BETA

608 Amendments of Raffaele STANCANELLI

Amendