderly by denying them access to public pensions offices to withdraw their entitlements without a third vaccine dose and prohibiting healthy members of parliament from voting, even outdoors, without a COVID vaccination certificate, while MPs who have tested positive for COVID are allowed to do so; _________________ 2 Petitions No 0559/2020, 1154/2020, 1246/2020, 1360/2020 and 0869/2021. 3 Petition No 1512/2020. 4 Petitions No 1180/2020, 1182/2020, 1326/2020, 1367/2020, 1561/2020 and 0353/2021.
Amendment 46 #
2021/2180(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Expresses alarm at the drift away from democratic values and at the strongly discriminatory policies being adopted by a number of Member States, especially Italy, as well as Austria, Germany, France and Latvia; strongly condemns all COVID countermeasures that infringe the fundamental rights of European Union citizens and calls on the Commission to urgently initiate any action, including infringement proceedings, that are necessary to bring them to a halt;
Amendment 68 #
2021/2180(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets the fact that that the safety of journalists is not universally guaranteed; underlines the importance of media pluralism and the need to protect journalists against threats and attacks in order to assure freedom of expression and the right to information and safeguard the journalistic profession and its independence from any form of political pressure or lobbying; calls on the Commission accordingly to introduce and strictly enforce appropriate limits on public funding for the press and the media in general and to impose a cap on private funding by specific groups or individuals;
Amendment 86 #
2021/2180(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Is concerned about the increase in hate crimes against minorities, in particular those related to religious beliefs, political ideas and sexual orientation12; is aware of the difficult balance between hate speech and freedom of expression and acknowledges that the boundaries are hard to definebut nevertheless considers it necessary for the Commission to condemn and penalise any public utterances - especially by those in positions of particular influence or institutional prominence - that are seriously discriminatory, inciting hatred of minorities or certain categories of individuals, even where motivated by ideological, political or public health concerns; _________________ 12 Petitions No 0354/2020, 0657/2020, 1038/2020, 0471/2021, 0480/2021, 0667/2021, 0704/2021, 0725/2021, 0820/2021, 0855/2021 and 0894/2021.
Amendment 11 #
2021/2166(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the role of the better regulation programme is improving regulatory principles and reducing unnecessary burdens for businesses and citizens; underlines the importance of enabling citizens to fully exercise their democratic right to participate in the EU’s decision-making process and ensuring citizens’ direct participation; underlines that it is essential for the EU to ensure increased transparency at different levels of policy-making; calls on the Commission to continuously improve public consultations in order to ensure citizens’ participation and to take into account their feedback fromand that of other institutions on such activities; stresses that public consultations on better law-making in the EU should be accessible to citizens and civil society through different outreach channels, should be translated into all official and co-official languages of the Member States, and should have easy-to-access documents;
Amendment 21 #
2021/2166(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers, as the committee most directly engaged with the public, that a democratic approach and shared political accountability remain the strongest control mechanisms in any constitutional democracy, including in the EU;
Amendment 23 #
2021/2166(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that continuous attentive review of citizens’ petitions presents great opportunitiesshould be performed diligently and continuously to ensure that European citizens have an essential democratic instrument to make better regulation more inclusive and efficient and to improve policymakers’ understanding of local and regional realities;
Amendment 28 #
2021/2166(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that better regulation is an overarching principle in all Commissioners’ mission letters; calls on the Commission and Council to improve the rules and procedures of the preparatory phases of their respective legislative processes, with a particular focus on examining the short-term impact and the future effects of legislative measures;
Amendment 36 #
2021/2166(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that the Commission, in its efforts to ensure that EU policies draw on a clear understanding of policy areas subject to rapid structural change such as the environment and digitalisation, should make use of the input included in the petitions of citizens and civil society organisations; considers citizens’ participation key in policy areas such as fundamental rights, respect for rule of law, and discrimination against women, migrants and LGTBIQ personsthe fight against all forms of discrimination on any ground whatsoever;
Amendment 38 #
2021/2166(INI)
7. Calls on the Commission to seize the opportunity for a revamped and effective better regulation programme to help EU governance adapt to a post- pandemic ‘new normal’,restore a situation of normality and social calm, while fully respecting the human rights of all citizens, after the imbalances of the pandemic period, and to improve law- making and be more responsive to citizens’ concerns;
Amendment 52 #
2021/2099(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that, while being at the core of the European project, the freedom of movement has been severely affected by the unprecedented health crisis brought by the COVID-19 outbreak and the related national emergency measures, including travel restrictions, the introduction of digital COVID certificates to be able to work or attend university, and the reintroduction of internal border controls; reiterates that these measures have had a significant negative impact on private lives, work, families and economic and social conditions as evidenced by a large number of petitions; stresses that all national emergency measures should be proportionate to their initial aim of containing the COVID-19 outbreak and should never be in breach of fundamental human rights such as the right to work or education; calls on the Commission, in this regard, to continue monitoring COVID-19 measures and their effect on EU citizenship rights and encourages it to take all necessary measures to restore respect for the fundamental rights enshrined also in the EU Charter of Fundamental Rights; urges the Member States to phase out national emergency measures as soon as they are no longer necessary;
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 7 #
2021/2060(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Insists that courts, administrative bodies and social welfare institutions should make the best interests of the child a primary consideration when taking any decision concerning the child; stresses that such decisions should be made on an individual basis, taking into consideration the specific circumstances of the child and their family and avoiding conscious or unconscious bias, and also giving due consideration to any conflicts of interest of those applying for or holding custody;
Amendment 36 #
2021/2060(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Underlines that the exercise of a fundamental right such as freedom of movement and freedom of residence should not pose a greater threat to the child’s rights, that children involved in cross-border civil and family law disputes should enjoy the same rights and level of protection in all Member States, and that children whose parents exercise their right to freedom of movement have the right to maintain a personal relationship and direct contact with their parents on a regular basis, unless it is contrary to the best interests of the child;
Amendment 49 #
2021/2060(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Calls on the Member States to guarantee regular visitation rights for parents unless it is detrimental to the best interests of the child, and to allow parents to use their mother tongue with their children during visits;
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 81 #
2021/2010(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that on average digital business models face significantly lower effective tax rates than traditional business models which rely on physical presence; regrets that tax avoidance 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; considers it unacceptable for digital businesses to pay tax on profits at an average rate of 9% whilst the rate for businesses in the traditional economy is 23% and that for GAFAM in particular (Google, Amazon, Facebook, Apple, Microsoft) is 1%;
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 93 #
2021/2010(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. We should request the introduction of safeguards to ensure that any additional taxation of the digital businesses referred to in the text does not result in any additional economic burden on their clients;
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 237 #
2021/2010(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the conclusions of the European Council of 21 July 2021, which task the Commission with putting forward proposals for additional own resources incluregarding a digital levy;
Amendment 291 #
2021/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As announced in the Green Deal, the Commission presented its Renovation Wave strategy on 14 October 202030 . The strategy contains an action plan with concrete regulatory, financing and enabling measures, with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations. The revision of the Energy Performance of Buildings Directive is necessary as one of the vehicles to deliverSuch objective is yet not realistically achievable in such a short time, considering the prevailing low energy rates of public and private buildings in some member states and in view onf the Renovation Wave. It will also contribute to delivering on the New European Bauhaus initiative and the European mission on climate-neutral and smart cities. current crisis in raw materials supply. Therefore, those targets can be pursued in a timing that can be respected by all Member States, following an economically and socially sustainable roadmap. _________________ 30 A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives, COM/2020/662 final.
Amendment 331 #
2021/0426(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 344 #
2021/0426(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. A review of this framework should enable the calculation of both energy and emission performance and should take into account environmental and health externalities, as well as the ETS extension and carbon prices. Member States should use that framework to compare the results with the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. The estimated economic lifecycle of a building or building element should be determined by Member States, taking into account current practices and experience in defining typical economic lifecycles. The results of that comparison and the data used to reach those results should be regularly reported to the Commission. Those reports should enable the Commission to assess and report on the progress of Member States in reaching cost-optimal levels of minimum energy performance requirements. Buildings have an impact on long-term energy consumption. Given the long renovation cycle for existing buildings, new and existing buildings that are subject to major renovation should therefore meet minimum energy performance requirements adapted to the local climate. As the application of alternative energy supply systems is not generally explored to its full potential, alternative energy supply systems should be considered for new buildings, regardless of their size, pursuant to the principle of first ensuring that energy needs for heating and cooling are reduced to cost-optimal levels.
Amendment 349 #
2021/0426(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buThe target of prevaildings should be zero- emission buildings, and all existing buildings should be transformed into zero-emission build should be pursued by financial incentives to building renovation supported by EU grants. Energy transition timing and social costs must be taken into account when establishing any target deadlinges by 2050member states.
Amendment 369 #
2021/0426(COD)
Proposal for a directive
Recital 24
Recital 24
(24) As regards the rest of the national building stock, Member States are free to decide whether they wish to introduce minimum energy performance standards, designed at national level and adapted to national conditions. When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.
Amendment 380 #
2021/0426(COD)
(27) The Union-wide minimum energy performance standards should be based on harmonised energy performance classes. By defining the lowest energy performance class G as the worst-performing 15% of each Member State’s national building stock, the harmonisation of energy performance classes ensures similar efforts by all Member States, while the definition of the best energy performance class A ensures the convergence of the harmonised energy performance class scale towards the common vision ofriented to zero-emission buildings.
Amendment 384 #
2021/0426(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To achieve a highly energy efficient and decarbonised building stock and the transformation of exia economically and socially sustaingable percentage of buildings into oriented to zero-emission buildings by 2050, Member States should establish national building renovation plans, which replace the long- term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council36 , Member States should provide an outline of financing measures, as well as an outline of the investment needs and the administrative resources for the implementation of their building renovation plans. _________________ 36 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 386 #
2021/0426(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The national building renovation plans should be based on a harmonised template in order to ensure comparability of plans. In order to ensure the required ambition, the Commission should assess the draft plans and issue recommendations to Member States.
Amendment 392 #
2021/0426(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Staged renovation can be a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’. However, such staged renovation needs to be carefully planned in order to avoid that one renovation step precludes necessary subsequent steps. Renovation passports provide a clear roadmap for staged renovation, helping owners and investors plan the best timing and scope for interventions. Therefore, renovation passports should be made available as a voluntary tool to building owners across all Member States.
Amendment 405 #
2021/0426(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to foster deep renovation, which is one of the goals of the Renovation Wave strategy, Member States should give enhanced financial and administrative support to deep renovation. based on EU grants.
Amendment 417 #
2021/0426(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Pre-cabling provides the right conditions for the rapid deployment of recharging points if and where they are needed. Readily available infrastructure will decrease the costs of installation of recharging points for individual owners and ensure that electric vehicle users have access to recharging points. Establishing requirementproper incentives for electromobility at Union level concerning the pre-equipping of parking spaces and the installation of recharging points is an effective way to promote electric vehicles in the near future while enabling further development at a reduced cost in the medium to long term. Where technically feasible, Member States should ensure the accessibility of recharging points for persons with disabilities.
Amendment 427 #
2021/0426(COD)
Proposal for a directive
Recital 43
Recital 43
(43) The introduction of smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.
Amendment 432 #
2021/0426(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Access to sufficient grants and funding is crucial to meet the 2030 and 2050 energy efficiency targets. Union financial instruments and other measures have been put into place or adapted with the aim of supporting the energy performance of buildings . The most recent initiatives to increase the availability of financing at Union level include, inter alia, the ‘Renovate’ flagship component of the Recovery and Resilience Facility established by Regulation (EU) 2041/241 of the European Parliament and the Council39 and the Social Climate Fund established by Regulation (EU) …/…. Several other key EU programmes can support energy renovation under the 2021- 2027 Multiannual Financial Framework, including the cohesion policy funds and the InvestEU Fund established by Regulation (EU) 2021/523 of the European Parliament and of the Council40 . Through Framework Programmes for research and innovation, the Union invests in grants or loans to push the best technology and improve the energy performance of buildings, including through partnerships with industry and Member States such as the Clean Energy Transition and Built4People European Partnerships. _________________ 39 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021) 40 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107, 26.3.2021, p. 30).
Amendment 433 #
2021/0426(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Financial mechanisms, EU grants, incentives and the mobilisation of financial institutions for energy renovations in buildings should play a central role in national building renovation plans and be actively promoted by Member States. Such measures should include encouraging energy efficient mortgages for certified energy efficient building renovations, promoting investments for public authorities in an energy efficient building stock, for example by public- private partnerships or energy performance contracts or reducing the perceived risk of the investments.
Amendment 439 #
2021/0426(COD)
Proposal for a directive
Recital 47
Recital 47
(47) FEU grants and financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one- stop-shops that provide integrated energy renovation services or facilitators, as well as implementing other measures and initiatives such as those referred to in the Commission’s Smart Finance for Smart Buildings Initiative, is indispensable to provide the right enabling framework and break barriers to renovation.
Amendment 446 #
2021/0426(COD)
Proposal for a directive
Recital 50
Recital 50
(50) The monitoring of the building stock is facilitated by the availability of data collected by digital tools, thereby reducing administrative costs. Therefore, national databases for energy performance of buildings should be set up, and the information contained therein should be transferred to the EU Building Stock Observatory.
Amendment 451 #
2021/0426(COD)
Proposal for a directive
Recital 54
Recital 54
(54) A common approach to the energy performance certification of buildings , renovation passports, smart readiness indicators and the inspection of heating and air- conditioning systems, carried out by qualified or certified experts, whose independence is to be guaranteed on the basis of objective criteria, contribute to a level playing field as regards efforts made in Member States to energy saving in the buildings sector and will introduce transparency for prospective owners or users with regard to energy performance in the Union property market. In order to ensure the quality of energy performance certificates , renovation passports, smart readiness indicators and of the inspection of heating and air-conditioning systems throughout the Union, an independent control mechanism should be established in each Member State.
Amendment 461 #
2021/0426(COD)
Proposal for a directive
Recital 57
Recital 57
(57) In order to further the aim of improving the energy performance of buildings, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adaptation to technical progress of certain parts of the general framework set out in Annex I, and in respect of the establishment of a methodology framework for calculating cost-optimal levels of minimum energy performance requirements , in respect of adapting the thresholds for zero-emission buildings and the calculation methodology for life- cycle Global Warming Potential, in respect of the establishment of a common European framework for renovation passports and in respect of a Union scheme for rating the smart readiness of buildings . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level , and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts . _________________ 41 OJ L 123, 12.5.2016, p. 1.
Amendment 462 #
2021/0426(COD)
Proposal for a directive
Recital 58
Recital 58
(58) In order to ensure an effective implementation of the provisions laid down in this Directive, the Commission supports Member States through various tools, such as the Technical Support Instrument42 providing tailor-made technical expertise to design and implement reforms, including those aimed at increasing the annual energy renovation rate of residential and non-residential buildings by 2030 and to foster deep energy renovations. The technical support relates to, for example, strengthening of administrative capacity, supporting policy development and implementation, and sharing of relevant best practices. _________________ 42 Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).
Amendment 466 #
2021/0426(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In accordance with point 44 of the Interinstitutional Agreement on Better Law-Making, Member States shouldare encouraged to draw up, for themselves and in the interest of the Union, their own tables, illustrating, as far as possible, the correlation between this Directive and the transposition measures, and make them public. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium (case C-543/17).
Amendment 472 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero- emission building stock by 2050 taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost- effectiveness.
Amendment 478 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
Amendment 480 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 483 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point k
Article 1 – paragraph 2 – point k
(k) independent control systems for energy performance certificates , renovation passports, smart readiness indicators and inspection reports.
Amendment 487 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with the TFEU . They shall be notified to the Commission.
Amendment 508 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘oriented to zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fulmostly covered by energy from renewable sources generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from a district heating and cooling system, in accordance with the requirements set out in Annex III;
Amendment 526 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;
Amendment 555 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Amendment 566 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 – point a
Article 2 – paragraph 1 – point 19 – point a
(a) before 1 January 20305, into a nearly zero-energy building;
Amendment 569 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 – point b
Article 2 – paragraph 1 – point 19 – point b
(b) as of 1 January 20305, into a oriented to zero- emission building;
Amendment 575 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
20. ‘staged deep renovation’ means a deep renovation carried out in several steps, following the steps set out in a renovation passport in accordance with Article 10;
Amendment 588 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30 Regulation EU 2010/31
Article 2 – paragraph 1 – point 30 Regulation EU 2010/31
30. ‘cogeneration’ means simultaneous combined and contemporary generation in one process of thermal energy and electrical or mechanical energy;
Amendment 593 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 33
Article 2 – paragraph 1 – point 33
33. ‘micro isolated system’ means any system with an yearly consumption less than 500 GWh in the year 2022, where there is no connection with other systems;
Amendment 601 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
Amendment 622 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 49 – introductory part
Article 2 – paragraph 1 – point 49 – introductory part
49. ‘energy from renewable sources produced nearby’ means energy from renewable sources produced within a local or district level perimeterin proximity of the building assessed, which fulfils all the following conditions:
Amendment 664 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) an overview of the national building stock for different building types, construction periods and climatic zones , based, as appropriate, on statistical sampling and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors ;
Amendment 667 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new) Directive 2018/844 Art. 1.2
Article 3 – paragraph 1 – subparagraph 1 – point a a (new) Directive 2018/844 Art. 1.2
(a a) the identification of cost-effective approaches to renovation relevant to the building type and climatic zone, considering potential relevant trigger points, where applicable, in the life-cycle of the building;
Amendment 671 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into oriented to zero-emission buildings by 2050;
Amendment 682 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence- based estimate of expected energy savings and wider benefits; and estimations for the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU) …/…. [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119.
Amendment 693 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Every five years, each Member State shall prepare and submit to the Commission a draft of its building renovation plan, using the template in Annex II. Each Member State shall submit its draft building renovation plan as part of its draft integrated national energy and climate plan referred to in Article 9 of Regulation (EU) 2018/1999 and, where the Member States submits a draft update, its draft update referred to in Article 14 of that Regulation. By way of derogation from Article 9(1) and Article 14(1) of that Regulation, Member States shall submit the first draft building renovation plan to the Commission by 30 June 20249.
Amendment 703 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 4 – point e
Article 3 – paragraph 4 – point e
Amendment 709 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Each Member State shallwill be invited to take due account of any recommendations from the Commission in its final building renovation plan. If the Member State concerned does not address a recommendation or a substantial part thereof, it shall provide a justification to the Commission and make public its reasons.
Amendment 713 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Every five years, each Member State shall submit its building renovation plan to the Commission, using the template in Annex II. Each Member State shall submit its building renovation plan as part of its integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999 and, where the Member States submits an update, its update referred to in Article 14 of that Regulation. By way of derogation from Article 3(1) and Article 14(2) of that Regulation, Member States shall submit the first building renovation plan to the Commission by 30 June 202530.
Amendment 746 #
2021/0426(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 2026, 31, the Commission shall revise the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements.
Amendment 748 #
2021/0426(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Member States shall report to the Commission all input data and assumptions used for those calculations and the results of those calculations. Member States shall update and submit those reports to the Commission at regular intervals, which shall not be longer than five years. The first report based on the revised methodology framework pursuant to paragraph 1 shall be submitted by 30 June 202833.
Amendment 752 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that from the following dates, new buildings are oriented to zero-emission buildings in accordance with Annex III:
Amendment 759 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) as of 1 January 20327, new buildings occupied or owned by public authorities; and
Amendment 777 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
Amendment 782 #
2021/0426(COD)
(b) as of 1 January 20305, for all new buildings.
Amendment 796 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation, to set adapted maximum energy performance thresholds in Annex III to renovated buildings and to adapt the maximum energy performance thresholds for oriented to zero-emission buildings.
Amendment 799 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall address, in relation to new buildings, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.
Amendment 836 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure insofar as it is technically, functionally and economically feasible that
Amendment 843 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point i
Article 9 – paragraph 1 – point a – point i
(i) after 1 January 20327, at least energy performance class F; and
Amendment 850 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
Article 9 – paragraph 1 – point a – point ii
(ii) after 1 January 20305, at least energy performance class E;
Amendment 864 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b – point i
Article 9 – paragraph 1 – point b – point i
(i) after 1 January 20327, at least energy performance class F; and
Amendment 872 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b – point ii
Article 9 – paragraph 1 – point b – point ii
(ii) after 1 January 20305, at least energy performance class E;
Amendment 888 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point i
Article 9 – paragraph 1 – point c – point i
(i) after 1 January 20305, at least energy performance class F; and
Amendment 895 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point ii
Article 9 – paragraph 1 – point c – point ii
(ii) after 1 January 20338, at least energy performance class E;
Amendment 914 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
In their roadmap referred to in Article 3(1)(b), Member States shall establish specific timelines for the buildings referred to in this paragraph to achieve higher energy performance classes by 2040 and 2050, insofar as it is technically, functionally and economically feasible, in line with the pathway for transforming the national building stock into oriented to zero-emission buildings.
Amendment 929 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Where established, the minimum energy performance standards shall be designed with a view to the national roadmap and the 2030, 2040 and 2050 targets contained in the Member State’s building renovation plan and to the transformation of the national building stock into oriented to zero-emission buildings by 2050.
Amendment 943 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) designing grants and integrated financing schemes;
Amendment 970 #
2021/0426(COD)
Proposal for a directive
Article 10
Article 10
Amendment 1025 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall require oriented to zero- emission buildings to be equipped with measuring and control devices for the monitoring and regulation of indoor air quality. In existing buildings, the installation of such devices shall be required, where technically and economically feasible, when a building undergoes a major renovation.
Amendment 1076 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 20327. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 20338.
Amendment 1089 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. With regard to new residential buildings and residential buildings undergoing major renovation, with more than threfive parking spaces, Member States shall ensure:
Amendment 1105 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
(b) at least twoone bicycle parking spaces for every dwelling.
Amendment 1113 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
Member States shall ensure that the pre- cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. Where, in the case of major renovation, ensuring twoone bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.
Amendment 1136 #
2021/0426(COD)
Proposal for a directive
Article 13
Article 13
Amendment 1156 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility.
Amendment 1175 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall provide adequate simplification of the bureaucratic process and appropriate financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into oriented to zero- emission buildings by 2050.
Amendment 1193 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and, mortgage portfolio standards and grants. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.
Amendment 1218 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 9 – introductory part
Article 15 – paragraph 9 – introductory part
9. Member States shall link their financial measures for energy performance improvements in the renovation of buildings to the targeted or achieved energy savings, as determined by one or morat least one of the following criteria:
Amendment 1233 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 10
Article 15 – paragraph 10
10. From 1 January 202735 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 202735, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council45 on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council46 on the CAP Strategic Plans. _________________ 45 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 46 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
Amendment 1242 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 11 – introductory part
Article 15 – paragraph 11 – introductory part
11. Member States shall incentivise deep renovation and sizeable programmes that address a high number of buildings and result in an overall reduction of at least 30 % of primary energy demand with higher financial, fiscal, administrative and technical support.
Amendment 1243 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 11 – subparagraph 1
Article 15 – paragraph 11 – subparagraph 1
Amendment 1278 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By 31 December 202530 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to oriented to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15% worst- performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.
Amendment 1299 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide an estimate for the energy savings and the reduction of operational greenhouse gas emissions. They mayshall provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle.
Amendment 1312 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 10
Article 16 – paragraph 10
10. The validity of the energy performance certificate shall not exceed fiveten years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10 years.
Amendment 1318 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 11 – subparagraph 1
Article 16 – paragraph 11 – subparagraph 1
Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place.
Amendment 1333 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. Member States shall require that buildings or buildings units which are offered for sale or for rent have an energy performance certificate , and that the energy performance indicator and class of the energy performance certificate of the building or the building unit, as applicable, is stated in online and offline advertisements , including in property search portal websites . If an energy performance certificate cannot be provided, the worst energy class shall be assigned.
Amendment 1340 #
2021/0426(COD)
The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered.
Amendment 1351 #
2021/0426(COD)
Proposal for a directive
Article 19 – paragraph 5 – introductory part
Article 19 – paragraph 5 – introductory part
5. The Commission shall, by 30 June 20249, adopt an implementing act with a common template for the transfer of the information to the Building Stock Observatory.
Amendment 1360 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall establish separate inspection schemes with appointments agreed between the interested parties for the inspections of residential and non- residential systems.
Amendment 1370 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 7 – introductory part
Article 20 – paragraph 7 – introductory part
7. Member States shall lay down requirements to ensure that, where technically and economically feasible, non- residential buildings with an effective rated output for heating systems or systems for combined space heating and ventilation of over 290 kW are equipped with building automation and control systems 31 December 20249 by. The threshold for the effective rated output shall be lowered to 70 kW by31 December 2029.
Amendment 1373 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 8 – introductory part
Article 20 – paragraph 8 – introductory part
8. Member States shall lay down requirements to ensure that from 1 January 202530, new residential buildings and residential buildings undergoing major renovations are equipped with:
Amendment 1384 #
2021/0426(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that the energy performance certification of buildings , the establishment of renovation passports, the smart readiness assessment, the inspection of heating systems and air- conditioning systems are carried out in an independent manner, with appointments agreed between the interested parties, by qualified or certified experts, whether operating in a self-employed capacity or employed by public bodies or private enterprises.
Amendment 1395 #
2021/0426(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that independent control systems for energy performance certificates are established in accordance with Annex VI, and that independent control systems for renovation passports, smart readiness indicators and reports on the inspection of heating and air- conditioning systems are established . Member States may establish separate systems for the control of energy performance certificates , renovation passports, smart readiness indicators and reports on the inspection of heating and air- conditioning systems.
Amendment 1398 #
2021/0426(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Member States shall require the energy performance certificates , the renovation passports, the smart readiness indicators and the inspection reports referred to in paragraph 1 to be made available to the competent authorities or bodies on request.
Amendment 1402 #
2021/0426(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
The Commission, assisted by the Committee referred to in Article 30, shall review this Directive by the end of 20327 at the latest, in the light of the experience gained and progress made during its application, and, if necessary, make proposals.
Amendment 1405 #
2021/0426(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
As part of that review, the Commission shall assess whether the application of this Directive in combination with other legislative instruments addressing energy efficiency and greenhouse gas emissions from buildings, notably through carbon pricing, deliver sufficient progress towards achieving a fully decarbonised, oriented to zero- emission building stock by 2050, or whether further binding measures at Union level, in particular mandatory minimum energy performance standards across the whole building stock, need to be introduced. The Commission shall also examine in what manner Member States could apply integrated district or neighbourhood approaches in Union building and energy efficiency policy, while ensuring that each building meets the minimum energy performance requirements, for example by means of overall renovation schemes applying to a number of buildings in a spatial context instead of a single building.
Amendment 1420 #
2021/0426(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 6, 7, 10 13 and 28 shall be conferred on the Commission for an indeterminate period of timeuntil 2035 from [date of entry into force of this Directive] .
Amendment 113 #
2021/0425(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive aims to facilitate the penetration of renewable and low-carbon gases into the energy system enabling a shift from fossil gas and to allow these new gases to play an important role towards achieving the EU’s 2030 climate objectives and climate neutrality in 2050. The Directive aims also to set up a regulatory framework which enables and incentivises all market participants to take the transitional role of fossil gas into account while planning their activities to avoid lock-in effects and ensure gradual and timelyand allow a gradual phase-out of fossil gas notably in all relevant industrial sectors and for heating purposes.
Amendment 116 #
2021/0425(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The integration of biomethane in the natural gas system contributes to diversify the energy supply in line with the Commission's targets
Amendment 132 #
2021/0425(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In line with the EU Hydrogen Strategy, the priority for the EU is to develop renewable hydrogen produced using mainly wind and solar energy. Renewable hydrogen is the most compatible option with thproduced using biomass energy falls under the definition of biogas, as indicated by Directive (EU’s climate neutrality and zero pollution goal in the long term and the most coherent wi) 2018/2001. However, renewable hydrogen production is not likely to meet rapidly the expected growth ain integrated energy system. Howeverdemand for hydrogen in the Union. Therefore, low- carbon fuels (LCFs) such as low-carbon hydrogen (LCH) may play a role in the energy transition, particularly in the short and medium term to rapidlyto reduce emissions of existing fuels, and support the uptake of renewable fuels such as renewable hydrogentransition of the Union's industry. In order to support the transition, it is necessary to establish a threshold for greenhouse gas emission reductions for low-carbon hydrogen and synthetic gaseous fuels. Such threshold should become more stringent for hydrogen produced in installations starting operations from 1 January 20315 to take into account technological developments and better stimulate the dynamic progress towards the reduction of greenhouse gas emissions from hydrogen production. The EU Energy System Integration strategy highlighted the need to deploy an EU–wide certification system to also cover low- carbon fuels with the aim to enable Member States to compare them with other decarbonisation options and consider them in their energy mix as a viable solution. In order to ensure that LCF have the same decarbonisation impact as compared to other renewable alternatives it is important that they are certified by applying a similar methodological approach based on a life cycle assessment of their total greenhouse gas (‘GHG’) emissions. This would allow deploying a comprehensive EU-wide certification system, covering the whole Union energy mix. Taking into consideration that LCF and LCH are not renewable fuels, their terminology and certification could not be included in the proposal for the revision of Directive (EU) 2018/2001 of the European Parliament and of the Council8 . Therefore, their inclusion in this Directive fills in this gap. _________________ 8 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 159 #
2021/0425(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Natural gas still plays a key role in energy supply, as household energy consumption from natural gas is still higher than from electricity. Although electrification is a key element of the green transition, in the future there will still be household natural gas consumption including increasing volumes of renewable and low carbon gas.
Amendment 169 #
2021/0425(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable alternatives will concretise if energy from renewable sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players. Fuels switch should be accompanied by measures aimed to remove adverse effects on final consumers, in particular people affected by or at risk of energy poverty.
Amendment 171 #
2021/0425(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The switch from fossil gas to renewable or low carbon alternatives will concretise if energy from renewablthese sources becomes an attractive, non-discriminatory choice for consumers based on truly transparent information where the transition costs are fairly distributed among different groups of consumers and market players.
Amendment 176 #
2021/0425(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To be coherent and effective, this mirroring approach should be encompass all consumer protection and empowerment provisions, whenever feasible and adaptable to the gas market. This should go from basic contractual rights to rules for billing information, switching energy provider, having at disposal reliable comparison tools, protecting vulnerable and energy poor consumers, ensuring adequate data protection for any smart meters and data management, and efficient alternative dispute resolution rules.
Amendment 183 #
2021/0425(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Final customers should also be able to consume, to store and to sell self- generated renewable or low carbon gas and participate in all natural gas markets by providing ancillary services to the system, for instance through energy storage. Member States should be able to have different provisions in their national law with respect to taxes and levies for individual and jointly-acting active customers.
Amendment 194 #
2021/0425(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The regular provision of accurate billing information based on actual gas consumption, facilitated by smart metering, is important to help customers to control their gas consumption and costs. Nevertheless, customers, in particular household customers, should have access to flexible arrangements for the actual payment of their bills.
Amendment 196 #
2021/0425(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In order to assist final customers’ active participation in the market, the smart metering systems tohat could be deployed should, after a positive cost-benefit assessment, have due regard to the use of relevant available standards, including those enabling interoperability on the level of the data model and the application layer, to best practices and the importance of the development of data exchange, to future and innovative energy services. Moreover, the smart metering systems that are deployed should not represent a barrier to switching supplier in the case of natural gas consumers, and should be equipped with fit-for-purpose functionalities that allow final customers to have timely access to their consumption data, to modulate their energy behaviour, be rewarded for it, and obtain savings in their bills.
Amendment 210 #
2021/0425(COD)
Proposal for a directive
Recital 67
Recital 67
(67) The operation of hydrogen networks should be separated from activities of energy production and supply in order to avoid the risk of conflicts of interest on behalf of the network operators. The structural separation of ownership of hydrogen networks and participations in energy production and supply guarantees the absence of such conflicts of interest. Member States should be able to rely on the alternative unbundling model of “integrated hydrogen network operator” until 2030 to provide a transitional period for existing vertically integrated hydrogen networks. Member States should also be able to allow the use of the “independent hydrogen network operator” model to allow vertically integrated owners of hydrogen networks to retain ownership of their networks while ensuring the non- discriminatory operation of such networks after 20305.
Amendment 214 #
2021/0425(COD)
Proposal for a directive
Recital 69
Recital 69
Amendment 220 #
2021/0425(COD)
Proposal for a directive
Recital 72
Recital 72
(72) The availability of large-scale underground hydrogen storage facilities is limited and distributed unevenly across Member States. In view of the risks and of the potentially beneficial role for the functioning of hydrogen transport and markets, the access to such large-scale underground storages should be subject to regulated third party access in order to ensure a level playing field for market participants and the highest safety level.
Amendment 263 #
2021/0425(COD)
Proposal for a directive
Recital 112
Recital 112
(112) Network development plans are an important element to identify infrastructure gaps and provide information on infrastructure that either needs to be built or that can be decommissioned andor that could be used for other purposes, such as hydrogen transport. This is true irrespective of the unbundling model chosen for the network operators.
Amendment 266 #
2021/0425(COD)
Proposal for a directive
Recital 113
Recital 113
(113) Providing information on infrastructure that can be decommissioned or repurposed within the network development plan may mean either leaving the infrastructure unused, dismantling it or using it for other purposes, such as hydrogen transport. The objective of this increased transparency on infrastructure takes into account that repurposed infrastructure is comparatively cheaper than newly built infrastructure and hence should enable a practicable and cost effective transition.
Amendment 272 #
2021/0425(COD)
Proposal for a directive
Recital 117
Recital 117
(117) In contrast to electricity, the role of natural gas is expected to gradually decrease, which also affects the demand for infrastructure investments. The network development plan therefore needs to balance competition concerns and avoid stranded assets. Consequently, ownership unbundled transmission system operators should not be covered by Article 51 (7).
Amendment 279 #
2021/0425(COD)
Proposal for a directive
Recital 125
Recital 125
(125) Long-term contracts are an important part of the gas supply of Member States . However, they should not constitute a barrier to the entry of renewable and low carbon gases, which is why the duration of contracts for the supply of fossil gas will not be able to run beyond 2049. Such contracts shall always be in line with the objective of this Directive and are compatible with the TFEU , including the competition rules. It is necessary to take into account long-term contracts in the planning of supply and transport capacity of undertakings.
Amendment 299 #
2021/0425(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive establishes rules for the progressive establishment of a Union- wide interconnected hydrogen system contributing to the long-term resilience of the electricity system and to the reduction of net greenhouse gas emissions of difficult to decarbonise sectors and thereby supporting to the decarbonisation of the EU energy system.
Amendment 319 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘renewable gas’ means biogas as defined in Article 2, point (28) of Directive 2018/2001, including biogas that has been upgraded to biomethane, and renewable gaseous fuels part of fuels of non- biological origins (‘RFNBOs’) as defined in Article 2, point (36) of that Directive’;
Amendment 339 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘low-carbon hydrogen’ means hydrogen the energy content of which is derived from non-renewable sources, which meets a greenhouse gas emission reduction threshold of 760%;
Amendment 351 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 760%.
Amendment 371 #
2021/0425(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 48
Article 2 – paragraph 1 – point 48
(48) ‘security’ means both security of supply to fully satisfy the demand of natural gas and technical safety;
Amendment 496 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In order to ensure that the greenhouse gas emissions savings from the use of low carbon fuels and low carbon hydrogen are at least 760% in accordance with the definitions in Article 2, points (10) and (12) under Article 2, Member States shall require economic operators to show that this threshold and the requirements established in the methodology referred to in paragraph 5 of this Article have been complied with. For those purposes, they shall require economic operators to use a mass balance system in line with Article 30 (1) and (2) of Directive (EU) 2018/2001.
Amendment 502 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that economic operators submit reliable information regarding the compliance with the 760% greenhouse gas emissions savings threshold set in paragraph 2 and with the greenhouse gas emissions saving methodology referred to in paragraph 5, and that economic operators make available to the relevant Member State, upon request, the data that were used to develop the information. Member States shall require economic operators to put in place an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud.
Amendment 528 #
2021/0425(COD)
Proposal for a directive
Article 8 – paragraph 9 – point b
Article 8 – paragraph 9 – point b
(b) by way of derogation from paragraph 7, require suppliers of the source of low carbon fuels to provide further evidence of their compliance with the greenhouse gas emissions saving criteria and the 760% greenhouse gas emissions savings threshold.
Amendment 615 #
2021/0425(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensuremay proceed with the deployment in their territories of smart metering systems. Such deployment may be subject to a only after a positive cost-benefit assessment which. Such deployment shall be undertaken in accordance with the principles laid down in Annex II.
Amendment 616 #
2021/0425(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States that proceed with the deployment of smart metering systems shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed in their territories, in accordance with Article 18 and Annex II. Member States shall ensure the interoperability of those smart metering systems, as well as their ability to provide output for consumer energy management systems. In that respect, Member States shall have due regard to the use of the relevant available standards, including those enabling interoperability, to best practices and to the importance of the development of smart grids and the development of the internal market for natural gas. Member States that proceed with the deployment of smart metering systems shall provide guidelines for the provision of clear information and advice to all consumers.
Amendment 620 #
2021/0425(COD)
Proposal for a directive
Article 17
Article 17
Amendment 628 #
2021/0425(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where final natural gas customers do not have smart meters, Member States shall ensure that, insofar as it is technically and financially possible and proportionate to the potential energy savings, final customers are provided with individual conventional meters that accurately measure their actual consumption.
Amendment 634 #
2021/0425(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customerspeople affected by or at risk of energy poverty. In this context, easuch Member Statevulnerable customers shall be define the concept of vulnerable customers which may refer to energy povertyd as those living below the 50% of the national median equivalised disposable income. Measures to protect such vulnerable consumers may include, inter alia, to the prohibition of disconnection to such customers in critical times.
Amendment 729 #
2021/0425(COD)
Proposal for a directive
Article 46 – paragraph 1 – point g
Article 46 – paragraph 1 – point g
(g) taking all reasonable measures available to prevent and minimise hydrogen emissions in their operations and carrying out, at regular intervals, a hydrogen leak detection and repair survey of all relevant components under the operator responsibility, in order to guarantee the highest level of safety;
Amendment 792 #
2021/0425(COD)
Proposal for a directive
Article 51 – paragraph 2 – point c
Article 51 – paragraph 2 – point c
(c) include information on infrastructure that can or will be decommissioned or repurposed for the transport of hydrogen; and
Amendment 926 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 2030, Member State may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 2030 at the latest.
Amendment 930 #
2021/0425(COD)
Proposal for a directive
Article 62 – paragraph 4
Article 62 – paragraph 4
4. Until 31 December 20305, Member State may designate an integrated hydrogen network operator unbundled in accordance with the rules on independent transmission operators for natural gas set out in Section 3 of Chapter IX. Such designation shall expire by 31 December 20305 at the latest.
Amendment 941 #
2021/0425(COD)
Proposal for a directive
Article 63 – paragraph 1
Article 63 – paragraph 1
Amendment 1014 #
2021/0425(COD)
Proposal for a directive
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Member States may apply to the Commission for derogations from applying Articles 3, 7, 54 or 27 to outermost regions within the meaning of Article 349 TFEU or to other geographically isolated areands. Any such derogation shall not expire from the momenbefore 2050 and provided that a connection from the region or area to a Member State with an interconnected system is completed.
Amendment 96 #
2021/0293(COD)
Proposal for a decision
Recital 4
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the digital transformation, which is a key enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, or for monitoring and optimising how energy and natural resources are used. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ 35 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Green deal”, 11.12.2019, COM/2019/640 final.
Amendment 102 #
2021/0293(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The measures envisaged in the Digital Compass Communication shcould usefully be implemented, to intensify actions defined in the strategy for Shaping Europe’s digital future, and building on existing Union instruments (such as Cohesion programmes, the Technical Support Instrument, Regulation (EU) 2021/694 of the European Parliament and of the Council36 , Regulation (EU) 2021/695 of the European Parliament and of the Council37 and Regulation (EU) 2021/523 of the European Parliament and of the Council38 ) and on the funds allocated for digital transition of Regulation (EU) 2021/241 of the European Parliament and of the Council39. By this Decision, a Policy Programme “Path to the Digital Decade” should therefore be established in order to achieve, accelerate and shape a successful digital transformation of the Union’s economy and society. _________________ 36 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240, (OJ L 166, 11.5.2021, p. 1). 37 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 38 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 ( OJ L 107, 26.3.2021, p. 30). 39 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility, (OJ L 57, 18.2.2021, p. 17).
Amendment 119 #
2021/0293(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is neededof value. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
Amendment 131 #
2021/0293(COD)
Proposal for a decision
Recital 9
Recital 9
(9) Democratic life and public services will also crudepend principally depend on digital technologies and therefore they should be fully accessible for everyone, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards.
Amendment 139 #
2021/0293(COD)
(12) This mechanism should include an enhanced monitoring system to identify gaps in the strategic digital capacities of the Union. It should also include a reporting mechanism, among others, on the progress towards the 2030 vision and corresponding digital targets as well as on the more general state of compliance with the objectives set in this Decision. It should establish a cooperative framework between the Commission and Member States to identify solutions addressing weaknesses and to propose targeted actions for effective remedies.
Amendment 144 #
2021/0293(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The Digital Economy and Society Index (‘DESI’)41 should become a part of the report on the state of the Digital Decade and should be used to monitor the progress towards the digital targets. This monitoring should include an analysis of the indicators measuring progress at Member States’ level, national policies and initiatives aimed at reaching the objectives of this Decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of European economies and a ranking of Member States progress therein. In particular, DESI’s dimensions and indicators should be aligned with digital targets set out in this Decision. For each digital target, key performance indicators (‘KPIs) should be set out in implementing acts to be adopted by the Commission. The KPIs should be updated when necessary for continued effective monitoring and to take account of technological developments. The data collection mechanism within Member States should be reinforcedmake it possible to present a thorough state of play on the progress towards the digital targets, as well as information on the relevant policies, programmes, and initiatives at national level. Based on the reviews and where needed, the Commission should prepare, in consultation with the Member States, a roadmap to set out future data collection needs. . In defining the DESI, the Commission should rely largely on official statistics collected in different Union surveys on the information society42. The Commission should use specific studies to collect data for those relevant indicators that are not measured in the Union surveys. _________________ 41 DESI is an annual set of analyses and measurement indicators, which since 2014 have been used to monitor Europe’s overall progress and to benchmark individual Member States’ progress in digital, feeding into the European Semester process and the country specific recommendations. 42 Regulation (EC) No 1006/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 808/2004 concerning Community statistics on the information society (OJ L 286, 31.10.2009, p. 31–35).
Amendment 145 #
2021/0293(COD)
Proposal for a decision
Recital 14
Recital 14
(14) In order to keep the co-legislators informed about the progress of digital transformation in the Union, the Commission should submit to the European Parliament and the Council an annual report on the “State of the Digital Decade”, containing an overview and analysis of the digital transformation of the Union and an evaluation of the progress made with regard to the objectives of the Digital Decade and the digital targets for the period towards 2030. The report on the “State of the Digital Decade”, and in particular the DESI, should feed into the European Semester, including aspects relating to the Recovery and Resilience Facility.
Amendment 150 #
2021/0293(COD)
Proposal for a decision
Recital 17
Recital 17
(17) The annual report on the “State of the Digital Decade” should present the progress made towards implementation of the digital principles as endorsed in the [insert title of solemn Declaration].
Amendment 151 #
2021/0293(COD)
Proposal for a decision
Recital 18
Recital 18
(18) With a view to ensuring that the Digital Decade objectives and digital targets, as laid down in this Decision, arcan be achieved, and that all Member States effectively contribute to that end, the design and implementation of the monitoring and cooperation mechanism should ensure exchanges of information and best practices through a constructive and inclusive dialogue between Member States and the Commission.
Amendment 155 #
2021/0293(COD)
Proposal for a decision
Recital 21
Recital 21
(21) The timely availability of and access to radio spectrum are key for reaching the connectivity targets of the “Path to the Digital Decade”. In this context, the Member States and spectrum users requiMember States should have autonomy with respect to the spectrum and should provide users with the information necessary to ensure predictability and certainty and at the same time flexibility (based on the evolving needs) for the planning of milestones for spectrum availability. Particularly under the fast evolving digital and green transformation process, early information about a future spectrum availability and input on setting any milestones from key stakeholders (such as public authorities, industry and users) would increase legal certainty and investment predictability.
Amendment 159 #
2021/0293(COD)
Proposal for a decision
Recital 22
Recital 22
(22) Since spectrum is essentialvaluable when it comes to achieve theing digital targets, and in particular a secure, performant and sustainable digital infrastructure, Member States should also report on their adopted and future policies and possible measures regarding the availability and possibility to use radio spectrum for existing users and prospective investors and operators. Without prejudice to the possibility for the Commission to propose new strategic spectrum policy orientations or mechanisms under Article 4 (4) of Directive (EU) 2018/1972 of the European Parliament and of the Council43 appropriate guidance could be provided by the Commission in that regard in order to meet the general objectives and digital targets laid down in this Decision. _________________ 43 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
Amendment 162 #
2021/0293(COD)
Proposal for a decision
Recital 25
Recital 25
(25) In order to progress towards achieving the targets in alignment with the projectrecommended trajectories, Member States which are considered in the report as having made insufficient progress in a given area, should propose adjustment measures and actions they intend to undertake to foster progress in that critical area. Furthermore, the Commission and Member States should examine how recommended policies, measures and actions made in the previous year’s report have been addressed by Member States collectively and individually. A Member State may request a peer review process to be launched in order to give other Member States an opportunity to comment on proposals it intends to present in its national Digital Decade strategic roadmap, in particular as regards their suitability to achieve a specific target. The Commission may also propose the launch of a peer review process in respect of a Member State’s Digital Decade strategic roadmap.
Amendment 164 #
2021/0293(COD)
Proposal for a decision
Recital 27
Recital 27
(27) The effective implementation of the recommended policies, measures and actions and of the national Digital Decade strategic roadmaps and their adjustments, is crucial for the achievement of objectives and digital targets. If a Member State fails to effectively implement these measures, and the reasons provided for failing to do so are considered to be insufficient, the Commission may adopt a distinct recommendation, without prejudice of Commission’s powers under the Treaty. Such recommendations should take into account and be complementary to the latest country-specific recommendations issued in the context of the European Semester.
Amendment 175 #
2021/0293(COD)
Proposal for a decision
Recital 30
Recital 30
Amendment 181 #
2021/0293(COD)
Proposal for a decision
Recital 34
Recital 34
Amendment 183 #
2021/0293(COD)
Proposal for a decision
Recital 35
Recital 35
Amendment 247 #
2021/0293(COD)
Proposal for a decision
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, and developing predictable regulatory approaches;
Amendment 267 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
(1) The Union institutions and Member States shall cooperate in seeking to achieve the following digital targets in the Union by 2030:
Amendment 278 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5Ghile Member States will be free to make appropriate assessments, on the basis of sound and established scientific data, of 5G coverage and the impact of resulting electromagnetic emissions on human health, in accordance with their public health responsibilities under the Treaty;
Amendment 298 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point a – introductory part
Article 4 – paragraph 1 – point 3 – point a – introductory part
(a) at least 75% of Union enterprises havecould taken up:
Amendment 307 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c
Article 4 – paragraph 1 – point 3 – point c
(c) the Union grows the pipeline of its innovative scale ups and improves their access to finance, leading to at least doubling the number of unicorns;
Amendment 319 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens can have access to their medical records (electronic health records (EHR));
Amendment 327 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
Article 4 – paragraph 1 – point 4 – point c
(c) at least 80% of Union citizens can use a digital identification (ID) solution.
Amendment 335 #
2021/0293(COD)
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
(2) The Commission shall review the digital targets set out in paragraph 1 by 2026. The Commission shall submit a report to the European Parliament and to the Council regarding the outcome of the review and shall submit a legislative proposal to revise the digital targets in paragraph 1 where it considers this to be necessary to address technical, economic and societal developments for a successful more effective digital transformation of the Union.
Amendment 347 #
2021/0293(COD)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
(3) The Commission, in close cooperation with Member States, shall define Union-level projected trajectories for the attainment of each ofconvergence towards the digital targets, which would serve as basis for the monitoring and the national Digital Decade strategic roadmaps. Where necessary, in light of technical, economic or societal developments, the Commission shall update one or more of these projected trajectories.
Amendment 355 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) any additional policies, measures or action that might be required inuseful for the adjustments of national Digital Decade strategic roadmaps;
Amendment 356 #
2021/0293(COD)
Proposal for a decision
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) The report may also assess the need for any additional policies, measures or actions that might be requireduseful at the Union level.
Amendment 365 #
2021/0293(COD)
Proposal for a decision
Article 7 – paragraph 6
Article 7 – paragraph 6
(6) The Commission shall provide guidance and support to Member States in the preparation of their national Digital Decade strategic roadmaps, including on how to establish at national level, where possible, appropriate projected trajectories which can effectively contribute tobe useful for the achievement of Union-level projected trajectories.
Amendment 372 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) If a Member State fails to implement the appropriate adjustments to its national Digital Decade strategic roadmap following policies, measures or actions recommended by the Commission under Article 6 (3) without providing sufficientitable reasons, the Commission may adopt a recommendation, including a specific analysis of how this failure could impact the achievement of the objectives and digital targets of this Decision.
Amendment 374 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 375 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 376 #
2021/0293(COD)
Proposal for a decision
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 414 #
2021/0293(COD)
Proposal for a decision
Article 17 – paragraph 4
Article 17 – paragraph 4
(4) An EDIC may not be open to the participation of entities other than Member States, which may include inter alia such as international organizations and private entities, as specified in the Statutes. If this is the case, Member States shall hold jointly the majority of the voting rights in the assembly of members regardless of the amount of contributions from entities other than Member States.
Amendment 36 #
2021/0218(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7and by the European Council8, requires an energy transition and significantly highlarger shares of renewable energy sources in an integrated energy system. _________________ 5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal. 6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate- neutral future for the benefit of our people 7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)) 8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47 296/1011-12-20-euco-conclusions-en.pdf
Amendment 58 #
2021/0218(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11, with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12. For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non- renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13. On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. _________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 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). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719
Amendment 83 #
2021/0218(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8, requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system. __________________ 5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal. 6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people 7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)) 8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47 296/1011-12-20-euco-conclusions-en.pdf
Amendment 96 #
2021/0218(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion or blackouts and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services.
Amendment 103 #
2021/0218(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an minimum annual 1.1 percentage point increase at Member State level should be made binding as a minimumrecommended for all Member States. For those Member States, which already have renewable shares above 50% in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60% or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23. In addition, Member State- specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost- effectiveness. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States may implement one or more measures from the list of measures.
Amendment 109 #
2021/0218(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].
Amendment 112 #
2021/0218(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11, with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12. For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non- renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13. On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. __________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 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). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719
Amendment 145 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
Amendment 176 #
2021/0218(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion or blackouts and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services.
Amendment 182 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a
Article 15a
1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 490 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.
Amendment 198 #
2021/0218(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an annual 1.1 percentage point increase at Member State level should be made binding as a minimumrecommended for all Member States. For those Member States, which already have renewable shares above 50% in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60% or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23. In addition, Member State- specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost- effectiveness. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States may implement one or more measures from the list of measures.
Amendment 211 #
2021/0218(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].
Amendment 220 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Directive (EU) 2018/2001
Article 24
Article 24
4. Member States shall endeavour to increase the share of energy from renewable sources and from waste heat and cold in district heating and cooling by at least 2.11.5 percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources and from waste heat and cold in district heating and cooling in 2020, and shall lay down the measures necessary to that end. The share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.
Amendment 229 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 - paragraph 1 - point (c) - subparagraph (iv)
Article 27 - paragraph 1 - point (c) - subparagraph (iv)
(iv) the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except in Cyprus and Malta, be limited to 1,7 %;
Amendment 242 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point g
Article 1 – paragraph 1 – point 18 – point g
Directive (EU) 2018/2001
Article 29 – paragraph 10, first subparagraph, point (d)
Article 29 – paragraph 10, first subparagraph, point (d)
(d) at least 760 % for electricity, heating and cooling production from biomass fuels used in installations starting operation from 1 June 2021 until 31 December 2025, and at least 870 % for installations starting operation from 1 January 2026.;
Amendment 411 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (UE) 2018/2001
Article 3, paragraph 3
Article 3, paragraph 3
Amendment 614 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15a, point 1
Article 15a, point 1
1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 490 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.
Amendment 918 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Directive (EU) 2018/2001
Article 24, paragraph 4
Article 24, paragraph 4
4. Member States shall endeavour to increase the share of energy from renewable sources and from waste heat and cold in district heating and cooling by at least 2.11.5 percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources and from waste heat and cold in district heating and cooling in 2020, and shall lay down the measures necessary to that end. The share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.
Amendment 1085 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 – paragraph 1 – point c – point iv
Article 27 – paragraph 1 – point c – point iv
(iv) the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except in Cyprus and Malta, be limited to 1,7 %;
Amendment 1195 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point g
Article 1 – paragraph 1 – point 18 – point g
Directive (EU) 2018/2001
Article 29 – paragraph 10, first subparagraph, point (d)
Article 29 – paragraph 10, first subparagraph, point (d)
(d) at least 760 % for electricity, heating and cooling production from biomass fuels used in installations starting operation from 1 January 2021 until 31 December 2025, and at least 870 % for installations starting operation from 1 January 2026.;
Amendment 30 #
2021/0213(CNS)
Proposal for a directive
Recital 3
Recital 3
Amendment 35 #
2021/0213(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The current geopolitical and socioeconomic situation, together with the rise in energy prices and the rate of inflation, calls for careful choices, which keep social costs, the impact on business competitiveness, and job losses to a minimum. The fact is that sustainable energy products are often far more costly than traditional options, and many individuals and companies cannot afford the requisite resources.
Amendment 37 #
2021/0213(CNS)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 38 #
2021/0213(CNS)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) All decisions on taxation fall to the Member States, which have sovereignty in this area. Common binding rules on taxation go against the principles of subsidiarity, effectiveness and proportionality enshrined in the Treaties.
Amendment 40 #
2021/0213(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) Environmental taxation can be a cost-effective mean for Member States to achieve the targeted reductions of greenhouse gasses. The proper functioning of the internal market requires common rules on that taxationThere are measures other than taxation which can influence behaviour and bring about the energy transition in a more effective and less costly way.
Amendment 45 #
2021/0213(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Member States should, however, be able to uscalibrate the energy taxation of motor fuels, heating fuels and electricity for a variety of purposes not necessarily nor specifically or exclusively related to the reduction of greenhouse gases.
Amendment 49 #
2021/0213(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) The establishment of appropriate Union minaximum levels of taxation may enable existing differences in the national levels of taxation to be reduced. (This amendment applies throughout the text)
Amendment 51 #
2021/0213(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) As a party to the United Nations Framework Convention on Climate Change, the Union has ratified the Paris Agreement. THowever, the taxation of energy products andor, where appropriate, electricity is one of the instruments availablenot currently a suitable or viable instrument for achieving the Paris Agreement objectives.
Amendment 56 #
2021/0213(CNS)
Proposal for a directive
Recital 10
Recital 10
(10) In the interest of fiscal neutrality, the same minaximum levels of taxation should apply for each component of energy taxation, to all energy products put to a given use. Where equal minaximum levels of taxation are thus set, Member States should, also for reason of fiscal neutrality, ensure equal levels of national taxation on all products concerned.
Amendment 58 #
2021/0213(CNS)
Proposal for a directive
Recital 10a (new)
Recital 10a (new)
Amendment 59 #
2021/0213(CNS)
Proposal for a directive
Recital 11
Recital 11
Amendment 64 #
2021/0213(CNS)
Proposal for a directive
Recital 13
Recital 13
Amendment 71 #
2021/0213(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Energy prices are key elements of energy, transport and environment, industrial and social policies in the Union.
Amendment 73 #
2021/0213(CNS)
Proposal for a directive
Recital 15a (new)
Recital 15a (new)
Amendment 74 #
2021/0213(CNS)
Proposal for a directive
Recital 15b (new)
Recital 15b (new)
Amendment 75 #
2021/0213(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to establish different Union minaximum levels of taxation according to the use of the energy products and electricity.
Amendment 89 #
2021/0213(CNS)
Proposal for a directive
Recital 20a (new)
Recital 20a (new)
Amendment 90 #
2021/0213(CNS)
Proposal for a directive
Recital 21
Recital 21
Amendment 95 #
2021/0213(CNS)
Proposal for a directive
Recital 22
Recital 22
Amendment 102 #
2021/0213(CNS)
Proposal for a directive
Recital 23
Recital 23
Amendment 120 #
2021/0213(CNS)
Proposal for a directive
Recital 25
Recital 25
(25) Member States should be permitted to apply certain other exemptions or reduced levels of taxation, where that will not be detrimental to the environmental objectives, to the proper functioning of the internal market and will not result in distortions of competitionnecessary to offset the rise in energy costs caused by exogenous factors.
Amendment 123 #
2021/0213(CNS)
Proposal for a directive
Recital 26a (new)
Recital 26a (new)
Amendment 126 #
2021/0213(CNS)
Proposal for a directive
Recital 27
Recital 27
(27) Targeted reductions in the tax level may prove necessary to incentivise the achievement of the objectives of economic recovery, territorial cohesion, social stability, employment and environmental protection objectiveson and improvements in energy efficiency of the Union productive sector.
Amendment 130 #
2021/0213(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Targeted reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households; the concept of energy poverty should cover not only those without the economic means to afford energy but also households that spend a large share of their disposable income on energy services, as well as those obliged to reduce their energy spending because of their income.
Amendment 136 #
2021/0213(CNS)
Proposal for a directive
Recital 28a (new)
Recital 28a (new)
(28a) Businesses that enter into agreements to significantly enhance environmental protection and energy efficiency deserve particular attention; among these businesses, energy intensive ones merit specific treatment.
Amendment 139 #
2021/0213(CNS)
Proposal for a directive
Recital 28b (new)
Recital 28b (new)
(28b) Transitional periods and arrangements may be necessary to allow Member States to smoothly adapt to the new levels of taxation, thus limiting possible negative side effects.
Amendment 141 #
2021/0213(CNS)
Proposal for a directive
Recital 29
Recital 29
(29) In view of the financial, economic and environmental effects on each Member State, such as the need of electrification ofto decarbonise the transport sector, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of other exemptions or reduced levels of taxation. For reasons of protection ofeach Member State may provide for exemptions or reduced levels of taxation, which should be reviewed periodically. For reasons of protection of the economic recovery, territorial cohesion, social stability, the environment and human health, including the reduction of air pollution, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of specific increased rates. Such authorisation, following a justified request by Member States and on a proposal from the Commission, should be adopted by means of a Council implementing decision in accordance with Article 291 of the TFEU. Such measures should be under regular reviewthat allows Member States to introduce, for a set period, rates calibrated as above.
Amendment 150 #
2021/0213(CNS)
Proposal for a directive
Recital 34
Recital 34
Amendment 153 #
2021/0213(CNS)
Proposal for a directive
Recital 35
Recital 35
(35) Reference should be made to the version presently applicable of the Combined Nomenclature. In order to ensure that the references to Combined Nomenclature (CN) codes in this Directive are updated whenever necessary, and that the minaximum rates of taxation reflect prices evolution, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of updating the reference to those CN codes, and in respect of updating the minaximum tax rates based on yearly variations of the consumer price index. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 158 #
2021/0213(CNS)
Proposal for a directive
Recital 36
Recital 36
(36) Every five years and for the first time five years after the entry into force of this Directive, the Commission should report to the Council on the application of this Directive, examining in particular the minimum and maximum levels of taxation, the impact of innovation and technological developments, especially as regards energy efficiency, the use of different types of fuel and electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report should take into account the proper functioning of the internal market, economic, strategic, environmental and social considerations, the real value of the minimum levels of taxation and the wider relevant objectives of the Treaties.
Amendment 174 #
2021/0213(CNS)
Proposal for a directive
Article 2 – paragraph 8 – subparagraph 3
Article 2 – paragraph 8 – subparagraph 3
Those delegated acts shall not result in any changes in the minaximum tax rates set in this Directive or in the addition or removal of any energy products and electricity.
Amendment 182 #
2021/0213(CNS)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The levels of taxation which Member States shall apply to the energy products and electricity listed in Article 2 may not be lessmore than the minaximum levels of taxation prescribed by this Directive.
Amendment 187 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of the first subparagraph, each use for which a minaximum level of taxation is identified, respectively, in Tables A, B and C of Annex I shall be considered to be a single use, unless otherwise specified in this Directive.
Amendment 189 #
2021/0213(CNS)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 199 #
2021/0213(CNS)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
Member States shall be free to give effect to the exemptions or reductions inmake the appropriate adjustments to the level of taxation prescribed by this Directive either:
Amendment 200 #
2021/0213(CNS)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
As from 1 January 2023 , the minaximum levels of taxation applicable to motor fuels shall be fixed as set out in Table A of Annex I.
Amendment 201 #
2021/0213(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 206 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
As from 1 January 2023 , notwithstanding Article 7, the minaximum levels of taxation applicable to products used as motor fuel for the purposes set out in paragraph 2 of this Article shall be fixed as set out in Table B of Annex I .
Amendment 207 #
2021/0213(CNS)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
Amendment 215 #
2021/0213(CNS)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
As from 1 January 2023 , the minaximum levels of taxation applicable to heating fuels shall be fixed as set out in Table C of Annex I.
Amendment 216 #
2021/0213(CNS)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 224 #
2021/0213(CNS)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 282 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point ea (new)
Article 16 – paragraph 1 – point ea (new)
(ea) energy products and electricity used for the carriage of goods and passengers by rail, metro, tram and trolley bus;
Amendment 286 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point eb (new)
Article 16 – paragraph 1 – point eb (new)
(eb) energy products supplied for use as fuel for navigation on inland waterways (including fishing), other than in private pleasure craft, and electricity produced on board a craft;
Amendment 287 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point e c (new)
Article 16 – paragraph 1 – point e c (new)
(ec) Member States may apply a level of taxation as low as zero to energy products and electricity used in the agricultural, horticultural, fish-farming and forestry sectors.
Amendment 289 #
2021/0213(CNS)
Proposal for a directive
Article 16 – paragraph 1 – point e d (new)
Article 16 – paragraph 1 – point e d (new)
(ed) natural gas in Member States in which the share of natural gas in final energy consumption was less than 40% in 2019;
Amendment 302 #
2021/0213(CNS)
Proposal for a directive
Article 17 – paragraph 1 – point c – subparagraph 3
Article 17 – paragraph 1 – point c – subparagraph 3
For the purposes of point (c), energy products and electricity used by households recognised as vulnerable may be exempt for a maximum period of ten years after the entry into force of this Directive. For the purposes of this paragraph, ‘vulnerable households’ shall mean households significantly affected by the impacts of this Directive which, for the purpose of this Directive, means that they are below the ‘at risk of poverty’” threshold, defined as 60% of the national median equivalised disposable income; . As set out in the proposal for a Directive of the European Parliament and of the Council on energy efficiency (recast) (COM(2021)558), energy poverty means a household’s inability to secure a basic energy supply and to afford the basic energy services it needs for basic levels of comfort and health and a decent standard of living, including adequate heating and cooling, lighting, and energy to power appliances, against the backdrop of the national context, social policy and other relevant policies, as a result of an insufficient disposable income.
Amendment 310 #
2021/0213(CNS)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
Without prejudice to Article 5, as applicable as a single use, Member States may apply tax reductions, which shall not go below the relevant minima as set out in Tables B, C and D of Annex I on the consumption of energy products used for heating purposes or for the purposes of Article 8(2) , points (b) and (c), and on electricity in the following cases:
Amendment 319 #
2021/0213(CNS)
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
In addition to the provisions set out in the previous Articles, in particular in Articles 14, 15, 16, 17 and 18, the Council, acting unanimously on a proposal from the Commission, may adopt implementing acts, authorising any Member State to introduce further exemptions or reductions for specific policy considerations. Where it is necessary, for reasons of protection of environment and human health, including the reduction of air pollution, the Council, acting unanimously on a proposal from the Commission, may adopt implementing acts, authorising any Member State to introduce specific increased rates derogating from the ranking between the minimum levels of taxation as laid down in Annex I.
Amendment 321 #
2021/0213(CNS)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 327 #
2021/0213(CNS)
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 4
Article 22 – paragraph 4 – subparagraph 4
An entity producing electricity for its own use is regarded as a distributor. Notwithstanding Article 13, Member States may exempt small producers of electricity provided that and therefore exempt from they tax theon energy products used for the production of that electricity.
Amendment 329 #
2021/0213(CNS)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 330 #
2021/0213(CNS)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 344 #
2021/0213(CNS)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Every five years and for the first time five years after 1 January 2023, the Commission shall submit to the European Parliament and to the Council a report on the application of this Directive.
Amendment 191 #
2021/0203(COD)
Proposal for a directive
Recital 25
Recital 25
(25) It would be preferable for the energy efficiency target to be achieved as a result of the cumulative implementation of specific national and European measures promoting energy efficiency in different fields. Member States should be requirested to set national energy efficiency policies and measures . The results of those policies and measures and the individual efforts of each Member State should be evaluatused by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal. When setting the indicative national energy efficiency targets, Member States should be able to take into account national circumstances affecting primary energy consumption such as remaining cost-effective energy- saving potential, changes in energy imports and exports, development of all sources of renewable energies, nuclear energy, carbon capture and storage, and early action.
Amendment 194 #
2021/0203(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To lead by example, the public sector should set its own decarbonisation and energy efficiency goals. Energy efficiency improvements in the public sector should reflect the efforts required at Union level. To comply with the final energy consumption target, the Union should decrease its final energy consumption by 19% by 2030 as compared to the average energy consumption in years 2017, 2018 and 2019. An obligation to achiev target to encourage an annual reduction of the energy consumption in the public sector by at least 1,73% should ensure that the public sector fulfils its exemplary role. Member States retain full flexibility regarding the choice of energy efficiency improvement measures to achieve a reduction of the final energy consumption. RequiringStriving for an annual reduction of final energy consumption has a lower administrative burden than establishing measurement methods for energy savings.
Amendment 197 #
2021/0203(COD)
Proposal for a directive
Recital 28
Recital 28
(28) To fulfil their obligationachieve their target, Member States should target the final energy consumption of all public services and installations of public bodies. To determine the scope of addressees, Member States should apply the definition of contracting authorities provided in the Directive 2014/24/EU of the European Parliament and of the Council60. The obligationtarget can be fulfillachieved by the reduction of final energy consumption in any area of the public sector, including transport, public buildings, healthcare, spatial planning, water management and wastewater treatment, sewage and water purification, waste management, district heating and cooling, energy distribution, supply and storage, public lighting, infrastructure planning. To lower the administrative burden for public bodies, Member States should establish digital platforms or tools to collect the aggregated consumption data from public bodies, make them publicly available, and report the data to the Commission. _________________ 60 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
Amendment 209 #
2021/0203(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Buildings and transport, alongside industry, are the main energy users and main source of emissions.61 Buildings are responsible for about 40% of the Union’s total energy consumption and for 36% of its GHG from energy.62 The Commission Communication entitled Renovation Wave63 addresses the twin challenge of energy and resource efficiency and affordability in the building sector and aims at doubling the renovation rate. It focusses on the worst performing buildings, energy poverty and on public buildings. Moreover, buildings are crucial to achieving the Union objective of reaching climate neutrality by 2050. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of buildings owned by public bodies on the territory of a Member State to upgrade their energy performance. Member States are invited to set a higher renovation rate, where that is cost-effective in the framework of the renovation of their buildings stock in conformity with their Long Term Renovation Strategies or national renovation programmes. That renovation rate should be without prejudice to the obligations with regard to nearly- zero energy buildings (NZEBs) set in Directive 2010/31/EU of the European Parliament and of the Council.64 During the next review of Directive 2010/31/EU, the Commission should assess the progress Member States achieved regarding the renovation of public bodies’ buildings. The Commission should consider submitting a legislative proposal to revise the renovation rate, while taking into account the progress achieved by the Member States, substantial economic or technical developments, or where needed, the Union´s commitments for decarbonisation and zero pollution. The obligationpportunity to renovate public bodies’ buildings in this Directive complements that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet the requirements on NZEBs. _________________ 61 COM/2020/562 final. 62 See IRP, Resource Efficiency and Climate Change, 2020, and UN Environment Emissions Gap Report, 2019. These figures refer to the use and operation of buildings, including indirect emissions in the power and heat sector, not their full life cycle. The embodied carbon in construction is estimated to account for about 10% of total yearly greenhouse gas emissions worldwide. 63 COM/2020/662 final. 64 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 224 #
2021/0203(COD)
Proposal for a directive
Recital 45
Recital 45
(45) The energy savings obligationtarget established by this Directive should be increasmaintained and should also apply after 2030 . That ensures stability for investors and thus encourage long-term investments and long- term energy efficiency measures, such as the deep renovation of buildings with the long-term objective of facilitating the cost effective transformation of existing buildings into NZEBs. The energy savings obligationtarget has an important role in the creation of local growth, jobs, competitiveness and alleviating energy poverty. It should ensure that the Union can achieve its energy and climate objectives by creating further opportunities and to break the link between energy consumption and growth. Cooperation with the private sector is important to assess the conditions on which private investment for energy efficiency projects can be unlocked and to develop new revenue models for innovation in the field of energy efficiency.
Amendment 225 #
2021/0203(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States are requirested to achieve cumulative end-use energy savings for the entire obligation period up to 2030, equivalent to new annual savings of at least 0,86% of final energy consumption up to 31 December 2023 and of at least [xx]% as of 1 January 2024 . That requirement could be met by new policy measures that are adopted during the obligation period from 1 January 2021 to 31 December 2030 or by new individual actions as a result of policy measures adopted during or before the previous period, provided that the individual actions that trigger energy savings are introduced during the following period. To that end, Member States should be able to make use of an energy efficiency obligation scheme, alternative policy measures, or both. In addition, various options, including whether energy used in transport is included, in whole or in part, in the calculation baseline, should be provided in order to give Member States flexibility in how they calculate the amount of their energy savings, whilst ensuring that the required cumulative end-use energy savings equivalent to new annual savings of at least 0.6% are reached.
Amendment 237 #
2021/0203(COD)
Proposal for a directive
Recital 50
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271. Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72. The restriction aims at encouraging Member States to spend public money into future-proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligible. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long-term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13–43. 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
Amendment 253 #
2021/0203(COD)
Proposal for a directive
Recital 51
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, ornd mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.
Amendment 257 #
2021/0203(COD)
Proposal for a directive
Recital 53
Recital 53
(53) As an alternative to requiring obligated parties to achieve the amount of cumulative end-use energy savings required under Article 8(1) of this Directive, it should be possible for Member States, in their obligation schemes, to permit or require obligated parties to contribute to an Energy Efficiency National Fund, which could be used to implement policy measures as a priority among vulnerable customers, people affected by energy poverty and people living in social housing.
Amendment 259 #
2021/0203(COD)
Proposal for a directive
Recital 54
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies , except regarding the use of direct fossil fuel combustion technologies, unless they help to reduce net greenhouse gas emissions, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
Amendment 268 #
2021/0203(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In accordance with Article 9 of the Treaty , the Union's energy efficiency policies should be inclusive and should therefore ensure equal access to energy efficiency measures for all consumers affected by energy poverty. Improvements in energy efficiency should, be implemented as a priority among vulnerable customers and final users, people affected by energy poverty, and, where appropriate, among medium-income households and people living in social housing, elderly people and those living in rural and remote areas. In this context, specific attention should be paid to particular groups which are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, elderly people, children, and persons with a minority racial or ethnic background. Member States can require obligated parties to include social aims in energy-saving measures in relation to energy poverty and this possibility had already been extended to alternative policy measures and European Energy Efficiency National Funds. That should be transformed into an obligationmaintained to protect and empower vulnerable customers and final users and to alleviate energy poverty, whilealways allowing Member States to retain full flexibility with regard to the type of policy measure, their size, scope and content. If an energy efficiency obligation scheme does not permit measures relating to individual energy consumers, the Member State may take measures to alleviate energy poverty by means of alternative policy measures alone. Within its policy mix, Member States should ensure that other policy measures do not have an adverse effect on vulnerable customers, final users, people affected by energy poverty and, where applicable, people living in social housing. Member States should make best possible use of public funding investments into energy efficiency improvement measures, including funding and financial facilities established at Union level.
Amendment 275 #
2021/0203(COD)
Proposal for a directive
Recital 62
Recital 62
(62) Around 34 million households in the Union were unable to keep their home adequately warm in 201974. The European Green Deal prioritises the social dimension of the transition by committing to the principle that ‘no one is left behind’. The green transition, including the clean transition, affects women and men differently and may have a particular impact on some disadvantaged groups including people with disabilities. Energy efficiency measures must therefore be central to any cost-effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at Member State level. To ensure that energy efficiency measures reduce energy poverty for tenants sustainably, the cost- effectiveness of such measures, as well as their affordability to property owners and tenants, should be taken into account, and adequate financial and technical support for such measures should be guaranteed at Member State level. Member States should support the local and regional level in identifying and alleviating energy poverty. The Union's building stock needs, in the long term, to be converted to NZEBs in accordance with the objectives of the Paris Agreement. Current building renovation rates are insufficient and buildings occupied by citizens on low incomes who are affected by energy poverty are the hardest to reach. The measures laid down in this Directive with regard to energy savings obligations, energy efficiency obligation schemes and alternative policy measures are therefore of particular importance. _________________ 74 COMMISSION RECOMMENDATION of 14.10.2020 on energy poverty, C(2020) 9600 final.
Amendment 281 #
2021/0203(COD)
Proposal for a directive
Recital 63
Recital 63
(63) To tap the energy savings potential in certain market segments where energy audits are generally not offered commercially (such as small and medium- sized enterprises (SMEs)), Member States should develop programmes to encourage SMEs to undergo energy audits. Energy audits should be mandatory and regular for large enterprises, as energy savings can be significant. Energy audits should take into account relevant European or International Standards, such as EN ISO 50001 (Energy Management Systems), or EN 16247-1 (Energy Audits), or, if including an energy audit, EN ISO 14000 (Environmental Management Systems) and thus be also in line with the provisions of Annex VI to this Directive as such provisions do not go beyond the requirements of these relevant standards. A specific European standard on energy audits is currently under development. Energy audits may be carried out on a stand-alone basis or be part of a broader environmental management system or an energy performance contract. In all such cases those systems should comply with the minimum requirements of Annex VI. In addition, specific mechanisms and schemes established to monitor emissions and fuel consumption by certain transport operators, for example under EU law the EU ETS, may be considered compatible with energy audits, including in energy management systems, if they comply with the minimum requirements set out in Annex VI.
Amendment 285 #
2021/0203(COD)
Proposal for a directive
Recital 66
Recital 66
(66) The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98.5 TWh by 2030, a 28% increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7% of electricity demand in 2018 and will reach 3,21% by 2030 if development continues on the current trajectory75. Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, which is relevant for the energy performance and water footprint of data centres. Member States should collect and publish data only about data centres with a significant footprint, for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption or in the reuse of waste heat in nearby facilities and heat networks. A data centre sustainability indicator can be established on the basis of that data collected. _________________ 75 https://digital- strategy.ec.europa.eu/en/library/energy- efficient-cloud-computing-technologies- and-policies-eco-friendly-cloud-market
Amendment 334 #
2021/0203(COD)
Proposal for a directive
Recital 123
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
Amendment 349 #
2021/0203(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive lays down rules designed to implement energy efficiency as a priority across all sectors, remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy. It also provides for the establishment of indicative national energy efficiency contributiontargets for 2030.
Amendment 351 #
2021/0203(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 444 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Each Member State shall set national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those contributions together with an indicative trajectory for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing so, Member States shall use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.
Amendment 447 #
2021/0203(COD)
In setting those contributiontargets, Member States shall take into account:
Amendment 475 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Where the Commission concludes, on the basis of its assessment pursuant to Article 29(1) and (3) of Regulation (EU) 2018/1999, that insufficient progress has been made towards meeting the energy efficiency contributions, Member States that are above their indicative trajectories referred to in paragraph 2 of this Article shall ensure that additional measures are implemented within onetwo years following the date of reception of the Commission's assessment in order to ensure getting back on track to reach their energy efficiency contributions. Those additional measures shall include, but shall not be limited to, the following measures:
Amendment 479 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
b. increasing the energy savings obligationtarget set out in Article 8;
Amendment 480 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
c. adjusting the obligationtarget for public sector;
Amendment 491 #
2021/0203(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and draw up recommendations, exerciseing its power at Union level in addition to those recommendations in order to ensure, in particular, the achievement ofconvergence with the Union's 2030 targets for energy efficiency.
Amendment 492 #
2021/0203(COD)
Proposal for a directive
Chapter II – title
Chapter II – title
II EXEMPLARY ROLE OF PUBLIC SECTOR AND ENERGY EFFICIENCY
Amendment 499 #
2021/0203(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that the total final energy consumption of all public bodies combined is reduced by at least 1,73% each year, when compared to the year X-2 (with X as the year when this Directive enters into force).
Amendment 507 #
2021/0203(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999, a list of public bodies which shall contribute to the fulfilattainment of the obligationtarget set out in paragraph 1 of this Article, the amount of energy consumption reduction tohat should be achieved by each of them and the measures they plan to achieve it. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reduction achieved annually.
Amendment 603 #
2021/0203(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The obligationtarget referred to in paragraph 1 shall apply to the contracts of the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces. The obligationtarget shall not apply to contracts for the supply of military equipment as defined by Directive 2009/81/EC of the European Parliament and of the Council93. _________________ 93 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, (OJ L 216, 20.8.2009, p. 7)6.
Amendment 616 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) new savings each year from 1 January 2021 to 31 December 2023 of 0,86 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019. By way of derogation from that requirement, Cyprus and Malta shall achieve new savings each year from 1 January 2021 to 31 December 2023 equivalent to 0,24 % of annual final energy consumption, averaged over the most recent three-year period prior to 1 January 2019;.
Amendment 636 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall achieve the amount of energy savings requirindicated under paragraph 1 of this Article either by establishing an energy efficiency obligation scheme referred to in Article 9 or by adopting alternative policy measures referred to in Article 10. Member States may combine an energy efficiency obligation scheme with alternative policy measures. Member States shall ensure that energy savings resulting from policy measures referred to in Articles 9 and 10 and Article 28(11) are calculated in accordance with Annex V.
Amendment 643 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States shall ensure that policy measures implemented pursuant to this Article have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 655 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 6 – introductory part
Article 8 – paragraph 6 – introductory part
6. Provided that Member States achieve at leasstrive to meet their cumulative end-use energy savings obligationtarget referred to in point (b) of the first subparagraph of paragraph 1, they may calculate the requirindicated amount of energy savings referred to in point (b) of the first subparagraph of paragraph 1 by one or more of the following means:
Amendment 656 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point b
Article 8 – paragraph 8 – point b
(b) exclude from the calculation all or part of the sales of energy used, by volume, with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1, or final energy consumed, with respect to the obligation period referred to in point (b) of that subparagraph, by industrial activities listed in Annex I to Directive 2003/87/EC;
Amendment 659 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point c
Article 8 – paragraph 8 – point c
(c) count towards the amount of requirindicated energy savings in point (a) and (b) of the first subparagraph of paragraph 1 , energy savings achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in in Articles 23(4), point (ab) of Article 24(4), and Article 25(1), (5) to (9) and (110). Member States shall inform the Commission about their intended policy measures under this point for the period from 1 January 2021 to 31 December 2030 as part of their integrated national energy and climate plans. The impact of those measures shall be calculated in accordance with Annex V and included in those plans;
Amendment 660 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point d
Article 8 – paragraph 8 – point d
(d) count towards the amount of required energy savings, energy savings resulting from individual actions newly implemented since 31 December 2008 that continue to have an impact in 2020 with respect to the obligation period referred to in point (a) of the first subparagraph of paragraph 1 and beyond 2020 with respect to the period referred to in point (b) of the first subparagraph of paragraph 1, and which can be measured and verified;
Amendment 661 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point e
Article 8 – paragraph 8 – point e
(e) count towards the amount of requirindicated energy savings, energy savings that stem from policy measures, provided that it can be demonstrated that those measures result in individual actions carried out from 1 January 2018 to 31 December 2020 which deliver savings after 31 December 2020;
Amendment 662 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point f
Article 8 – paragraph 8 – point f
(f) exclude from the calculation of the amount of requirindicated energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1 , 30 % of the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies;
Amendment 663 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 8 – point g
Article 8 – paragraph 8 – point g
(g) count towards the amount of requirindicated energy savings pursuant to point (a) and (b) of the first subparagraph of paragraph 1 , energy savings that exceed the energy savings required for the obligation period from 1 January 2014 to 31 December 2020, provided that those savings result from individual actions carried out under policy measures referred to in Articles 9 and 10, notified by Member States in their National Energy Efficiency Action Plans and reported in their progress reports in accordance with Article 24.
Amendment 665 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 9 – point a
Article 8 – paragraph 9 – point a
(a) for the calculation of the amount of energy savings requirindicated for the obligation period referred to in point (a) of the first subparagraph of paragraph 1, Member States may make use of points (a) to (d) of paragraph 8. All the options chosen under paragraph 84 taken together shall amount to no more than 25 % of the amount of energy savings referred to in point (a) of the first subparagraph of paragraph 1;
Amendment 666 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 9 – point b
Article 8 – paragraph 9 – point b
(b) for the calculation of the amount of energy savings requirindicated for the obligation period referred to in point (b) the first subparagraph of paragraph 1, Member States may make use of points (b) to (g) of paragraph 8, provided individual actions referred to in point (d) of paragraph 84 continue to have a verifiable and measurable impact after 31 December 2020. All the options chosen under paragraph 8 taken together shall not lead to a reduction of more than 35 % of the amount of energy savings calculated in accordance with paragraphs 6 and 7.
Amendment 669 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 12
Article 8 – paragraph 12
12. Where on the basis of the assessment of the integrated national energy and climate progress reports pursuant to Article 29 of Regulation (EU) 2018/1999, or of the draft or final update of the latest notified integrated national energy and climate plan pursuant to Article 14 of Regulation (EU) 2018/1999, or the assessment of the subsequent draft and final integrated national energy and climate plans pursuant to Article 3 and 7 to 12 of Regulation (EU) 2018/1999, the Commission concludes that policy measures do not ensure the achievement of the required amount of cumulative end-use energy savings by the end of the obligation period, the Commission may issue recommendations in accordance with Article 34 of Regulation (EU) 2018/1999 to the Member States whose policy measures it deems insufficient to ensure the fulfilmentmeeting of their energy savings obligationtargets.
Amendment 670 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 13
Article 8 – paragraph 13
13. Where a Member State has not achieved the requirindicated cumulative end-use energy savings by the end of each obligation period set out in paragraph 1 of this Article, it shall achieve the outstanding energy savings in addition to the cumulative end- use energy savings required by the end of the following obligation period.
Amendment 672 #
2021/0203(COD)
Proposal for a directive
Article 8 – paragraph 14 – point c
Article 8 – paragraph 14 – point c
(c) that policy measures are established for fulfilling theirachieving real energy savings obligation, designed in compliance with the requirements of this Article and that those policy measures are eligible and appropriate to ensure the achievement of the requirindicated amount of cumulative end- use energy savings by the end of each obligation period.
Amendment 675 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where Member States decide to fulfil their obligations to achieve the amount ofconverge towards the energy savings requiredtargets under Article 8(1) by way of an energy efficiency obligation scheme, they shall ensure that obligated parties as referred to in paragraph 2 of this Article operating in each Member State's territory achieve, without prejudice to Article 8(89) and (910), their cumulative end-use energy savings requirement as set out in Article 8(1).
Amendment 676 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Where applicable, Member States may decide that obligated parties fulfil those savings recommendations, in whole or in part, as a contribution to the Energy Efficiency National Fund in accordance with Article 28(11).
Amendment 683 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligationtarget shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 10 of this Article.
Amendment 685 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where retail energy sales companies are designated as obligated parties under paragraph 2, Member States shall ensure that, in fulfilling their obligation, retail energy sales companies do not create any barriers that impede consumers from switching from one supplier to another.
Amendment 692 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Member States may require obligated parties to achieve a share of their energy savings obligation among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States may also requirecommend that obligated parties to achieve energy cost reduction targets and to achieve energy savings by promoting energy efficiency improvement measures, including financial support measures mitigating carbon price effects on SMEs and micro-SMEs.
Amendment 697 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States may require obligated parties to work with local authorities or municipalities to promote energy efficiency improvement measures among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. This includes identifying and addressing the specific needs of particular groups at risk of energy poverty or more susceptible to its effects. To protect people affected by energy poverty vulnerable customers and, where applicable, people living in social housing, Member States shall encourage obligated parties to carry out actions such as renovation of buildings, including social housing, replacement of appliances, financial support and incentives for energy efficiency improvement measures in conformity with national financing and support schemes, or energy audits.
Amendment 700 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
6. Member States shall require obligated parties to report on an annual basis on the energy savings achieved by the obligated parties from actions promoted among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing, and shall require aggregated statistical information on their final customers (identifying changes in energy savings to previously submitted information) and regarding technical and financial support provided.
Amendment 701 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. Member States shall express the amount of energy savings required of each obligatedcommended for each party in terms of either final or primary energy consumption. The method chosen to express the amount of energy savings requirindicated shall also be used to calculate the savings claimed by obligated parties. When converting the amount of energy savings, the net calorific values set out in Annex VI of Commission Implementing Regulation (EU) 2018/206695 and the primary energy factor pursuant to Article 29 shall apply unless the use of other conversion factors can be justified . _________________ 95 Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012, OJ L 334, 31.12.2018, p. 1–93.
Amendment 703 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Member States shall establish measurement, control and verification systems for carrying out documented verification on at least a statistically significant proportion and representative sample of the energy efficiency improvement measures put in place by the obligated parties. The measurement, control and verification shall be carried out independently of the obligated parties. Where an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 and under the EU Emissions Trading System to buildings and road transport [COM(2021) 551 final, 2021/0211 (COD)96 _________________ 96 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concernReference to proposal], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according to Article XX of Directive XX] shall be taken into account ing the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757, (Text with EEA relevance){SEC(2021) 551 final} - {SWD(2021) 557 final} - {SWD(2021) 601 final} -{SWD(2021) 602 finalcalculation and reporting of energy savings of the entity´s energy saving measures.96 _________________ 96 THIS FOOTNOTE IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE.
Amendment 704 #
2021/0203(COD)
10. Within the energy efficiency obligation scheme, Member States may authorise obligated parties to carry out the following:
Amendment 705 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 10 – point a
Article 9 – paragraph 10 – point a
(a) to count towards their obligation certified energy savings achieved by energy service providers or other third parties, including when obligated parties promote measures through other State- approved bodies or through public authorities that may involve formal partnerships and may be in combination with other sources of finance. Where Member States so permit, they shall ensure that the certification of energy savings follows an approval process that is put in place in the Member States, that is clear, transparent, and open to all market participants, and that aims to minimise the costs of certification;Does not affect the English version.)
Amendment 706 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 10 – point b
Article 9 – paragraph 10 – point b
(b) to count savings obtained in a given year as if they had instead been obtained in any of the four previous or three following years as long as this is not beyond the end of the obligation periods set out in Article 8(1).
Amendment 707 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 10 – subparagraph 1
Article 9 – paragraph 10 – subparagraph 1
Member States shall assess and, if appropriate, take measures to minimise the impact of the direct and indirect costs of energy efficiency obligation schemes on the competitiveness of energy-intensive industries exposed to international competition.
Amendment 708 #
2021/0203(COD)
Proposal for a directive
Article 9 – paragraph 11
Article 9 – paragraph 11
11. Member States shall, on an annual basis, publish the energy savings achieved by each obligated party, or each sub- category of obligated party, and in total under the scheme.
Amendment 709 #
2021/0203(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where Member States decide to fulfil their obligations to achieve thework towards meeting the energy savings requiredtargets under Article 8(1) by way of alternative policy measures, they shall ensure, without prejudice to Article 8(89) and (910), that the energy savings required under Article 8(1) are achieved among final customers.
Amendment 752 #
2021/0203(COD)
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Enterprises that implement an energy performance contract shall be exempted from the requirementcommendations of paragraphs 1 and 2 provided that the energy performance contract complies with the requirements set out in Annex XIV.
Amendment 1037 #
2021/0203(COD)
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point b
Article 33 – paragraph 7 – subparagraph 1 – point b
(b) the Union's 2030 headline targets on energy efficiency set out in Article 4(1) with a view to revising those that targets upwards in the event of substantial cost reductions resulting from economic or technological developments, or where needed to meet the Union's decarbonisation targets for 2040 or 2050, or its international commitments for decarbonisation;
Amendment 1038 #
2021/0203(COD)
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point c
Article 33 – paragraph 7 – subparagraph 1 – point c
(c) if Member States shallould continue to achieve new annual savings in accordance with point (c) of the first subparagraph of Article 8 for the ten-year periods after 2030;
Amendment 1039 #
2021/0203(COD)
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point d
Article 33 – paragraph 7 – subparagraph 1 – point d
(d) if Member States shallould continue to ensure that at least 3% of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year in accordance with paragraph 1 of Article 6 with a view to revising the renovation rate in that Article;
Amendment 1040 #
2021/0203(COD)
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point e
Article 33 – paragraph 7 – subparagraph 1 – point e
(e) if Member States shallould continue to achieve a share of energy savings among vulnerable customers, people affected by energy poverty, and, where applicable, people living in social housing, in accordance with paragraph 3 of Article 8 for the ten-year periods after 2030;
Amendment 1041 #
2021/0203(COD)
Proposal for a directive
Article 33 – paragraph 7 – subparagraph 1 – point f
Article 33 – paragraph 7 – subparagraph 1 – point f
(f) if Member States shallould continue to achieve a reduction of final energy consumption in accordance with Article 5(1).
Amendment 128 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values and the Charter of Fundamental Rights of the European Union. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 134 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented or reduced, by laying down minimum uniform obligations for operators and guaranteeing the uniformorganic and consistent protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 136 #
2021/0106(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Artificial intelligence is a fast evolving family of technologies that can contribute to a wide array of economic and societal benefits across the entire spectrum of industries and social activities. By improving prediction, optimising operations and resource allocation, and personalising digital solutions available for individuals and organisations, tThe use of artificial intelligence can provide key competitive advantages to companies and support socially and environmentally beneficial outcomes, for example in healthcare, farming, education and training, infrastructure management, energy, transport and logistics, public services, security, justice, resource and energy efficiency, and climate change mitigation and adaptation.
Amendment 142 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, artificial intelligence may generate serious risks and cause harm to public interests and rights that are protected by Union law. Such harm might be material or immaterial.
Amendment 148 #
2021/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should also apply to Union institutions, offices, bodies and agencies when acting as a provider or user of an AI system. AI systems exclusively developed or used for military purposes should also be exincluded fromin the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V of the Treaty on the European Union (TEU). This Regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in Directive 2000/31/EC of the European Parliament and of the Council [as amended by the Digital Services Act].
Amendment 155 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, common normative standards for all high-risk AI systems should be established to restrict or prevent the use or marketing of systems known to be high-risk. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non- discriminatory and in line with the Union’s international trade commitments.
Amendment 157 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, common normative standards for all high-risk AI systems should be established. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 160 #
2021/0106(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to introduce a proportionate and effective set of binding rules for AI systems, a clearly defined risk- based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain artificial intelligence practices, including those defined as ‘high-risk’, and to lay down requirements for highmedium/low-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems.
Amendment 164 #
2021/0106(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technology can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and shouldabsolutely must be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and Union fundamental rights, including the right to non-discrimination, data protection and privacy and the rights of the child.
Amendment 165 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended to distort human behaviour, whereby physical or psychological harms are likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 172 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. They may violate the right to dignity and non- discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. Such AI systems should be thereforIt is therefore extremely important for such AI systems to be prohibited.
Amendment 179 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The use of those systems for the purpose of law enforcement shouldmust therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use isas a matter of principle and without any general exceptions. Only in exceptional cases and on the basis of decisions taken by the judicial authority competent on the matter and in the territory of one of the Member States, within the scope of the following three exhaustively listed and narrowly defined situations, may the use of such systems be permitted to the extent and for the time period strictly necessary to achieve an extremely substantial public interest, the importance of which outweighsis considered by the relevant judicial authority to prevail over the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least threen years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
Amendment 180 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 185 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement shouldmust be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earliern independent judicial authority of a Member State. Such authorisation absolutely must be obtained prior to the use.
Amendment 188 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context, this Regulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to it.
Amendment 190 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union and such limitation minimises any potential restriction to international trade, if any.
Amendment 193 #
2021/0106(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) AI systems could produce adverse outcomes to health and safety of persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments and always under close supervision by human intelligence, with the ability to stop any of their actions quickly, if necessary. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate and never totally independent of human control. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. or medium/low-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons.
Amendment 197 #
2021/0106(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation, it is also appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular,Examples of such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
Amendment 198 #
2021/0106(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a high risk of harm to the health and safety or the fundamental rights of persons, taking into account both the severity of the possible harm and its probability ofthe possibility that it may occurrence and they are used in a number of specifically pre- defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems.
Amendment 203 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 204 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scpolitical orientation or personale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own usepinions, or create new forms of discriminatory impacts. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 206 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
Amendment 209 #
2021/0106(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To mitigeliminate the risks from high- risk AI systems placed or otherwise put into service on the Union market for users and affected persons, the use of these systems must be prohibited, and only systems known to be medium/low-risk must be permitted to be placed on the market, applying to the latter certain mandatory requirements should apply, taking into account the intended purpose of the use of the system and according to the risk management system to be established by the provider.
Amendment 228 #
2021/0106(COD)
Proposal for a regulation
Recital 68
Recital 68
Amendment 232 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, tThe use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 238 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouragadvised to establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
Amendment 252 #
2021/0106(COD)
Proposal for a regulation
Recital 81
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged tononetheless create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
Amendment 257 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) specific requirements for high-risk and non-high-risk AI systems and obligations for operators of such systems;
Amendment 261 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 276 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means an automated system or software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
Amendment 319 #
2021/0106(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 344 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular therrespective of the level of seriousness, probability andor scale of those consequences.
Amendment 347 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use.
Amendment 372 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is not easily reversible or remedied, whereby outcomes having an impact on the health or safety of persons shall not be considered as easily reversible or remedied;
Amendment 386 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known or andy foreseeable risks associated with each high-risk AI system;
Amendment 393 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptablelimited and acceptable by the user, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the user.
Amendment 430 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 431 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabloffering the technical possibility of automatically recording of events (‘logs’) while the high-risk AI system is operating. Those logging capabilities shall conform to recognised standards or common specifications.
Amendment 433 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. HAll AI systems, including high-risk AI systems, shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that is relevant, accessible and comprehensible to users.
Amendment 434 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point ii
Article 13 – paragraph 3 – point b – point ii
(ii) the level of accuracy, robustness and cybersecurity referred to in Article 15, where applicable, against which the high-risk AI system has been tested and validated and which can be expected, and any known and foreseeable circumstances that may have an impact on that expected level of accuracy, robustness and cybersecurity;
Amendment 435 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
Article 13 – paragraph 3 – point b – point iii
(iii) any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, which may lead to risks to the health and safety or fundamental rights;
Amendment 440 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can always be effectively overseen by natural persons during the period in which the AI system is in use.
Amendment 442 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or fundamental rights that may emerge when an AI system, especially a high-risk AI system, is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
Amendment 449 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) remain vigilant and aware of the possible tendency of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high-risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
Amendment 451 #
2021/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point d
Article 14 – paragraph 4 – point d
(d) be able to decide, in any particular situationll cases, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
Amendment 456 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. HAll high-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose, an appropriate level of accuracy, robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
Amendment 462 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. High-riskAll AI systems shall be resilient as regards errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
Amendment 465 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – introductory part
Article 15 – paragraph 4 – introductory part
4. HAll AI systems, especially high-risk AI systems, shall be resilient as regards attempts by unauthorised third parties to alter their use or performance by exploiting the system vulnerabilities.
Amendment 467 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The technical solutions aimed at ensuring the cybersecurity of high-riskall AI systems shall be appropriate to the relevant circumstances and the risks.
Amendment 470 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The technical solutions to address AI specific vulnerabilities shall include, where appropriate, measures to prevent and control for every possible attack, including attacks trying to manipulate the training dataset (‘data poisoning’), inputs designed to cause the model to make a mistake (‘adversarial examples’), or model flaws.
Amendment 472 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Providers of AI systems, and high-risk AI systems in particular, shall:
Amendment 473 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) ensure that their high-risk AI systems are compliant with the requirements set out in Chapter 2 of this Title;
Amendment 474 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems;
Amendment 475 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j
Article 16 – paragraph 1 – point j
(j) upon request of a national competent authority, demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title.
Amendment 478 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of the high-risk AI system and applicable legal obligations under Union or national law.
Amendment 480 #
2021/0106(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Providers that are credit institutions regulated by Directive 2013/36/EU shall maintain the logs automatically generated by their high-risk AI systems as part of the documentation under Article 74 of that Directive.
Amendment 481 #
2021/0106(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 482 #
2021/0106(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competent authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non- compliance and of any corrective actions taken.
Amendment 485 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 486 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Where an importer considers or has reason to consider that a high-riskn AI system is not in conformity with this Regulation, it shall not place that system on the market until that AI system has been brought into conformity. Where the high- risk AI system presents a risk within the meaning of Article 65(1), the importer shall inform the provider of the AI system and the market surveillance authorities to that effect.
Amendment 487 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, and the address at which they can be contacted on the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, as applicable.
Amendment 488 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Importers shall ensure that, while a high-riskn AI system is under their responsibility, where applicable, storage or transport conditions do not jeopardise its compliance with the requirements set out in Chapter 2 of this Title.
Amendment 489 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Importers shall provide national competent authorities, upon a reasoned request, with all necessary information and documentation to demonstrate the conformity of a high-riskn AI system with the requirements set out in Chapter 2 of this Title in a language which can be easily understood by that national competent authority, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law. They shall also cooperate with those authorities on any action national competent authority takes in relation to that system.
Amendment 490 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-riskn AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the provider or the importer of the system, as applicable, to that effect.
Amendment 491 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Distributors shall ensure that, while a high-riskn AI system is under their responsibility, where applicable, storage or transport conditions do not jeopardise the compliance of the system with the requirements set out in Chapter 2 of this Title.
Amendment 492 #
2021/0106(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-riskn AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
Amendment 502 #
2021/0106(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 509 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. High-risk AI systems which are in conformity with the common specifications referred to in paragraph 1 shall be presumed to be in conformity with the requirements set out in Chapter 2 of this Title, to the extent those common specifications cover those requirements.
Amendment 518 #
Amendment 520 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The EU declaration of conformity shall state that the high-risk AI system in question meets the requirements set out in Chapter 2 of this Title. The EU declaration of conformity shall contain the information set out in Annex V and shall be translated into an official Union language or languages required by the Member State(s) in which the high-risk AI system is made available.
Amendment 530 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
Amendment 536 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
2. Users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detect, prevent and investigate criminal offences.
Amendment 540 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 562 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to health and safety and fundamental rights identified during the development and testing of such systems shall result in immediate mitigation or closure of the sandbox and, failing that, in the suspension of the development and testing process until such mitigation takes place.
Amendment 570 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. Member States shallmay undertake the following actions:
Amendment 613 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Providers shall establish and document a post-market monitoring system in a manner that is proportionate to the nature of the artificial intelligence technologies and the risks of the high-risk AI system.
Amendment 614 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2.
Amendment 616 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
Amendment 627 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. The following infringements shall be subject to administrative fines of up to 51 000 000 EUR:
Amendment 628 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 2500 000 EUR.
Amendment 629 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [123 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned.
Amendment 74 #
2020/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the strong link with the Farm to Fork strategy and the need for a holistic approach to the food system; calls on the Commission to establish an evidence-based evaluation of the implementation of the strategy’s measures and targets, in particular of the individual and cumulative impacts on the social and economic sustainability of agriculture in the EU, food security and prices, and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural production with imports; stresses, in this respect, that trade agreements such as the EU-Mercosur Trade Agreement or the EU-Mexico Trade Agreement, whether currently in force or under negotiation, are contrary to the objectives of the Biodiversity Strategy;
Amendment 133 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key role of the common agricultural policy (CAP) in protecting and promoting farmland biodiversity; underlines the potential of the green architecture components of the CAP in promoting and providing incentives for the transition to more sustainable agricultural systems for producing food and maintaining high nature value farmland; highlights the importance of pasture systems that preserve many millions of hectares of grassland and hedges and that are key sources of biodiversity; considers that Member States must ensure the timely development and uptake of actions which contribute to enhancing the delivery and potential of biodiversity benefits in line with the required level of ambition;
Amendment 156 #
2020/2273(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to carry out holistic and cumulative assessments of the impact of the implementation of the strategy’s measures and targets on the social and economic sustainability of agriculture and forestry within and outside the EU, on food safety and on prices;
Amendment 172 #
2020/2273(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges the efforts made to date by the EU Member States and by the various sectors involved and stakeholders, in particular in the agriculture and forestry sector; emphasises that sustainable and effective management of natural processes is of the utmost importance for maintaining biodiversity, and that, in particular, greater efforts should be made to link different urban, agricultural and protected areas that support biodiversity in relation to the negative impact of climate change; recognises that the EU already has the largest coordinated network of protected areas in the world;
Amendment 206 #
2020/2273(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the recognition of organic farming, family livestock production and pasturing as a strong components on the EU’s path towards more sustainable food systems; underlines that the development of organic food productionsuch systems must be accompanied by research, innovation and scientific transfer, market and supply chain development, and measures stimulating demand for organicsustainable food, ensuring both the stability of the organicagricultural products market and the fair remuneration of farmers;
Amendment 221 #
2020/2273(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of sustainable forest management for the health and longevity of forest ecosystems and the preservation of the multifunctional role of forests; highlights the potential of agroforestry to improve and boost ecosystem services and farmland biodiversity, while enhancing farm productivity; draws the attention of the Commission and the Member States to the obvious fact that the EU-Mercosur Trade Agreement, like many other trade agreements aimed at making it easier to import into the EU food produced under conditions resulting in major deforestation, will have the effect of automatically increasing the EU’s ‘imported deforestation’, in clear contradiction with the Biodiversity Strategy and the Green Deal ambitions;
Amendment 252 #
2020/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses strong support forNotes the targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, including primary and old-growth forest; stresses that impact assessments should evaluate the effects of increasing the protected areas, including losses; stresses that theseis target should be binding and implemented by Member States in accordance with science-based criteria and biodiversity needs, socio-economic aspects, and respect for the property rights of farmland and forest owners; underlines that, in addition to increasing protected areas, the quality of protected areas should be ensured and clear conservation and management plans implemented, together with adequate compensation for the effects suffered by stakeholders;
Amendment 274 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that the protection and restoration of rural areas and the protection of wild animal species must be consistent with local economic development, providing for sustainable management policies based on containment and careful monitoring of the spread of wildlife in the areas concerned;
Amendment 294 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises that it is important for the EU and the global biodiversity strategies to have the same level of ambition, particularly with regard to the level of protection; emphasises that the updated zero draft of the Post-2020 Global Biodiversity Framework, which takes into account the results of the second meeting of the Open-ended Working Group on the Post-2020 Global Biodiversity Framework, does not include a reference to strict protection; calls, therefore, on the Commission to ensure that any soil protection targets are sufficiently flexible to allow their implementation to take account of the specific conditions and opportunities in each country and the rights of land and forest owners, with strict protection being a voluntary option for land and forest owners;
Amendment 316 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses the need to clarify the definitions of the different elements of the strategy in consultation with Member States and stakeholders, in particular in the areas of agriculture, fisheries and forestry;
Amendment 329 #
2020/2273(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the upcoming legislative proposal on the EU Nature Restoration Plan and reiterates its call for a restoration target of at least 30 % of the EU’s land and seas, which should be implemented by each Member State consistently throughout all of their territory and based on thorough and convincing impact assessments; considers that in addition to an overall target for restoration target, ecosystem- specific targetopportunities should be setconsidered, with a particular emphasis on ecosystems for the dual purposes of biodiversity restoration and climate change mitigation and adaptation; stresses that after restoration, no ecosystem degradation should be allowed; stresses the need to prioritise positive incentives and the voluntary participatory bottom-up process with a view to increasing acceptance, motivation and commitment to protecting and restoring biodiversity; calls, therefore, for a very careful approach to any new legally binding instruments;
Amendment 393 #
2020/2273(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the Biodiversity Strategy’s actions must adequately tackle all five main direct drivers of change in nature: changes in land and sea use; direct exploitation of organisms; climate change; pollution; and invasive alien species; stresses that climate change has been assessed globally, with differences emerging between regions, and that its impact on nature is already being felt by ecosystems and by the genetic base of their component species; notes that this impact is expected to increase over the coming decades, in some cases outweighing the impact of changes in the use of the land and sea and other factors; emphasises that acting early in these areas is a priority;
Amendment 436 #
2020/2273(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that soil biodiversity is the basis for key ecological processes; notes with concern the increased soil degradation and the lack of specific EU legislation; calls on the Commission to submit a legislative proposal for the establishment of a common frameworka new soil strategy for the protection and sustainable use of soil, that includes a specific decontamination targeto be implemented in a manner consistent with other policies;
Amendment 460 #
2020/2273(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 479 #
2020/2273(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to set specific ambitious targets on urban biodiversity, nature-based solutions and green infrastructure and to develop a Trans-European Network for Green Infrastructure (TEN-G) linked to the Trans- European Nature Network (TEN-N); calls, in particular, on the Commission to share the administration of these TEN-G and TEN-N areas with local communities and with forestry, agriculture and research operators and all other stakeholders, by setting up intermediate management structures to encourage shared approaches for adopting effective, participatory, transparent and consistent long-term solutions that tackle biodiversity loss in a tangible manner;
Amendment 531 #
2020/2273(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % ofNotes the 2030 targets and is in favour of increasing agricultural land undefor organic farm management, which should become the norm in the long term, and ensuring that at least 10 % ofproduction or for other agroecological practices that are in line with market developments, and of devoting, by way of a voluntary approach, agricultural land consists ofat EU level to high- diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive financial and other support and training in the transition towards agroecological practicesmore sustainable practices, including by establishing appropriate compensation for products grown in this way;
Amendment 605 #
2020/2273(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that priority for protected areas must be environmental conservation and restoration and that no activity in these areas should undermine this goal; cCalls on the Commission to avoid future marine renewable energy developments and bottom-trawling fishing within Marine Protected Areas;
Amendment 641 #
2020/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that the new EU Forest Strategy must be fully alignedconsistent with the Climate Law and the Biodiversity Strategy; calls for the inclusion in the Nature Restoration Plan of specific binding targets for the protection and restoration of forest ecosystems, which should also be incorporated into the Forest Strategy;
Amendment 654 #
2020/2273(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 669 #
2020/2273(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the Union’s tree planting initiatives should be based on prosustainable forestation, sustainableclimate-adapted reforestation and the greening of urban areas; calls on the Commission to ensure that these initiatives are carried out only in a manner compatible with and conducive to the biodiversity objectives, and to guarantee the necessary biological connections between the different areas (urban, rural and protected) in the territories concerned;
Amendment 702 #
2020/2273(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to urgently present a proposal for an EU legal framework based on mandatory due diligence that ensures sustainable and deforestation-free value chains;
Amendment 786 #
2020/2273(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. WelcomNotes the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %,up to 50 %, reducing the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made binding; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for agricultural reasons and assessed on the basis of health and environmental factorand limiting nutrient losses by 2030, in view of the need to safeguard the production potential of EU farms;
Amendment 794 #
2020/2273(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that, in order to achieve the stated objectives, it is essential to find alternative solutions to ensure that farmers have access to a range of suitable, safe, effective and affordable tools, as well as access to the latest information and technology and the best advisory services; calls on the Commission, in particular, to encourage and promote alternative solutions to pesticides and fertilisers, ensuring sufficient investment for their research and development; calls on the Commission, moreover, to revise the legislation to allow swift adjustments to be made when authorising alternative products in order to get them onto the market quickly;
Amendment 829 #
2020/2273(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 839 #
2020/2273(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to draw up a new proposal to develop pollinators’ habitats, harnessing the ecosystem services provided by the relevant sectoral operators and the benefits that they bring, by providing farmers with appropriate advice that, in exchange for fair compensation, allows plant species to be planted to boost pollinators’ health and crop diversification on farmland to improve the pollination service and preserve biodiversity;
Amendment 872 #
2020/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that the list of Union concern represents less than 6 % of IAS present in Europe; calls on the Commission to ensure proper coverage of IAS affecting threatened species on the EU list and to reinforce prevention by introducing mandatory risk assessments prior to the first import of non-native species and by adopting white lists by 2030 at the l, by 2030 at the latest, white lists that are mandatory and that apply to all Member Statest;
Amendment 915 #
2020/2273(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to ensure effective biodiversity mainstreaming and proofing across EU spending and programmes on the basis of the EU Taxonomy and the ‘do no significant harm’ principle; calls on the Commission to provide a comprehensive assessment of how the EUR 20 billion per year needed for nature could be mobilised, to make corresponding proposals for the Union’s annual budget and to examine the need for a dedicated funding instrument for TEN-N; considers that efforts should be made to reach 10 % annual spending on biodiversity under the multiannual financial framework (MFF) as soon as possible from 2021 onwards;
Amendment 932 #
2020/2273(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmful to the environment with a view to their phasing out by 2030 at the latest; reiterates its calls for the reorientation of taxation systems towards an increased use of environmental taxation so that the circulation and provision of foodstuffs are not negatively affected; calls on the Commission to consider forms of compensation in response to the potential economic losses incurred;
Amendment 971 #
2020/2273(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the need for a legally binding biodiversity governance framework, similar to the Climate Law, which steers a path to 2050 through a set of binding objectives, including targets for 2030 and the COP15 commitments, and which establish which establishes a monitoring mechanism with smart indicators that factors in the actual achievement of the targets over a longer period of time in line with natural cycles, a monitoring mechanism with smart indicators; calls on the Commission to submit a legal proposal to this end in 2022s opposed to binding targets set using human-centred choices and legal instruments;
Amendment 1122 #
2020/2273(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that marine plastic pollution has increased tenfold since 1980, affecting at least 267 species; calls on the Union to lead negotiations for an international agreement for plastic-free oceans by 2030; calls on the Commission to assess the possibility of involving local fishing communities based far and wide across the Member States in recovering and tackling plastic littering in the seas in order to meet this objective, in exchange for fair compensation for operators;
Amendment 1198 #
2020/2273(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that the successful implementation of the strategy depends on the involvement of all actors and sectors, especially those most affected; calls on the Commission to create a stakeholder platform for discussion and to ensure an inclusive, equitable and just transition; stresses the importance of carrying out complete and in-depth impact assessments of the general strategy and any related legislative initiatives; stresses the need to avoid unnecessary administrative burdens when implementing the strategy;
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 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 32 #
2020/2202(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points out that bilateral or multilateral agreements need to be introduced to meet the pressing need for European citizens to have in place both a digital and paper-based solution for all processes relating to identity, health, education and/or training, work, social protection and banking services;
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 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 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 7 #
2020/2076(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the COVID-19 pandemic has created an unprecedented recession in the Union, the effects of which will be felt even more strongly in the industrial sector, with many businesses notably weakened or forced to close down;
Amendment 12 #
2020/2076(INI)
Draft opinion
Recital B
Recital B
B. whereas the EU’s microenterprises and SMEs have traditionally generated a high share of the EU’s employment, and in so doing have ensured social and economic well-being and prosperity;
Amendment 28 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the EU’s industrial future is linked to an alignment of the economy with the principles of the European Green Deal,above all to a full economic recovery following the pandemic crisis and to a roadmap towards a new growth policy for the EU, bring carrying citizens, cities and regions together the same higher level of development, and allowing for a just transition;
Amendment 39 #
2020/2076(INI)
Draft opinion
Paragraph 1 – point c (new)
Paragraph 1 – point c (new)
(c) Stresses the need to secure supply in the absence of local solutions, especially by ensuring a geographical spread of supply sources;
Amendment 59 #
2020/2076(INI)
3. Stresses that in supporting microenterprises and SMEs through the European Structural and Investment Funds (ESIF) the goal should be, inter alia, an innovative and smart economic transformation, a greener and low carbon EU, as well as an EU which is more connected and aims to ensure long- term and sustainable employment;
Amendment 78 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. ReiteraNotes that the public sector has an important new role to play in facilitating a just transition by promoting a green and fair energy transition, green and blue investments, the circular economy, as well as climate adaptation of territories and risk prevention in all EU regions;
Amendment 92 #
2020/2076(INI)
Draft opinion
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Calls for the fortification of research sectors with policies ensuring a high level of patent protection and effective defences against industrial espionage;
Amendment 17 #
2020/2074(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that cohesion policy must support strong climate mainstreamingthe process of alignment with the requirements for tackling climate issues in agriculture and food- related sectors;
Amendment 28 #
2020/2074(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 51 #
2020/2074(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the importance of linking regional environmental strategies to, which already aim to achieve ambitious climate targets that go beyond the overall target of achieving a climate- neutral EU by 2050strike a balance between economic and productive needs and climate change, taking into account the potfundamential contribution of the farming, food and forestry sectors;
Amendment 71 #
2020/2074(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that regional environmental strategies should support renewable energy production aimed at productivity and resource efficiency in the farming, food and forestry sectors; suggests that the relevant authorities prioritise the most sustainable options, such as wind or solar, and subject bioenergy projects to strict sustainability criteriawhile taking into account the economic and productive needs of the farming, food and forestry sectors;
Amendment 89 #
2020/2074(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of re- localising food and feed production, notably the production of plant proteins, in climate change mitigationand the rearing of various types of livestock, as this shortens transport distances and limits deforestation; underlines the opportunities offered by cohesion policy and regional environmental strategies in supporting this re-localisation;
Amendment 121 #
2020/2074(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that EU macro-regional strategies should help build cooperation in order to solve regional issues linked to economic development and to the costs needed for climate mitigation and for adaptation in the farming, food and forestry sectors, in fields such as flood and fire protection, efficient collective waste management, including with the aim of energy production, and the re-localisation of food production.;
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 183 #
2020/2058(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 270 #
2020/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Innovation Fund and the Modernisation Fund should make a significant contribution to the sustainable transition, and welcomes in particular the fact that the Modernisation Fund is designed to support investments to improve energy efficiency in 10 lower-income Member States and is therefore an important tool in ensuring a just transition; recalls that successful transition depends on the support of local stakeholders and the incentives received by them; urges that funding be made available to them through channels such as direct financing platforms that are outside the banking and financial system;
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 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 37 #
2020/2040(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the involvement of local and regional authorities, gender equality institutions and non-governmental organisations in partnership agreements and monitoring committees is still insufficient;
Amendment 55 #
2020/2040(INI)
Motion for a resolution
Recital G
Recital G
G. whereas preliminary studies suggest that the COVID-19 pandemic has exacerbated existing inequalities, by disproportionately impacting women and marginalised groups, not only because they are often in precarious jobs, but also because they often make up the majority in sectors exposed to the pandemic, such as education and health;
Amendment 83 #
2020/2040(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that EU rules should be written in a clear and explicit way, and be bindingact as an incentive in relation to gender equality;
Amendment 87 #
2020/2040(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 92 #
2020/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises the importance of a coordinated governance frameworkmonitoring on gender equality, national guidelines and technical support, and stronger scrutiny at EU level after the adoption of operational programmin particular to compensate for the impact of the COVID-19 pandemic on precarious jobs and on the most exposed activities;
Amendment 96 #
2020/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out the insufficient training and capacity-building of Managing Authorities and implementing partners as regards the gender dimension of the European Structural and Investment Funds (ESI Funds), as well as insufficient gendergender equality-oriented monitoring and evaluation systems;
Amendment 99 #
2020/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the lack of a binding gender equality strategy at national and regional level and a lack of awareness as regards the benefits of pursuing gender equality for socio-economic growth and sustainable development;
Amendment 106 #
2020/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Member States to coordinate closely with local and regional authorities and civil society partners, in particular in the framework of the partnership agreement and when drafting the partnership principle, to take into account challenges related to effective equality policies at local and regional level;
Amendment 113 #
2020/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that programme stakeholders and monitoring committees still lack expertise on the implementation of a gender perspectiveequality in concrete projects, especially in European Regional Development Fund (ERDF) interventions; considers there to be a lack of guidelines, training programmes and concrete examples of good practice to address this;
Amendment 120 #
2020/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that all programmes implemented under cohesion policy should ensuretake into account gender equality throughout their preparation, implementation, monitoring and evaluation, as well as equal opportunities for all, without discrimination based on gender or sexual orientation;
Amendment 154 #
2020/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for compulsory requirementsincentive-based evaluation criteria on gender equality objectives to be introduced in all post-2020 operational programmes, with specific and interdisciplinary measures to be translated into all operations;
Amendment 166 #
2020/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 183 #
2020/2040(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that gender mainstreamingequality must be applied in all stages of the budgetary process; stresses the need to track spending on gender equality in all budget lines, not just in targeted measures, and to assess the final impact of the budgetary lines on gender equality; requests that the Commission, in cooperation with the European Court of Auditors, propose a methodology to that end; recommends the use of criteria such as the national median wage and the median annual gross income in purchasing power parity;
Amendment 186 #
2020/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Ccalls on all institutions to provide guidance documents and training sessions, so as to disseminate concrete examples of good practices on genderin mainstreaming gender equality; stresses, moreover, that at the project selection stage the criteria for gender mainstreaming gender equality should be strengthened through higher scoring and requirements for more practical actions; recommends making use of the existing tools developed by the European Institute for Gender Equality (EIGE) such as its toolkit for gender budgeting in the ESI Funds;
Amendment 194 #
2020/2040(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to include the necessary recommendations on promoting the gender dimension and gender equality-related issues in its communication on the launch of the new cohesion policy 2021-2027;
Amendment 42 #
2020/2039(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the health and economic crisis generated by the COVID-19 pandemic made clear that solidarity between generations is one of the driving forces of the recovery process and that health infrastructures have to be accessible to the population in the whole territory;
Amendment 54 #
2020/2039(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas insular and mountainous regions suffer from a structural on the geographic, social and economic point of view and therefore they are particularly affected by the depopulation trend;
Amendment 64 #
2020/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Observes in this context significant demographic contrasts at both Union and Member State level between core, metropolitan regions and periphery, often ruraland in comparison with rural, insular and mountainous areas;
Amendment 91 #
2020/2039(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that in general rural, post- industrial, insular, mountainous and remote areas are facing a number of specific situations: a considerable decline in population numbers, lower than national or EU average levels of income and difficulties of territorial integration with other regions, making them more exposed to the risk of depopulation; points out that rural regions currently account for 28 % of Europe’s population but this is predicted to fall significantly in the future;
Amendment 97 #
2020/2039(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Draws attention to some of the drivers of demographic change, forcing inhabitants from the abovementioned areas to leave and discouraging others from moving there: offshoring and the absence of genuine national reshoring policies, failure to implement pro-birth policies, poor infrastructure, including a lack of fast broadband internet and missing transport networks, fewer job opportunities, lack of public services and difficult access to health services, fewer education opportunities, making it more difficult to adapt to technological change, and a lack of cultural venues and leisure activities;
Amendment 105 #
2020/2039(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that this lack of diversification in the regional economic structure of certain regions, with particular regard to insular regions, risks creating a negative ‘label’, also among their inhabitants, manifesting dissatisfaction with the quality of life and the facilities and services at their disposal; highlights in this context the brain drain effect, leading to the emigration of highly trained and qualified people from a particular region or country to another; points out, in particular, that the ‘exodus’ of medical staff such as doctors and nurses and teaching staff has led to a deterioration in the quality of medical care and education, making it difficult, especially in rural areas, to access high-quality care and education;
Amendment 109 #
2020/2039(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is of the view that urban areas are also exposed to depopulation, with one in five cities in Europe facing population losses since 1990; notes, however, that urban shrinkage is not always a continuous linear process and can be episodic or temporary, depending on the territorial and economic context;
Amendment 113 #
2020/2039(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines a pattern of ‘inner peripheralisation’, in the sense that eastern and southern European regions report a substantially negative net population migration rate, while northern and western European regions report a substantially positive rate, receiving constantly large numbers of international economic migrants in addition to influxes of Europeans;
Amendment 165 #
2020/2039(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the COVID-19 health crisis has affected all Member States and regions to different extents, and is likely to lead to new trends as regards demographic flows; recalls in this context that the additional resources provided through REACT-EU in order to ensure a sound and robust recovery of the EU’s economy from the crisis could significantly help to keep people in employment, including through support for small and medium-size enterprises and for short-time work schemes and the self- employed;
Amendment 170 #
2020/2039(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls that the Recovery and Resilience Facility will provide large-scconditionale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose measures for addressing demographic change; highlights the importance of the instruments for a transition to sustainability such as the Just Transition Fund and its implementation mechanism, which aim to support the communities affected by the energy transition and avoid the risk of depopulationto improve mobility of people and goods in rural, insular and mountainous areas;
Amendment 179 #
2020/2039(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates the need for further simplification of cohesion policy instruments in order to allow for an easier, but at the same time sound management of financial resources and for maximising synergies among the various EU funds; emphasises the need to reduce red tape and ensure coherent legislation throughout the project implementation process and a focused technical assistance at all stages;
Amendment 202 #
2020/2039(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member State to include demographic challenges in their national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues;
Amendment 203 #
2020/2039(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member State to include demographic challenges in their national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues;
Amendment 217 #
2020/2039(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the regions at risk of depopulation to focus investments on universal accessibility to quality services and infrastructure and job creation; insists on investment in education, reskilling of workers, creating entrepreneurial conditions and supporting micro and SMEs;
Amendment 256 #
2020/2039(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Insists that investments should be focused on information and communication technologymobility infrastructures and local health , since this has the potential to reduce the distance between the users and to attract high- skilled workers; stresses the importance of funding the development and uptake of these technologielabour skills among companies and schools in rural, insular, mountainous and isolated regions and regions in industrial transition;
Amendment 262 #
2020/2039(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that municipalities should promote ‘open innovation’ initiativsocial, cultural and business initiatives, besides "open innovation" ones, making use of the knowledge to accelerate the innovation process and to develop a collaborative approach with relevant partners and stakeholders with a view to creating innovationcultural and business friendly ecosystems;
Amendment 280 #
2020/2039(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to ensure that the initiative on the long-term vision for rural, insular and mountainous areas includes practical solution and means of support to address demographic changes; invites the Commission, in agreement with the Member States, to propose a ‘new deal’ on demographics in the EU as a multi-level policy approach;
Amendment 5 #
2020/2038(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that, following the entry into force of the Lisbon Treaty,Notes that the Commission drew up a proposal for a tourism strategy to maintain Europe’s status as the world’s No 1 tourist destination and tourism as the third largest socio-economic activity; also welcomesconsiders that the subsequent agenda for sustainable European tourism, which recalls that, when economically possible, rural areas invest in tourism in order to diversify their economies and increase their added value, could represent an opportunity;
Amendment 14 #
2020/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that, along with other activities, agrotourism makes a significant contribution to the rural economy, represents an important additional source of income for many farms and can offer a wide range ofreal opportunities to maintain the attractiveness of rural areas and create jobs;
Amendment 30 #
2020/2038(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the production processes and the wide range of services of general interest provided by agriculture, as well as the diversity of certain activities and facilities, make farms places of discovery and experiences, where people of all ages can discover and experience farming first hand and gain a better understanding of the responsibilities inherent in dealing with animals and natural resourceand obligations incumbent upon farmers every day; deplores the large number of rules imposed by the European Union which increase costs and sometimes radically change typical local products;
Amendment 45 #
2020/2038(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the integration and interlinking of local production, processing and marketing with tourist accommodation and the gastronomy sector promotes Europeanthe cultural heritage and customsof that place, as well as localcustoms, traditions and local food culture as a unique experience;
Amendment 52 #
2020/2038(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that accessibility and other requirements to increase competitiveness can be supported by EAFRD funds and LEADER measures to promote targeted local development strategies and boost innovativenew approaches which because of their very nature are linked to rural communities and contribute to more sustainable tourism.
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 2 #
2020/2023(INI)
Draft opinion
Recital A
Recital A
Amendment 14 #
2020/2023(INI)
Draft opinion
Recital E
Recital E
E. whereas the withdrawal of the UK without a subsequent agreement on its future relationship with the EU would have disruptive effects, creating a significant burden for public finances in the EU; whereas such a failure to reach an agreement on future EU-UK relations would justify activating the solidarity principle; whereas Parliament has already approved activating the solidarity principle in such a scenario;
Amendment 15 #
2020/2023(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 36 #
2020/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 10 #
2020/1998(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the need for the EU budget to continue to support recovery, convergence, fair and inclusive sustainable growth and competitiveness of the European economy and other EU priorities such as social, economic and territorial cohesion and regional development, climate action, digitalisation and innovation, security and the management of migration, while acknowledging that the COVID-19 pandemic has provided a new and unexpected challenge that the EU and its Member States need to respond determinedly and provide solutions at the EU level;
Amendment 53 #
2020/1998(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Member States to share clearly and determinedly their post- crisis plans, ambitions and expectations as well as acknowledge their shared role in preparation for a coordinated EU approach.
Amendment 149 #
2020/0380(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Member States should raise awareness on the Union contribution fromuse of the Reserve and inform the public accordingly as transparency, communication and visibility activities are essential in making Union action visible on the grounkeeping European citizens properly informed. Those activities should be based on accurate and updated information.
Amendment 327 #
2020/0380(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall be responsible for informing and publicising to Union citizens the role, the results and impact of the Union contribution fromuse of the Reserve through information and communication actions.
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 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 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 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 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 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 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 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 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
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 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 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 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 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 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
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 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 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 631 #
2020/0361(COD)
Proposal for a regulation
Article 61 – paragraph 3 – point b
Article 61 – paragraph 3 – point b
Amendment 51 #
2020/0360(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has set out, in its Communication of 11 December 2019 entitled ‘The European Green Deal’21, a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. The Commission’s communication on the Climate Target Plan22 proposing to increase the greenhouse gas emissions’ reduction level to at least 55% by 2030 - an ambition that was endorsed by the European Council on 11 December 2020 - and its underlying impact assessment confirms that the energy mix of the future will be very different from the one of today and underpins the necessity to review and if necessary to revise the energy legislation. The current energy infrastructure investments are clearly insufficient to transform and build the energy infrastructure of the future. That also means infrastructure needs to be in place to support the European energy transition, including rapid electrification, scaling up of renewable electricity generation, the increased use of renewable and low-carbon gases, energy system integration and a higher uptake of innovative solutions. _________________ 21 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019. 22Commission Communication - Stepping up Europe’s 2030 climate ambition, Investing in a climate-neutral future for the benefit of our people, COM(2020) 562 final of 17 September 2020
Amendment 54 #
2020/0360(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’) sets out a long-term goal to keep the global temperature increase to well below 2 °C above pre-industrial levels and to pursue efforts to keep it to 1.5 °C above pre-industrial levels, and stresses the importance of adapting to the adverse impacts of climate change and making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral European Union by 2050, in line with the objectives of the Paris Agreement.
Amendment 55 #
2020/0360(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Regulation (EU) No 347/2013 of the European Parliament and of the Council23, the current TEN-E Regulation, lays down rules for the timely development and interoperability of trans-European energy networks in order to achieve the energy policy objectives of the Treaty on the Functioning of the European Union to ensure the functioning of the internal energy market, security of supply and competitive energy markets in the Union, to promote energy efficiency and energy saving and the development of new and renewable forms of energy, and to promote the interconnection of energy networks. Regulation (EU) No 347/2013 puts in place a framework for Member States and relevant stakeholders to work together in a regional setting to develop better- connected energy networks with the aim to connect regions currently isolated from European energy markets, strengthen existing cross-border interconnections, promote new ones and help integrate renewable energy. By pursuing those objectives, Regulation (EU) No 347/2013 contributes to smart, sustainable and inclusive growth and brings benefits to the entire Union in terms of competitiveness and economic, social and territorial cohesion. _________________ 23Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, OJ L 115, 25.4.2013, p. 39–75.
Amendment 57 #
2020/0360(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The evaluation of Regulation (EU) No 347/2013 has clearly shown that the framework has effectively improved the integration of Member States’ networks, stimulated energy trade and hence contributed to the competitiveness of the Union. Projects of common interest in electricity and gas have strongly contributed to security of supply. For gas, the infrastructure is now well connected and supply resilience has improved substantially since 2013, but both require ongoing support if their full potential is to be exploited and they can contribute to the transition towards the climate targets. Regional cooperation in Regional Groups and through cross-border cost allocation is an important enabler for project implementation. However, in many cases the cross-border cost allocation did not result in reducing the financing gap of the project, as intended. While the majority of permitting procedures have been shortened, in some cases the process is still long. The financial assistance from the Connecting Europe Facility (CEF) has been an important factor as grants for studies have helped projects to reduce risks in the early stages of development, while grants for works have supported projects addressing key bottlenecks that market finance could not sufficiently address.
Amendment 62 #
2020/0360(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the gradual decarbonisation of the gas sector, which in some regions will constitute an essential energy source during the transition phase. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle.
Amendment 64 #
2020/0360(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The TEN-E policy is a central instrument in the development of an internal energy market and necessary to achieve the European Green Deal objectives. To achieve climate neutrality by 2050 and higher levels of greenhouse gas emission reductions by 2030, Europe will need a more integrated energy system, relying on higher levels of electrification based on renewable sources and the decarbonisation of the gas sector. The TEN-E policy can ensure that the Union energy infrastructure development supports the required energy transition to climate neutrality in line with the energy efficiency first principle.
Amendment 66 #
2020/0360(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Security of supply, as one main driver behind Regulation (EU) No 347/2013, has been significantly improved through projects of common interest. Moreover, the Commission’s climate target impact assessment27 expects the consumption of natural gas to be reduced significantly because its non-abated use is not compatible with carbon-neutrality. On the other hand, the consumption of biogas, renewable and low-carbon hydrogen and synthetic gaseous fuels will increase significantly towards 2050. Therefore, the natural gas infrastructure no longer needs support through the TEN-E policy. The planning of energy infrastructure should reflect this changing gas landscape. In some Member States, however, gas infrastructure projects, such as the transition from oil/coal/lignite to gas, including biomethane, offer significant potential for reducing CO2 emissions, and these projects are still deemed eligible for support under the TEN-E policy. In addition, in certain regions gas projects may be essential to guaranteeing security of supply and competitiveness on the market, so that TEN-E eligibility should be maintained. _________________ 27 SWD(2020) 176 final
Amendment 78 #
2020/0360(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The Union should encourage the development of hydrogen production and storage sites located in mountain, island and rural areas, areas undergoing depopulation and bordering on third countries and areas with significant brownfield sites and offer incentives to establish new storage and transport infrastructure in the areas concerned.
Amendment 85 #
2020/0360(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should facilitate infrastructure projects linking the Union’s energy networks with third-country networks that are mutually beneficial and necessary for the energy transition and the achievement of the climate targets, and which also meet the specific criteria of the relevant infrastructure categories pursuant to this Regulation, in particular with neighbouring countries and with countries with which the Union has established specific energy cooperation. Therefore, this Regulation should include in its scope projects of mutual interest where they are sustainable and able to demonstrate significant net socio-economic benefits for at least twoone or more Member States and at least one third country. Such projects would be eligible for inclusion in the Union list provided they are consistent with overall policy approaches and upon conditions of regulatory approximation with the Union and upon demonstrating a contribution to the Union’s overall energy and climate objectives in terms of security of supply and decarbonisation. Such regulatory alignment or convergence should be presumed for the European Economic Area or Energy Community Contracting Parties. In addition, the third country with which the Union cooperates in the development of projects of mutual interest should facilitate a similar timeline for accelerated implementation and other policy support measures, as stipulated in this Regulation. Therefore, in this Regulation, projects of mutual interest should be considered in the same manner as projects of common interest with all provisions relative to projects of common interest applying also to projects of mutual interest, unless otherwise specified.
Amendment 87 #
2020/0360(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) With a view to combating the weakening and erosion of the economic and social fabric in mountain, island and rural areas, areas undergoing depopulation and areas with significant brownfield sites and fostering their sustainable technological development, the Union should offer incentives for the development and establishment in these areas of production, storage and transport infrastructure.
Amendment 96 #
2020/0360(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Commission's geographical priorities should include mountain areas, islands and areas with brownfield sites which can make a vital contribution to achieving the 2050 climate targets, given that for some time mountain communities, islands and areas with significant brownfield sites have been focusing on local energy production from renewable sources with the aim of becoming self-sufficient. Mountain areas, islands and areas with significant brownfield sites should be key interlocutors in the decision-making process on Union energy policies.
Amendment 114 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) addresses the identification of projects of common interest necessary to implement priority corridors and to develop interregional projects and areas falling under the energy infrastructure categories in electricity, smart gas grids, hydrogen, electrolysers, and carbon dioxide set out in Annex II (‘energy infrastructure categories’);
Amendment 117 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) facilitates the timely implementation of projects of common interest by streamlining, coordinating more closely, fostering cooperation between regions and accelerating permit granting processes and by enhancing public participation;
Amendment 118 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) provides rules and guidance for the cross-border allocation of contributions and costs and risk- related incentives for projects of common interest;
Amendment 119 #
2020/0360(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) addresses the identification of projects of mutual interest or projects promoted by several regions in consultation with the EU.
Amendment 124 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘project of mutual interest’ means a project promoted by the Union in cooperation with third countriesat least one Member State in cooperation with third countries on the basis of an intergovernmental agreement or other agreements and falling within the categories of energy infrastructure referred to in Annex II which contributes to the achievement of the Union's overall energy and climate objectives, as referred to in Article 1(1), and are included on the list of Union projects, as referred to in Article 3;
Amendment 128 #
2020/0360(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘smart gas grid’ means a gas network that makes use of innovative digital solutions, technological, mechanical or engineering solutions, also with the support of digital instruments, with a view to integrateing in a cost -efficient manner a plurality of low-carbon and renewable gas sources in accordance with consumers’ needs and gas quality requirements in orderand system safety requirements which make it possible to reduce the carbon footprint of the related gas consumption, enable an increased the share of renewable and low-carbon gases, and create links with other energy carriers and sectors;
Amendment 158 #
2020/0360(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Projects of common interest included on the Union list pursuant to paragraph 4 of this Article under the energy infrastructure categories set out in points (1)(a), (b), (c) and (e) of Annex II, shall become an integral part of the relevant regional investment plans under Article 34 of Regulation (EU) 2019/943 and Article 12 of Regulation (EC) No 715/2009 and of the relevant national 10- year network development plans under Article 51 of Directive (EU) 2019/944 and Article 22 of Directive 2009/73/EC and other national infrastructure plans concerned, as appropriate. Those projects shall be conferred the highest possible priority within each of those plans. This paragraph shall not apply to projects of mutual interest.
Amendment 159 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the project is necessary for at least one of the energy infrastructure priority corridors andor areas;
Amendment 168 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and, storage sites, and; production.
Amendment 169 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the project contributes significantly to the decarbonisation objectives of the Union and those of the third country and to sustainability, including through the integration of renewable energy into the grid and the transmission of renewable generation to major consumption centres and storage sites, and;
Amendment 171 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) the project fosters the sustainable and economic development of the area, also with a view to combating the weakening and erosion of the economic and social fabric in mountain and island areas, areas with significant brownfield sites and areas disadvantaged by their geography;
Amendment 174 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
Article 4 – paragraph 2 – point e – introductory part
(e) the third country or countries involved have a high level of regulatory alignment or convergence to support the overall policy objectives of the Union, in particular to ensure:broadening the scope of priority infrastructure to include third countries will bring significant benefits for the EU and neighbouring territories, as regards both energy cooperation and other forms of socioeconomic impact. However, the requirement of a high level of regulatory alignment with EU energy legislation and criteria should be reviewed, given that it could hamper the development of projects in key territories.
Amendment 175 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – introductory part
Article 4 – paragraph 2 – point e – introductory part
(e) the third country or countries involved have similar overall political objectives and / or a high level of regulatory alignment or convergence to support the overall policy objectives of the Union, in particular to ensure:
Amendment 176 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point i
Article 4 – paragraph 2 – point e – point i
Amendment 177 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point ii
Article 4 – paragraph 2 – point e – point ii
Amendment 180 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point iii
Article 4 – paragraph 2 – point e – point iii
Amendment 194 #
2020/0360(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point d – point i
Article 4 – paragraph 3 – point d – point i
(i) market integration, including by connecting existing or emerging hydrogen networks of Member States, or otherwise contributing to the emergence of an Union- wide network for the transport and storage of hydrogentransport network and encouraging the development and establishment of new areas for the production and storage of hydrogen, including in mountain, island and rural areas, areas undergoing depopulation and bordering third countries and areas with significant brownfield sites, and ensuring interoperability of connected systems;
Amendment 297 #
2020/0360(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In their decision granting the incentives referred to in paragraph 1, national regulatory authorities shall consider the location of the projects, the results of the cost-benefit analysis on the basis of the methodology drawn up pursuant to Article 11 and in particular the regional or Union-wide positive externalities generated by the project. The national regulatory authorities shall further analyse the specific risks incurred by the project promoters, the risk mitigation measures taken and the justification of the risk profile in view of the net positive impact provided by the project, when compared to a lower-risk alternative. Eligible risks shall in particular include risks related to new transmission technologies, both onshore and offshore, risks related to under-recovery of costs and development risks.
Amendment 330 #
2020/0360(COD)
Proposal for a regulation
Annex I – Part 4 – point 13 – introductory part
Annex I – Part 4 – point 13 – introductory part
(13) Smart gas grids: Adoption of smart gas grid technologies across the Union to efficiently integrate a plurality of renewable and low-carbon gas sources into the gas network, support the uptake of innovative solutionsalso through blending with methane, support the uptake of innovative technological, mechanical or engineering solutions, also supported by digital instruments, for network management and facilitating smart energy sector integration and demand response.
Amendment 340 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2 – point a
Annex II – paragraph 1 – point 2 – point a
(a) any of the following equipment or installation aiming atintended to enablinge and facilitatinge the integration of renewable and low-carbon gases (including biomethane or hydrogen), synthetic methane or hydrogen) by blending it into the network. This includes: digital control systems and components integrating ICT, control systems and sensor technologies to enable the interactive and intelligent integration, monitoring, metering, quality control and management of gas production, transmission, distribution, storage and consumption within a gas network. Furthermore, such projects may also include equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network. ; the infrastructure adjustments needed to support the establishment of smart gas grids, to connect production plants to the network and to enable higher concentrations of hydrogen to be absorbed within a gas network. Furthermore, such projects may also include connections to plants producing renewable, low-carbon gas and to the transmission network; equipment to enable reverse flows from the distribution to the transmission level and related necessary upgrades to the existing network, such as the updating of parts of the gas infrastructure in order to make grid assets compatible with the transport of renewable, low-carbon gases blended with methane and hydrogen.
Amendment 361 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 4 – point b
Annex II – paragraph 1 – point 4 – point b
(b) related equipment, including connections to the gas grid.
Amendment 363 #
2020/0360(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 5 – introductory part
Annex II – paragraph 1 – point 5 – introductory part
(5) concerning carbon dioxide capture, transport, utilisation or storage:
Amendment 376 #
2020/0360(COD)
Proposal for a regulation
Annex III – Part 2 – point 6
Annex III – Part 2 – point 6
(6) pProposed carbon dioxide transport and storage projects falling under the category set out in point (5) of Annex II shall be presented as part of a plan, developed by at least two Member States, for the development of cross-border carbon dioxide transport and storage infrastructure, to be presented by the Member States concerned or entities designated by those Member States to the Commission.
Amendment 393 #
2020/0360(COD)
Proposal for a regulation
Annex IV – point 2 – point b
Annex IV – point 2 – point b
(b) for projects of mutual interest in the category set out in point (3) of Annex II, the hydrogen project enables the transmission of hydrogen across at the border of a Member State with one or more third countries and proves bringing significant benefits, under the specific criteria listed in in Article 4(3), to at least twoone or more Member States. The calculation of the benefits for the Member States shall be performed and published by the ENTSO for Gas in the frame of Union- wide ten- year network development plan;
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 179 #
2020/0266(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To enable competent authorities to fulfil their supervisory roles by obtaining a complete overview of the nature, frequency, significance and impact of ICT- related incidents and to enhance the exchange of information between relevant public authorities, including law enforcement authorities and resolution authorities, it is necessary to lay down rules in order to complete the ICT-related incident reporting regime with the requirements that are currently missing in financial subsector legislation and remove any existing overlaps and duplications to alleviate costs. It is therefore essential to harmonisstreamline the ICT-related incident reporting regime by requiring all financial entities to report to their competent authorities only. In addition, the ESAs should be empowered to further specify ICT-related incident reporting elements such as taxonomy, timeframes, data sets, templates and applicable thresholds, after consultation of the national supervisory authorities.
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 199 #
2020/0266(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Further reflection on the possible centralisation of ICT-related incident reports should be envisaged, by means of a single central EU Hub either directly receiving the relevant reports and automatically notifying national competent authorities, or merely centralising reports forwarded by the national competent authorities and fulfilling a coordination role. The ESAs should be required to prepare, in consultation with ECB and, ENISA and national supervisory authorities, by a certain date a joint report exploring the feasibility of setting up such a central EU Hub.
Amendment 207 #
2020/0266(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) To address the systemic impact of ICT third-party concentration risk, a balanced solution through a flexible and gradual approach should be promoted since rigid caps or strict limitations may hinder business conduct and contractual freedom. Financial entities should thoroughly assess contractual arrangements to identify the likelihood for such risk to emerge, including by means of in-depth analyses of sub-outsourcing arrangements, notably when concluded with ICT third-party service providers established in a third country. This Regulation should forbid outsourcing arrangements with third country ICT third-party service providers if those third parties have, or are suspected of having, ties to foreign governments or to foreign militaries. At this stage, and with a view to strike a fair balance between the imperative of preserving contractual freedom and that of guaranteeing financial stability, it is not considered appropriate to provide for strict caps and limits to ICT third-party exposures. The ESA designated to conduct the oversight for each critical ICT third- party provider (“the Lead Overseer”) should in the exercise of oversight tasks pay particular attention to fully grasp the magnitude of interdependences and discover specific instances where a high degree of concentration of critical ICT third-party service providers in the Union is likely to put a strain on the Union financial system’s stability and integrity and should provide instead for a dialogue with critical ICT third-party service providers where that risk is identified.38 _________________ 38In addition, should the risk of abuse by an ICT third-party service provider considered dominant arise, financial entities should also have the possibility to bring either a formal or an informal complaint with the European Commission or with the national competition law authorities.
Amendment 232 #
2020/0266(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Competent authorities should possess all necessary supervisory, investigative and sanctioning powers to ensure the application of this Regulation. Administrative penalties should, in principle, be published. Since financial entities and ICT third-party service providers can be established in different Member States and supervised by different sectoral competent authorities, close cooperation between the relevant national competent authorities, includingand the ECB with regard to specific tasks conferred on it by Council Regulation (EU) No 1024/201339 , and consultation with the ESAs should be ensured by the mutual exchange of information and provision of assistance in the context of supervisory activities. _________________ 39 Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
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 2 #
2020/0104(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) At Union level, the European Semester of economic policy coordination (‘European Semester’), including the principles of the European Pillar of Social Rights, is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reforms. Those strategies should be presented alongside theevery 3 yearls, by National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding.
Amendment 6 #
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 Members. 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 and flexible 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 on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. 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 8 #
2020/0104(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The implementation of the investments and reforms contributing to achieve a high degree of resilience of domestic economies, allowing constraints flexibility, strengthening adjustment capacity and unlocking growth potential without involving pro-cyclical effects 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 20 #
2020/0104(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Currently, nNo instrument should foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments ofin 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 21 #
2020/0104(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Against this background, it is necessary to strengthenadapt the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step up the implementation of counter-cyclical reforms and related public investments in the Member States. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes.
Amendment 26 #
2020/0104(COD)
(9) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions andcontribution to deliver results, taking into account, in particular, the costs of controls, and the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1)(a) of the Financial Regulation.
Amendment 32 #
2020/0104(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to implementachieve these overall objectiveresults, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation. They will both play a priority role in relaunching and modernising our economy.
Amendment 37 #
2020/0104(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 47 #
2020/0104(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustmentcompetition capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable and homogeneous growth.
Amendment 48 #
2020/0104(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The specific objective of the Facility should be to provide financial support with a view to achieving the milestones and targets of countercyclical reforms and investments as set out in recovery and resilience plans. That specific objective should be pursued in close cooperation with the Member States concerned.
Amendment 51 #
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 cohesion, of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. 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 Uniongional development and the green and digital transitions.
Amendment 55 #
2020/0104(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 56 #
2020/0104(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) To inform the preparation and the implementation of the recovery and resilience plans by Member States, the Council should be able to discuss, within the European Semester, the state of recovery, resilience, cohesion and adjustment capacity in the Union. To ensure appropriate evidence, this discussion should be based on the Commission’s strategic and analytical information available in the context of the European Semester and, if available, on the basis of the information on the implementation of the plans in the preceding years.
Amendment 58 #
2020/0104(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure a meaningful financial contribution commensurate to the actual needs of Member States to undertake and complete the reforms and investments included in the recovery and resilience plan, it is appropriate to establish a maximum financial contribution available to them under the Facility as far as the financial support (i.e. the non- repayable financial support) is concerned. That maximum contribution should be calculated on the basis of the population, taken into account the depopulation rate, the inverse of the per capita Gross Domestic Product (GDP and the fall of GDP due to the Covid-19 impact) and the relative unemployment rate of each Member State.
Amendment 67 #
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 71 #
2020/0104(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
Amendment 79 #
2020/0104(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) To ensure that the financial support is frontloaded in the initial years after the crisis, and to ensure compatibility with the available funding for this instrument, the allocation of funds to the Member States should be made available until 31 December 2024. To this effect, at least 670 percent of the amount available for non- repayable support should be legally committed by 31 December 2022. The remaining amount should be legally committed by 31 December 2024.
Amendment 81 #
2020/0104(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The request for a loan should be justified by the financial needs linked to additional reforms and investments included in the recovery and resilience plan, notably relevant for the green and digital transitions, and by therefore, by a higher cost of the plan than the maximum financial contribution (to be) allocated via the non-repayable contribution. It should be possible to submit the request for a loan together with the submission of the plan. In case the request for loan is made at a different moment in time, it should be accompanied by a revised plan with additional milestones and targets. To ensure frontloading of resources, Member States should request a loan support at the latest by 31 August 2024. For the purposes of sound financial management, the total amount of all the loans granted under this Regulation should be capped. In addition, the maximum volume of the loan for each Member State should not exceed 4.7% of its Gross National Income. An increase of the capped amount should be possible in exceptional circumstances subject to available resources. For the same reasons of sound financial management,In any case it should be possible to pay the loan in instalments against the fulfilment of results.
Amendment 83 #
2020/0104(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) A Member State should have the possibility to make a reasoned request to amend the recovery and resilience plan within the period of implementation, where objective circumstances justify such a course of action. The Commission should assess the reasoned request and take a new decision within fourthree months.
Amendment 85 #
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, 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 87 #
2020/0104(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) For effective monitoring of implementation, the Member States should report on a quarterly basis within the European Semester procesn annual basis on the progress made in the achievement of the recovery and resilience plan. Such reports prepared by the Member States concerned should be appropriately reflected in the National Reform Programmes, which should be used as a tool for reporting on progress towards completion of recovery and resilience plans.
Amendment 95 #
2020/0104(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council14 , Council Regulation (Euratom, EC) No 2988/9515 ,Council Regulation (Euratom, EC) No 2185/9616 and Council Regulation (EU) 2017/193917 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights to the Commission, OLAF, the EPPO and the European Court of Auditors. _________________ 14Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1) 15 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1) 16 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292,15.11.96, p.2) 17Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1) 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29)
Amendment 97 #
2020/0104(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 109 #
2020/0104(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve that general objective, the specific objective of the Recovery and Resilience Facility shall be to provide Member States with financial support with a view to achieving the milestones and targets of countercyclical reforms and investments as set out in their recovery and resilience plans. That specific objective shall be pursued in close cooperation with the Member States concerned.
Amendment 113 #
2020/0104(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The amounts referred to in paragraph 1(a) may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, which are required for the management of each instrument and the achievement of its objectives, in particular studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the Union, in so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of each instrument. EThe same amounts of expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of countercyclical reforms and investments.
Amendment 114 #
2020/0104(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 124 #
2020/0104(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 130 #
2020/0104(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
A maximum financial contribution shall be calculated for each Member State for the allocation of the amount referred to in Article 5(1)(a), using the methodology set out in Annex I, based on the population taking into account the depopulation rate, the inverse of the per capita Gross Domestic Product (GDP and the fall of GDP due to the Covid-19 impact) and the relative unemployment rate of each Member State.
Amendment 135 #
2020/0104(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. For a period starting after 31 December 2022 until 31 December 2024, where financial resources are available, the Commission may organise calls in line with the calendar of the European Semester. To that effect, it shall publish an indicative calendar of the calls to be organised in that period, and shall indicate, at each call, the amount available for allocation. Each Member State may propose to receive up to a maximum amount corresponding to its allocation share of the available amount for allocation, as referred to in Annex I, to implement the recovery and resilience plan.
Amendment 138 #
2020/0104(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
(a) the reasons for the loan support, justified by the higher financial needs linked to additional countercyclical reforms and investments;
Amendment 139 #
2020/0104(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the additional countercyclical reforms and investments in line with Article 15;
Amendment 140 #
2020/0104(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the additional countercyclical reforms and investments comply with the criteria set out in Article 16(3.
Amendment 141 #
2020/0104(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
(e) the other elements needed for the implementation of the loan support in relation to the countercyclical reforms and the investment projects concerned in line with the decision referred to in Article 17(2).
Amendment 146 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
Amendment 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 149 #
2020/0104(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 153 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The recovery and resilience plan presented by the Member State concerned shall constitute an annex to its National Reform Programme and shall be officially submitted on a triannual basis at the latest by 30 April. A draft plan may be submitted by Member State starting from 15 October of the preceding year, together with the draft budget of the subsequent year.
Amendment 155 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
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 170 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point d
Article 15 – paragraph 3 – point d
Amendment 173 #
2020/0104(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point f
Article 15 – paragraph 3 – point f
(f) the estimated total cost of the countercyclical reforms and investments covered by the recovery and resilience plan submitted (also referred as ‘estimated total cost of the recovery and resilience plan’) backed up by appropriate justification and how it is commensurate to the expected impact on the economy and employment;
Amendment 182 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 185 #
2020/0104(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
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 200 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four 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 countercyclical 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 202 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. In case the Member State concerned requests a loan support, the decision shall also set out the amount of the loan support as referred to in Article 12(4) and (5) and the additional countercyclical reforms and investment projects to be implemented by the Member State covered by that loan support, including the additional milestones and targets.
Amendment 203 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point b
Article 17 – paragraph 4 – point b
(b) the description of the countercyclical reforms and of the investment projects and the amount of the estimated total cost of the recovery and resilience plan;
Amendment 205 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c – point 2
Article 17 – paragraph 4 – point c – point 2
Amendment 206 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point e
Article 17 – paragraph 4 – point e
Amendment 208 #
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 fourthree months of the submission of the proposal by the Member State.
Amendment 210 #
2020/0104(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The arrangements and timetable for implementation as referred to in point (d), the relevant indicators relating to the fulfilment of the envisaged milestones and targets referred to in point (e), the arrangements for providing access by the Commission to the underlying data referred to in point (f), and, where appropriate, the additional milestones and targets related to the disbursement of the loan support referred to in point (g) of paragraph 4 shall be further illustrated in an operational arrangement to be agreed by the Member State concerned and the Commission after the adoption of the decision referred to in paragraph 1.
Amendment 211 #
2020/0104(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the new plan in accordance with the provisions of Article 16 and shall take a new decision in accordance with Article 17 within fourthree months of the official submission of the request.
Amendment 213 #
2020/0104(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 215 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
Amendment 216 #
2020/0104(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 218 #
2020/0104(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Member State concerned shall report on a quarterly basis within the European Semester procesn annual basis on the progress made in the achievement of the recovery and resilience plans, including the operational arrangement referred to in Article 17(6). To that effect, the quarterly reports of the Member States shall be appropriately reflected in the National Reform Programmes, which shall be used as a tool for reporting on progress towards completion of the recovery and resilience plans.
Amendment 222 #
2020/0104(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The Commission shall transmit the recovery and resilience plans as approved in the implementing act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State.
Amendment 229 #
2020/0104(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 230 #
2020/0104(COD)
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of resources and the European added value. It shall also consider the continued relevance of all objectives and actions.
Amendment 231 #
2020/0104(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The ex-post evaluation report shall consist of a global assessment of the instruments established by this Regulation and shall include information on its impact in the medium or long-term.
Amendment 234 #
2020/0104(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 235 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 1 – point a
Annex II – point 2 – paragraph 1 – point a
Amendment 236 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 1 – point e
Annex II – point 2 – paragraph 1 – point e
(e) whether the justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment;
Amendment 237 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 1 – point f
Annex II – point 2 – paragraph 1 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of countercyclical reforms and public investment projects that represent coherent actions;
Amendment 238 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – introductory part
Annex II – point 2 – paragraph 3 – point 2.1 – introductory part
2.1 The recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressspecific reports prepared toby the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester.
Amendment 239 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 1 – indent 1
— The recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations, including fiscal aspects, or in other relevant documents officially adopted by the Commission in the European Semester addressed to the Member States concernedMember States’ specific reports, including fiscal aspects,
Amendment 241 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 6
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 6
A – The recovery and resilience plan contributes to effectively address challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semester,specific reports proposed by the Member State concerned and the plan represents an adequate response to the economic and social situation of the Member State concerned.
Amendment 242 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 7
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 7
B – The recovery and resilience plan contributes to partially address challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semesterspecific reports proposed by the Member State concerned and the plan represents a partially adequate response to the economic and social situation of the Member State concerned.
Amendment 243 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 8
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 8
C – The recovery and resilience plan does not contribute to address any challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semesterspecific reports proposed by the Member State concerned and the plan does not represent an adequate response to the economic and social situation of the Member State concerned.
Amendment 246 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 1 – indent 1
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 1 – indent 1
Amendment 247 #
2020/0104(COD)
Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 2
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 2
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 63 #
2020/0101(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, for the years 2020, 2021 and 2022 should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic orand preparing a green, digital and resilientthe recovery of the economy, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022 stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021 to distribute the 2022 tranche of the additional resources. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 67 #
2020/0101(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
Amendment 81 #
2020/0101(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5 , Member States should continue to be allowed to use the additional resources primarily for investments in products and services for health services, for providing support in the form of working capital or investment support to SMEs, in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens, including in rural, insular and mountainous areas, or economic support measures for those regions most dependent on sectors most affected by the crisis. Technical assistance starting from the preliminary stages should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”, which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
Amendment 97 #
2020/0101(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support job maintenance, including in rural, insular and mountainous areas, as well as through short-time work schemes and support to self-employed, job creation, in particular for peoplecitizens in vulnerable situations, support to youth employment measures, education and training, skills development and to enhance access to social services of general interest, including for children. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short-time work schemes should be limited in time.
Amendment 123 #
2020/0101(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 140 #
2020/0101(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 163 #
2020/0101(COD)
Each Member State shall allocate the additional resources available for programming under the ERDF and the ESF to operational programmes, involving local and regional authorities, in accordance with the partnership principle. Up to 5% of the additional resources shall be used for cross-border projects.
Amendment 172 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 6
Article 92 b – paragraph 6
6. Up to 4% of the total additional resources under the ERDF and the ESF may be allocated to technical assistance starting from the preliminary stages under any existing operational programme supported from the ERDF or the ESF or the new operational programme referred to in paragraph 11.
Amendment 204 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 4
Article 92 b – paragraph 8 – subparagraph 4
For the ESF, the additional resources shall primarily be used to support job maintenance, including through short-time work schemes and support to self- employed, even when that support is not combined with active labour market measures, unless the latter are imposed by national law. The additional resources shall also support job creation, in particular for peoplecitizens in vulnerable situations, youth employment measures, education and training, skills development, in particular to support the twin green and digital transitions, and to enhance access to social services of general interest, including for children.
Amendment 216 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 9 – subparagraph 5
Article 92 b – paragraph 9 – subparagraph 5
The revised financing plan set out in Article 96(2)(d) shall set out the allocation of the additional resources for the years 2020, 2021 and, where applicable, for 2022 without identifying amounts for the performance reserve and with no breakdown per category of regions.
Amendment 222 #
2020/0101(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 – subparagraph 4 a (new)
Article 92 b – paragraph 10 – subparagraph 4 a (new)
By way of derogation from Article 29(3) and (4) and Article 30(2), the Commission shall approve any new dedicated operational programme or any amendment to an existing programme within 10 working days of its submission by a Member State.
Amendment 252 #
2020/0101(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a The Commission shall provide the European Parliament and the Council with an evaluation report on REACT-EU by 31 December 2023, covering budgetary commitments and payments, where possible, for the years 2020, 2021 and 2022. That report shall include information on the achievement of the objectives of REACT-EU, the efficiency of the use of its resources, the types of actions financed, the beneficiaries and final recipients of the financial allocations as well as its European added value in aiding the economic recovery.
Amendment 255 #
2020/0101(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Regulation (EU) No 1303/2013
Annex VII a – paragraph 3 – point b
Annex VII a – paragraph 3 – point b
(b) For the number of people unemployed and the number of young people unemployed the reference period shall be: the average of June to AugustApril to June 2020.
Amendment 257 #
2020/0101(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Regulation (EU) No 1303/2013
Annex VII a – paragraph 4 – point b
Annex VII a – paragraph 4 – point b
(b) For the number of people unemployed and the number of young people unemployed the reference period shall be: the average of June to AugustApril to June 2021.
Amendment 21 #
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, smart waste and water 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 climate 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.
Amendment 26 #
2020/0100(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
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 39 #
2020/0100(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In accordance with the Financial Regulation and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council Regulations (Euratom, EC) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute offences against the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, and OLAF, the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, and the European Court of Auditors (ECA), and ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
Amendment 41 #
2020/0100(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 44 #
2020/0100(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to set out an appropriate financial framework for the grant component of this Facility until 31 December 2024, implementing powers should be conferred on the Commission to set out the available national allocations expressed as shares of the overall financial envelope of the Facility for each Member State in accordance with the methodology set out in Annex I of Regulation [the JTF Regulation]. The implementing powers should be conferred without comitology procedures given that the shares derive directly from the application of a pre- defined calculation methodology.
Amendment 49 #
2020/0100(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the Union bystarting from 2050.
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 104 #
2020/0100(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 109 #
2020/0100(COD)
Proposal for a regulation
Article 17
Article 17
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 32 #
2020/0036(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 42 #
2020/0036(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A fixed long-term objective is crucialimportant to contribute to economic and societal transformation, jobs, growth, and the achievement of the United Nations Sustainable Development Goals, as well as to move in a fair and cost-effective manner towards the temperature goal of the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’).
Amendment 48 #
2020/0036(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union’s and the Member States’ climate action aims to protect people and the planet, welfare, prosperity, health, food systems, the integrity of eco- systems and biodiversity against the threat of climate change, in the context of the 2030 agenda for sustainable development and in pursuit of the objectives of the Paris Agreement, and; it also seeks to maximize prosperity within the planetary boundaries and to, increase resilience and reduce vulnerability of society to climate change, bearing in mind also the economic fallout of the COVID-19 pandemic and the resulting recession.
Amendment 63 #
2020/0036(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Achieving climate neutrality shouldnecessarily requires a contribution fromn impact assessment of every measure on all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to an environmentally and economically sustainable, affordable and secure energy system relying on a well- functioning internal energy market is essentialneeded. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective.
Amendment 79 #
2020/0036(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) TBefore the COVID-19 pandemic, the European Parliament called for the necessarya transition to a climate- neutral society by 2050 at the latest and for this to be made into a European success story33 and has declared a climate and environment emergency34 . The European Council, in its Conclusions of 12 December 201935 , has agreed on the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement, while also recognising that it is necessary to put in place an enabling framework and that the transition will require significant public and private investment. The European Council also invited the Commission to prepare a proposal for the Union’s long- term strategy as early as possible in 2020 with a view to its adoption by the Council and its submission to the United Nations Framework Convention on Climate Change. _________________ 33European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)). 34European Parliament resolution of 28 November 2019 on the climate and environment emergency (2019/2930(RSP)). 35 Conclusions adopted by the European Council at its meeting on 12 December 2019, EUCO 29/19, CO EUR 31, CONCL 9.
Amendment 87 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union byfrom 2050, in line with the priority objective of economic recovery. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
Amendment 90 #
2020/0036(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union byfrom 2050. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
Amendment 95 #
2020/0036(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in order to protect people and the planet against the threat of dangerous climate change, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC.
Amendment 110 #
2020/0036(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Pursuit of the European and national climate neutrality objective must be aligned with effective post-pandemic economic recovery in all Member States; the fundamental European objectives of territorial cohesion, homogeneous regional development and effective European business competitiveness at global level must always be guaranteed and never compromised by any measures taken under the new Climate Act.
Amendment 115 #
2020/0036(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The transition to climate neutrality requires gradual and progressive changes across the entire policy spectrum and a collective effort of all sectors of the economy and society, as illustrated by the Commission in its Communication ‘The European Green Deal’. The European Council, in its Conclusions of 12 December 2019, stated that all relevant Union legislation and policies need to be consistent with, and contribute to, the fulfilment of the climate- neutrality objective while respecting a level playing field, and invited the Commission to examine whether this requires an adjustment of the existing rules.
Amendment 125 #
2020/0036(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In taking the relevant measures at Union and national level to achieve the climate-neutrality objective, Member States and the European Parliament, the Council and the Commission should take into account the contribution of the transition to climate neutrality to the well- being of citizens, the prosperity of society and the competitiveness of the economy; energy and food security and affordability; fairness and solidarity across and within Member States considering their economic capability, national circumstances and the need for convergence over time; the need to make the transition just and socially fair as well as territorially inclusive and fair among rural, urban, island and mountainous areas and communities; best available scientific evidence, in particular the findings reported by the IPCC; the need to integrate climate change related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving greenhouse gas emissions reductions and removals and increasing resilience; progression over time in environmental integrity and level of ambition.
Amendment 127 #
2020/0036(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objecOVID-19 containment measures will trigger the sharpest economic downturn since the Great Depression. Achieving climate neutrality within the timeframe set by the European Council would have a pro-cyclical effect at a tivme for 2050. In that Communication, the Commission underlined that all Union policies should contribute to thewhen it is of paramount importance to implement robust anti- cyclical policies. For this reason, achievement of climate- neutrality objective and that all sectors should play their partmust take second place to full economic recovery in all Member States. By SeptDecember 20201, the Commission should, based on a comprehensive impact assessment and taking into accountthat takes into account the medium to long-term socio-economic consequences of the pandemic, as well as its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36, review the Union’s 2030 target for climate and explore options for a new 2030 target of 50 to 55 % emission reductions compared with 1990 levelsthat are more in line with the new economic reality of Europe and the world. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve emission reductions of 50 to 55 % compared to 1990. _________________ 36Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 141 #
2020/0036(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As cCitizens and communities have a powerful role to play in drivingare suffering the socio-economic effects of the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate- resilient society, including through launching a European Climate Pact. The Commission should therefore engage with all parts of society by drawing on the multilevel climate and energy dialogues as set up by the Member States in accordance with Article 11 of Regulation (EU) 2018/1999 and for the purposes of this Regulation also.
Amendment 147 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37. In particular, to ensure equal participatto assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, each Member State should, as part of its long- term strategy under Article 15 of Regulation (EU) 2018/1999, set out an indicative trajectory for progressively reducing net greenhouse gas emissions in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 OJ L 123, 12.5.2016, p. 1Union aiming at a zero rate - in line with future macroeconomic scenarios - from 2050.
Amendment 157 #
2020/0036(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As citizens and communities have a powerful role to play in drivingWith it not yet being possible to measure the socio-economic impact on citizens and communities of the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate- resilient society, including through launching a European Climate Pact, taking all the citizens’ needs into account without jeopardising economic development. The Commission should therefore engage with all parts of society, availing itself for the purposes of this Regulation also of the multilevel climate and energy dialogues established by the Member States in accordance with Article 11 of Regulation (EU) 2018/1999.
Amendment 160 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the irreversiblprogressive and gradual reduction of greenhouse gas emissions and enhancement of removals by natural or other sinks in the Union.
Amendment 162 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
This Regulation sets out an bindingcative objective of climate neutrality in the Union by, in line with macroeconomic recovery from 2050, in pursuit of the long- term temperature goal set out in Article 2 of the Paris Agreement, and provides a framework for achieving progress in pursuit of the global adaptation goal established in Article 7 of the Paris Agreement.
Amendment 168 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced at the latest by 2050, thus reducing emissions to net zero by that dates an essential objective, following complete economic recovery from the fallout of the disastrous COVID-19 pandemic, which the EU proposes to achieve from 2050 onwards.
Amendment 172 #
2020/0036(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishesaims to promote climate transition through a framework for the irreversible and gradual reduction of greenhouse gas emissions and enhancement of removals by natural or other sinks in the Uniontional and balanced environment policy that will not be a burden for socio-economic aspects of the Union. To this end, Member States and EU institutions shall review and adjust their policies. In implementing measures in support of the environment, the Member States, the European Parliament, the Council and the Commission shall pay particular attention to the medium to long-term repercussions of the COVID-19 pandemic, the well- being of citizens and economic competitiveness, especially in the hardest hit sectors such as small and medium- sized enterprises and agriculture.
Amendment 175 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting fairness and solidarity among Member States. taking care not to undermine territorial cohesion and homogeneous regional growth in the Member States.
Amendment 186 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By September 2020, the Commission shallmay review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990 and the new EU social and economic reality following the crisis triggered by the COVID-19 pandemic containment measures, and explore options for a new 2030 emissions target more in line with the new economic reality. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate.
Amendment 204 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 andline with emerging EU macroeconomic realities in order to achieve the climate-neutrality- objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties.
Amendment 208 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryEach Member State shall, as part of its long-term strategy under Article 15 of Regulation (EU) 2018/1999, set an indicative trajectory to achieve the objective set out in Article 2(1).
Amendment 214 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 219 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. When setting a trajectory in accordance with paragraph 1, the Commission shall considerMember States shall focus primarily but not exclusively on the following:
Amendment 223 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 225 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) the new economic reality following the COVID-19 pandemic;
Amendment 226 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) competitiveness of the Union’s economywithin the Union and on the international markets, with a focus on micro-enterprises and SMEs;
Amendment 231 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(ba) their own budget situation;
Amendment 232 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b b (new)
Article 3 – paragraph 3 – point b b (new)
(bb) non-repayable European funding specifically earmarked for achievement of climate neutrality objectives;
Amendment 234 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) best available technology and its commercial availability with a view to promoting the marketing thereof;
Amendment 250 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
(f) the need to ensure environmental effectiveness and progress, economic sustainability and progressive emissions reduction over time;
Amendment 254 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
(g) investmentoverall needs and every investment opportunitiesy;
Amendment 260 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point h a (new)
Article 3 – paragraph 3 – point h a (new)
(ha) effective measures to overcome regional imbalances;
Amendment 261 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point i
Article 3 – paragraph 3 – point i
(i) international and global developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change;
Amendment 263 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific evidence, includingand the latest reports of the IPCC, aside from RCP 8.5-based models .
Amendment 264 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific and statistical evidence, including the latest reports of the IPCC.
Amendment 280 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) competiveness of the Union’s economy, focusing on micro-enterprises and SMEs, especially in the farming sector;
Amendment 281 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20231, and every 5 years thereafter, the Commission shall assess, together with the assessment foreseen under Article 29(5) of Regulation (EU) 2018/1999:
Amendment 282 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 287 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The Commission shall submit the conclusions of that assessment, together with the State of the Energy Union Report prepared in the respective calendar year in accordance with Article 35 of Regulation (EU) 2018/1999 and a report on regional development, territorial cohesion and economic recovery, to the European Parliament and to the Council.
Amendment 289 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. By 30 Septem1 October 20231, and every 5 years thereafter, the Commission shall review:
Amendment 290 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) best available technology and its availability with a view to promoting the marketing thereof;
Amendment 291 #
2020/0036(COD)
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 292 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) the economic impact of the aforementioned measures on the economy of the Union, the euro area and the individual Member States, in terms of sustainability and competitiveness, compared to non-EU countries;
Amendment 297 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1), incompatible with the economic sustainability or competitiveness of the Union and its Member States compared with third countries or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
Amendment 300 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal before adoption in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adop, together with the objective of economic recovery in the Union and the Member States, territorial cohesion and regional development, in a bid to achieve a fair and balanced solution,; and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption.
Amendment 303 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20231, and every 5 years, thereafter the Commission shall assess:
Amendment 304 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective, economic recovery, territorial cohesion and regional development, as expressed by the relevant trajectory referred to in Article 3(1);
Amendment 308 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objectiveclimate neutrality objectives in line with economic recovery, territorial cohesion and regional development as expressed by the corresponding trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State or adopt funding initiatives to help it achieve the above objectives. The Commission shall make such recommendations publicly available.
Amendment 317 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
Amendment 320 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point h
Article 3 – paragraph 3 – point h
(h) the need to ensure a just and socially fair transitionand economically fair transition in each Member State, focusing on unemployment rates, economic growth and real pay levels across the board and especially in rural, outlying, island and mountain areas;
Amendment 321 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) European statistics and data, including data on the economic situation and on losses from adverse climate impacts, where available; and
Amendment 324 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) best availablend most recent scientific evidence, including available, and the latest reports of the IPCC; and, except for RCP 8.5-based models;
Amendment 325 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) any supplementary information on environmentally sustainable investment, by the Union and Member States and available European recovery funding, including, when available, investment consistent with Regulation (EU) 2020/… [Taxonomy Regulation].
Amendment 327 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific evidence, includingand the latest reports of the IPCC, aside from RCP 8.5-based models or the worst-case scenario.
Amendment 336 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The relevant Union institutions and the Member States shall ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change in accordance with Article 7 of the Paris Agreement.
Amendment 337 #
2020/0036(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 338 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 4 Regulation (EU) 2018/1999
Article 10 – paragraph 1 – point 4 Regulation (EU) 2018/1999
Amendment 341 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Regulation (EU) 2018/1999
Article 11
Article 11
Each Member State shall establish a multilevel climate and energy dialogue pursuant to national rules, in which local authorities, civil society organisation, business communitysocial partners, investors and other relevant stakeholders and the general public are able actively to engage and discuss the achievement of the Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and the different scenarios envisaged for energy and climate policies, including for the long term, and review progress, unless it already has a structure which serves the same purpose. Integrated national energy and climate plans may be discussed within the framework of such a dialogue.;
Amendment 362 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 377 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
Amendment 389 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 404 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective as expressed by the relevant trajectory referred to in Article 3(1);
Amendment 431 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) best available scientific evidence, including the latest reports of the IPCC, aside from RCP 8.5-based models or the worst-case scenario; and
Amendment 453 #
2020/0036(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 21 #
2020/0006(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
Amendment 26 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term,, in the medium term it will provide not only many uncertainties in terms of employment, but in all fields, especially farming, because not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for thosein particular those countries which have honoured their commitments and met the Kyoto Protocol targets (20% of energy from renewable sources by 2020), having made major investments, and which now have to contribute to the transition of countries and regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions and unfair competition from countries which have not yet tackled decarbonisation, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 40 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by bringing together the Union budget’s spending on climate and social objectives at regional level.
Amendment 47 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this targetThe JTF, together with the resources transferred from the ERDF and ESF+, should make a substantial contribution towards the vital measures to counter the sharp and sudden deflation the European Union will have to face as a result of the COVID-19 pandemic, with a particular focus on the most severely affected economic sectors and regions.
Amendment 59 #
2020/0006(COD)
Proposal for a regulation
–
–
The Committee on Economic and Monetary Affairs calls on the Committee on Regional Development, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 67 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity offact that Member States to finance the necessary investments to cope with the transition towards climate neutralitywhich achieved the Kyoto targets by getting into debt should be rewarded.
Amendment 73 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and, challenges but also damages for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 76 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate- neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 83 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. The Union budget has an important role in that regard, bearing in mind that the Union budget comes from European taxpayers.
Amendment 88 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by bringing together the Union budget’s spending on climate and social objectives at regional level. The Green Deal shall not result in disproportionate additional financial burden on European industry and SMEs.
Amendment 91 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impactnvolved byin the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number oft least 499 jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate- neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 94 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Inclusive policies and strategies are necessary to avoid exacerbating inequalities in a just transition process. The promotion of social cohesion should be a guiding principle for support under the JTF, by promoting gender equality, ensuring vibrant rural areas and improved conditions for young and older workers, as well as for low-skilled workers.
Amendment 97 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment due to the Green Deal. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 104 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a climate-neutral economy. In that regard, Member States should prepare, in cooperation with the relevant stakeholders and supported by the Commission, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors.
Amendment 106 #
2020/0006(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities. Those territories should be precisely defined and correspond to NUTS level 32 regions or should be parts thereof. The plans should detail the challenges and needs of those territories and identify the type of operations needed in a manner that ensures the coherent development of climate-resilient economic activities that are also consistent with the transition to climate-neutrality and the objectives of the Green Deal. Only investments in accordance with the territorial transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
Amendment 115 #
2020/0006(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Special attention and support should be given to rural, insular and remote areas. Those areas already face even greater social and economic challenges, including ageing, out- migration of young people and overall depopulation, lower level skills and less digital infrastructure and connectivity, further reducing their ability to respond to the challenges of the transition process. Those areas could also have an important role in providing capacity for the installation of renewable energy investment, while safeguarding agricultural land. The territorial plans should also therefore contemplate the possibility of including adjacent rural areas to the identified territories as eligible for the deployment of renewable energy technology and infrastructures.
Amendment 118 #
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 transition to a climate-neutral economy, cannot be 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. Since those objectives can better be 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 those objectives,
Amendment 122 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic challenges deriving from the transition processmoving towards a climate- neutral economy of the Union by 2050.
Amendment 130 #
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. The funding of the JTF shall not adversely affect the allocation of other funds provided for by the Multiannual Financial Framework (MFF), including those for the CAP and Horizon Europe.
Amendment 133 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be an additional amount of EUR 7.5 billion in 2018 prices, which may be increased, as the case may be, by additional. The funding of the JTF shall not be to the detriment of resources allocated into the Union budget, and by other resources in accordance with the applicable basic actother Multiannual Financial Framework (MFF) funds.
Amendment 139 #
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 any other fund allocation programmes provided for by the European Union.
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 158 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructuresroad and railway infrastructures, where lacking, water infrastructure, if it is antiquated, inefficient or insufficient to ensure that water is not wasted, for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and renewable energy, including in adjacent areas to the identified territories, when duly justified;
Amendment 171 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, in particular for the roll-out of broadband in rural, insular and remote areas;
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 195 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
(ha) investments in projects for fighting energy poverty and producing energy from waste;
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 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
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 231 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels, with the exception of natural gas companies;
Amendment 240 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affectinvolved byin the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned.
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 244 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 32 of the common classification of territorial units for statistics (‘NUTS level 32 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (ECU) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 256 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) a justification for identifying the territories as the most negatively affectinvolved byin the transition process referred to in point (a) and to be supported by the JTF, in accordance with paragraph 1;
Amendment 261 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affectinvolved territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected jobs and job losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
Amendment 269 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a highlights the failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, itthe full target established, the Commission may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements. The target established for one or more output or result indicators for the JTF resources may not be less than an average of 80%.
Amendment 272 #
2020/0006(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The mid-term review exercise as referred to in Article 7(4) shall assess the progress made towards the zero-emissions target for 2050 and the milestone for 2030. Should it be ascertained that progress in reducing greenhouse gas emissions has been insufficient, JTF support shall be withdrawn.
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 5 #
2019/2211(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that Europe’s economy is showing signs of less dynamic growth; highlights that more must be done to support Member States which are experiencing slower growth and high unemployment, particularly where young people are concerned; underlines that a rating agency recently downgraded from “stable” to “negative” the annual outlook for sovereign creditworthiness in the Euro area for 2020;
Amendment 34 #
2019/2211(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the European Semester mustshould consistently contribute to the elimination of social, economic and territorial inequalities and disparities between EU regions;
Amendment 49 #
2019/2211(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Remarks that the growth of the EU economy can’t be secured without a new approach to spending policy; therefore every single region in the EU should be provided with all the tools that allow the private sector to invest and exploit the hidden potential of the territory; calls on the Commission to create a pattern fit for business and trade in all lagging areas of the EU to improve local citizens’ lives and employment rates;
Amendment 81 #
2019/2211(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. WBelcomesieves that the inclusion of the Sustainable Development Goals in the European Semester, with should have the aim tof putting people, their health and the planet at the centre of economic policy; notes that, in this respect, special attention must be paid to the labour market, by safeguarding existing jobs and creating new ones;
Amendment 87 #
2019/2211(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes note of the objectives of the Sustainable Europe Investment Plan but expresses concern about the actual results obtainable through the leverage effect and about the innovation and effectiveness of the supported projects;
Amendment 89 #
2019/2211(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reminds that the transition to a “zero emissions” productive model can’t be implemented without adequate graduality and attention to side effects on the economic, social and cultural frameworks in which stakeholders play;
Amendment 110 #
2019/2211(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for a support to all aspects of European Territorial Cooperation (cross- border, transnational and interregional cooperation, both internally and externally),thereby working towards the overall objective of economic, social and territorial cohesion;
Amendment 114 #
2019/2211(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that SMEs are a fundamental engine of development and employment in EU economy, in particular in Mediterranean regions and countries, and that - for structural reasons -they hardly can exploit the full potential of the single market if charged with heavy tax and administrative burdens; asks the Commission therefore to eliminate unnecessary burdens and barriers.
Amendment 31 #
2019/2157(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Treaty on the Functioning of the European Union makes no reference to a common EU forest policy, and responsibility for forests lies with the Member States, but; whereas, the EU has a long history of contributing, through its policies, to sustainable forest management (SFM) and the Member States’ decisions on forestsrefore, the European institutions have no competence to adopt any legally binding rules whatsoever for the forest- based sector;
Amendment 108 #
2019/2157(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 125 #
2019/2157(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the promotion of SFM in the EU, as part of the EU ForestMember Strategy and the rural development measures implemented under the Common Agricultural Policy (CAP),s' SFM has had a positive impact on the biodiversity of forests in the EU and has enhanced the climate benefits offered by the forest-based sector; notes, however, that there is still a need to strengthen SFM in a balanced manner in order to ensure that forests are better able to adapt to changing climate conditions and to reduce the risks and impacts of natural disturbances;
Amendment 161 #
2019/2157(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that forests and other wooded areas cover at least 43 % of the surface of the EU and that the sector employs at least 500 000 people directly3 and 2.6 million indirectly in the EU4; notes the growth in the number of hectares of forests in Europe; _________________ 3 Eurostat database on forestry, available at: https://ec.europa.eu/eurostat/web/forestry/d ata/database 4European Parliament fact sheet of May 2019 on the European Union and forests.
Amendment 174 #
2019/2157(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises that long-term public and private investments in SFM ensure that forests remain not only economically viable, but can also contribute to achieving the manysome of the goals of the EU, including the successful implementation of the European Green Deal and the transition to a circular bioeconomy;
Amendment 200 #
2019/2157(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the facPoints out that although forests in the EU are managed according to the commonly agreed principle of SFM and forest cover in the EU has been increasing over the past decades, a different approach to SFM has been developed in the context of the recently agreed regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment and amending Regulation 2019/2088 on sustainability- related disclosures in the financial services sector;
Amendment 208 #
2019/2157(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the participation of farmers and hunters in the good management of wooded areas, in particular as regards maintaining the balance of animal and plant biodiversity, is critical;
Amendment 217 #
2019/2157(INI)
Amendment 247 #
2019/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the crucial role of forests, the forest-based sector and the bioeconomy in achieving the goals of the European Green Deal; stresses that achieving the EU’s environmental and climate goals will never be possible without national, multifunctional, healthy and sustainably managed forests and viable industries; encourages, in addition, actions to maintain or increase forest cover;
Amendment 271 #
2019/2157(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that an ambitious, independent and self-standing EU Forest Strategy is needed for the post-2020 period which is not subordinate to any other sectoralEU strategy; calls for a new EU Forest Strategy that builds on the holistic approach to SFM, taking into account all of the economic, social and environmental aspects of the forest-based value chain; stresses that a coordinated and coherent approach to forests, the forest-based sector and the multiple services they provide needs to be developed, given the growing number of national and EU policies directly or indirectly affecting forests and their management in the EU;
Amendment 273 #
2019/2157(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Regrets that such a coordinated and consistent approach is not also applied to the EU's trade policy, which permits the mass import of agricultural products that are directly responsible for deforestation in third countries, particularly protein crops and livestock products;
Amendment 284 #
2019/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that the EU Forest Strategy should act as a bridge solely between national forest policies and EU objectives relating to forests, recognising both the need to respect the Member States' national competence and the need to contribute to wider EU objectives;
Amendment 293 #
2019/2157(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of evidence-based decision-making with regard to EU policies relating to forests, the forest-based sector and its value-chain; calls for all forest-related aspects of European Green Deal measures to be consistent with the post-2020 EU Forest Strategy, particularly with a view to ensuring that SFM has a positive impact on society;
Amendment 331 #
2019/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently, causing damage to forests in the EU; emphasises, in this context, the need to better prevent such events by making forests more resilient, for example through research and innovation, the exchange of information, cooperation on means to combat natural disasters and by offering better support mechanisms for affected areas and properties so they can be restored;
Amendment 364 #
2019/2157(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 427 #
2019/2157(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the fact that global deforestation and forest degradation are serious problems; stresses that this deforestation is being promoted by the EU’s own choices and that its trade policy should urgently take this issue into account; points out that policy initiatives should be developed to tackle issues outside the EU, with a focus on the tropics and the drivers of unsustainable practices in forests from outside the sector, notably through the use of geographical labelling, sustainability certification and bans on access to the EU market for products that do not comply with current standards; stresses the need to foster the implementation of the EU Timber Regulation and the FLEGT (Forest Law Enforcement, Governance and Trade) action plan in order to prevent the entry of illegally sourced woodor non-sustainably sourced wood, which constitutes unfair competition for the European forestry sector, into the EU market;
Amendment 452 #
2019/2157(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to develop an EU-widmaintain the Fforest Iinformation Ssystem for Europes placed under the shared responsibility of all of the relevant Commission Directorates-Generalcompetent national administrations; stresses the importance of science-based, balanced information with socio-economic indicators for the development of any forest-related EU policy, calls for such data to be shared with the stakeholders concerned such as hunting federations or chambers of agriculture in order to ensure effective coordination of the actions implemented;
Amendment 4 #
2019/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role played by farmers in food production and how this is dependent on natural resources such as soil, water and forests; r. Recognises the multifunctionality of forests and the need to encourage new practices introduced by European farmers in recent years such as hedge-planting and the use of agroforestry techniques;
Amendment 14 #
2019/2156(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that, in contrast to the generally-accepted view, agriculture in Europe is not expanding to the detriment of forests. Also notes that Europe is the only continent where the surface area of forest is increasing, with some 180 million hectares at the moment;
Amendment 18 #
2019/2156(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Is appalled that, at the same time, forests in Asia and South America are shrinking at an alarming rate. Calls for this situation to be taken into account in our trade relations with countries in these geographical regions, with no agricultural products stemming directly from deforestation in non-EU countries being allowed onto the European market, particularly protein crops and products derived from livestock farming;
Amendment 31 #
2019/2156(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the role of agriculture is expanding as the growing world population requires increased food production; considers, therefore, that all further actions must address issues such as preventing unsustainable land use and management practices, coping with natural disturbances and mitigating climate change, environmental and biological disturbances;
Amendment 42 #
2019/2156(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to promotioritise the consumption of sustainably sourced goods by introducing a geographical-labelling and certification system - or maintaining existing national systems - for deforestation-free products imported into the EU and incorporating the deforestation- free aspect into EU trade deals and other multilateral agreements;
Amendment 59 #
2019/2156(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the ineffectiveness of current programmes to encourage the growth of protein crops in Europe. Underlines the need for further significant progress in developing and implementing an effective EU protein plant strategy and ensuring robust protein plant production within the EUt the same time as guaranteeing secure and economically-viable supplies for European livestock farmers;
Amendment 66 #
2019/2156(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 77 #
2019/2156(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Takes the view that the drivers of deforestation should be addressed in a EU policy frameworkthe context of multilateral cooperation among Member States, thereby ensuring the coherence of forest-related policies, reducing the pressure on forests by developing more innovative and efficient farming within and outside the EU, and reducing food losses throughout the food chain through new technologies; considers that the high demand for food should be addressed through technical assistance, cooperation among agricultural organisations and knowledge transfer;
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 255 #
2019/2131(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on the Commission to include in the State Aid refit work the necessary Guidelines that concern all the sectors which shall be directly impacted by the European Green Deal, such as, for instance, the maritime and river transport one;
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 298 #
2019/2131(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the Commission and other EU Institutions to introduce appropriate mechanisms to improve transparency in banking activity, such as full compulsory disclosure of confidential documents to the ECA and ECJ and complete access for the Members of the European Parliament to all operations and data managed by the ECB, the SRB and the EIB;
Amendment 7 #
2019/2110(INI)
Motion for a resolution
Recital A
Recital A
A. whereas according to the Commission’s forecasts, the GDP growth rate for 2019 stands at 1.2 % of GDP per capita in the euro area and 1.4 % in the EU28, and is expected to rise to 1.4 % and 1.6 % respectively in 202010; ____________________whose year- ahead projections has proved exceedingly inaccurate and unreliable over the last years, notably the forecasts of GDP, investment, inflation and the government budget balance9a, the GDP growth rate for 2019 stands at 1.2 % of GDP per capita in the euro area and 1.4 % in the EU28, and is expected to rise to 1.4 % and 1.6 % respectively in 202010, which is still far below the projected growth for the rest of the world; whereas private consumption has been the main driver of growth over the past years; whereas this casts doubt on the sustainability of recovery as well as future growth potential; ____________________ 9a Marco Fioramanti et al., European Commission’s Forecast Accuracy Revisited: Statistical Properties and Possible Causes of Forecast Errors, DG ECFIN, Discussion Paper 027, March 2016. 10 Commission’s European Economic Forecast – Summer 2019 (Interim) of 10 July 2019
Amendment 10 #
2019/2110(INI)
Motion for a resolution
Recital B
Recital B
B. whereas unemployment rates continue on a steady downward path, with an average rate of 7.5 % in the euro area and 6.3 % in the EU28 in May 2019, the lowest since the start of the EU monthly unemployment series, and a further decrease is expected to 7.3 % and 6.2 % respectively in 2020; whereas unemployment rates have for years been unacceptably high, at levels twice as high as those of the rest of the industrialized world;
Amendment 18 #
2019/2110(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the general government deficit is expected to rise from 0.5 % to 0.9 % in the euro area and from 0.6 % to 1.0 % in the EU28 in 2019, and to remain at that level in 2020; whereas the debt-to- GDP ratio in 2019 stands at 85.8 % in the euro area and 80.2 % in the EU28 and is forecast to decrease to 84.3 % and 78.8 % respectively in 2020;, taking into account the deteriorating projections for budget balances by the Commission in recent years10a; ____________________ 10aMarco Fioramanti et al., European Commission’s Forecast Accuracy Revisited: Statistical Properties and Possible Causes of Forecast Errors, DG ECFIN, Discussion Paper 027, March 2016.
Amendment 24 #
2019/2110(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, in the light of the risks of trade tensions between the US and the China alongside, the persistent uncertainty related to the withdrawal ofconcerning ongoing withdrawal negotiations between the UK fromand the EU, and unsustainable interest rate policies across the developed world, the global outlook risks bending towards the downside;
Amendment 41 #
2019/2110(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Amendment 113 #
2019/2110(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that reforms which increase competition in product markets, promote resource efficiency and improve the business environment, as well as quality of institutions, including an effective justice system, and quality and efficiency of tax collection, are essential for achieving greater economic resilience for the euro area and Member States; emphasises in this context the importareiterates the urgencey of the single market and the need for its further deepeningcarrying on the fight against over indebtedness of banks, states, and private actors that hampers economic growth;
Amendment 147 #
2019/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to support and implement EU actions to combat Aggressive Tax Planningcombat fiscal fraud and tax evasion; recalls that tax competition between countries is the natural consequence of respecting Member States’ sovereignty; consequently rejects harmonisation of direct taxation at the Union level;
Amendment 152 #
2019/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to support and implement EU actions to combat Aggressive Tax Planningcombat fiscal fraud and tax evasion; recalls that tax competition between countries is the natural consequence of respecting Member States’ sovereignty; consequently rejects harmonisation of direct taxation at the Union level;
Amendment 173 #
2019/2110(INI)
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Rejects the Commission’s proposal to transform the European Stability Mechanism into a European Monetary Fund; recalls that there is no suitable legal base to incorporate the ESM into the Union legal framework; recalls that the ESM is based on the unanimity principle, which guarantees a veto right for every member of the ESM; calls, instead, for the ESM to be phased out as soon as possible;
Amendment 175 #
2019/2110(INI)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11i. Reminds the Member States currently engaged in the Exchange Rate Mechanism (ERM II) that their economic and monetary well-being is dependent on the fate of the euro area; considers that various imbalances in these Member States, e.g. housing bubbles, have their root causes in the fixed exchange rate against the euro;
Amendment 229 #
2019/2110(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NotWelcomes that more than two thirds of the CSRs issued until 2018 have been implemented with at least some progress; regrets, however, that there is evidence of backtracking on elements of major reforms adopted in the past, and is concerned about Member States’ commitment to the CSRs, given that progress on the current recommendations is worse than in previous yearsthe Commission cannot force Member States to comply with its CSR;
Amendment 253 #
2019/2110(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 4 #
2019/2055(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. NoteRegrets that, as indicated in the Annual Report of the Court of Auditors for the financial year 2018, the estimated level of error in spending on ‘Economic, social and territorial cohesion’ increased from 3 % in 2017 to 5 % in 2018; regrets that, even if it should be stressed that errors in the implementation of the budget do not automatically imply a fraud, the positive trend of the last years has been reversed with a huge damage for European citizens;
Amendment 17 #
2019/2055(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the fact that high-risk expenditures are often subject to complex rules and eligibility conditions which lead to errors and that a number of these errors are compounded by a supplemental layer added by national and Union authorities; recalls that simpler national eligibility rules might help reduce this source of error and result in a smaller administrative burden for beneficiaries; invite the Commission to take note of the problem and find better solutions in order to avoid the administrative burdens and to foster simplified procedures;
Amendment 23 #
2019/2055(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the absorption of European Structural and Investment Funds (‘ESI Funds’) has continued to be slower than planned - by the end of 2018, only 27,3% - notes that this value is even lower than the absorption rate of 2011, the corresponding year of the previous Multiannual Financial Framework; In order to better use ESI Funds, suggests to have a SWOT analysis on the functioning of such Funds and their absorption rate for the implementation period;
Amendment 34 #
2019/2055(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the reasons behind this low absorption rate not only lie in the decommitment methodology (the so-called “n+3 rule”), but alsolie in the late adoption of the legislative framework enabling the implementation of the cohesion policy; therefore calls on the Commission and the Council to ensure proper measures in the next programming period 2021-2027 to avoid the repetition of delayed implementation of ESI Funds and its domino effect.;
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 9 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that cohesion policy is based on a policy of solidarity, pursuing its Treaty-posed objective of promoting and supporting the overall harmonious development of Member States and regions, and aims to reduce economic, social and territorial disparities between and within EU regions and to insure that no region is left behind; considers that it creates growth and jobs across the Union as well as delivering key Union objectives and priorities, including its climate and energy targets, smart,such as the circular economy and a sustainable and inclusive economic growth;
Amendment 11 #
2019/2028(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls in particular the role of cohesion policy with regard to energy, climate change and the mitigation of its effects; stresses its importance for the infrastructure development which is necessary to reduce the existing territorial, social and economic gap among regions;
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 17 #
2019/0254(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission proposed to link the CAP to the delivery of performance (‘delivery model’). Under the new legal framework, the Union is to set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States are to bear greater responsibility as to how they meet the objectives and achieve targets. Accordingly, Member States are to draw up, and then implement, CAP Strategic Plans, which are toshould first be approved by the Commission and implemented by Member States. The Strategic Plans should be drawn up while taking into consideration, where appropriate, the role that national constitutions assign to the regions, in the form of delegations of responsibility for agriculture.
Amendment 41 #
2019/0254(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure continuity in the transitional period, the reserve for crises in the agricultural sector should be maintained for 2021 and the relevant amount of the reserve for 2021 should be included. After the end of the transitional period, the crisis reserve fund should be removed from the financial discipline mechanism and be funded as an independent expenditure item within the EU budget.
Amendment 75 #
2019/0254(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 3
Article 1 – paragraph 1 – subparagraph 3
Amendment 99 #
2019/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Payment entitlements allocated to farmers before 1 January 2020 shall be considered legal and regular as from 1 January 2021. The value and the amount of those entitlements to be considered legal and regular shall be the valueequal to the value and amount for calendar year 2020 valid on 31 December 2020. This is without prejudice to the relevant articles of Union law concerning the value of payment entitlements for calendar years 2021 onwards, in particular Article 22(5) and 25(12) of Regulation (EU) No 1307/2013.
Amendment 125 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 1
Article 8 – paragraph 1 – point 1
Regulation (EU) No 1305/2013
Article 28 – paragraph 5 – subparagraph 1 a
Article 28 – paragraph 5 – subparagraph 1 a
For new commitments to be undertaken as from 2021 Member States shall determine a shorter period of one to threeseven years in their rural development programmes. If Member States provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments directly following a commitment performed in the initial period, Member States shall determine a period of one year in their rural development programmes.;
Amendment 128 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 2
Article 8 – paragraph 1 – point 2
Regulation (EU) No 1305/2013
Article 29 – paragraph 3 – subparagraph 1 a
Article 29 – paragraph 3 – subparagraph 1 a
For new commitments to be undertaken as from 2021 Member States shall determine a shorter period of one to threeseven years in their rural development programmes. If Member States provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments concerning maintenance that directly follow the commitment performed in the initial period, Member States shall determine a period of one year in their rural development programmes.
Amendment 132 #
2019/0254(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point 3
Article 8 – paragraph 1 – point 3
Regulation (EU) No 1305/2013
Article 33 – paragraph 2 – subparagraph 2 a
Article 33 – paragraph 2 – subparagraph 2 a
For new commitments to be undertaken as from 2021 Member States shall determine a shortera period of one to threeseven years in their rural development programmes. If Member States provide for an annual renewal of commitments after the termination of the initial period in accordance with the first subparagraph, as from 2021 the renewal shall not go beyond one year.
Amendment 2 #
2019/0183(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 2012/2002 and Regulation (EU) No 1309/2013 in order to provide financial assistance to Member States to cover serious financial burden inflicted on them following a withdrawal of the United Kingdom from the Union without an agreement
Amendment 4 #
2019/0183(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union Solidarity Fund (‘the Fund’) was established by Council Regulation (EC) No 2012/20028 . The Fund was created to provide financial assistance to Member States following emergency situations as a concrete sign of European solidarity in situations of distress, to respond to major natural disasters, and to express European solidarity with disaster-stricken regions within Europe. _________________ 8Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).
Amendment 5 #
2019/0183(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The European Globalisation Adjustment Fund (EGF) was established1a to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation and global financial and economic crises, and can also support beneficiaries in small labour markets or in exceptional circumstances, in particular with regard to collective applications involving small and medium- sized enterprises (SMEs), even if the number of redundancies is below the normal threshold for mobilisation of the EGF. _________________ 1aRegulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (OJ L 406, 30.12.20016, p.1).
Amendment 26 #
2019/0183(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To maintain the availability of the Fund for natural disasters, itsEuropean Union Solidarity Fund and of the EGF for their original purposes, a budgetary ceiling for support related to the withdrawal of the United Kingdom from the Union without an agreement should be established.
Amendment 36 #
2019/0183(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation (EC) No 2012/2002 and Regulation (EU) No 1309/2013 should therefore be amended accordingly,
Amendment 46 #
2019/0183(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 2012/2002
Article 3 a – paragraph 1
Article 3 a – paragraph 1
(1) At the request of a Member State, assistance from the European Union Solidarity Fund may also be mobilised when serious financial burden is inflicted on this Member State as a direct consequence of the United Kingdom leaving the Union without an agreement in accordance with Article 50(2) TEU (“withdrawal without an agreement”). The assistance shall take the form of a financial contribution from the Fund. (This amendment applies throughout the text.)
Amendment 48 #
2019/0183(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 2012/2002
Article 3 a – paragraph 2
Article 3 a – paragraph 2
(2) The available appropriations solely for this goal shall be limited to half5 % of the maximum available amount for the Fund intervention for the years 2019 and 2020.
Amendment 84 #
2019/0183(COD)
Proposal for a regulation
Article 1 a (new) Regulation (EU) No 1309/2013
Article 1 a (new) Regulation (EU) No 1309/2013
Amendment 85 #
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
Amendment 9 #
2008/0146(CNS)
Proposal for a regulation – amending act
Recital 2
Recital 2
(2) The objectives of the CAP set out in Article 33 of the Treaty include the stabilisation of markets, assuring the availability of supplies and ensuring that supplies reach consumers at reasonable prices. The provision of Community aid under a School Fruit Scheme to supply fruit and vegetable and banana products, which should be as fresh as possible, seasonal, and obtainable at low cost, to pupils in educational establishments would meet these objectives. Further, the Scheme should bring young consumers to appreciate fruit and vegetables and therefore should enhance future consumption thereby promoting earnings in agriculture, also an objective of the CAP. In addition, under Article 35(b) of the Treaty, provision may be made within the framework of the common agricultural policy for joint measures, such as a School Fruit Scheme, to promote consumption of certain products.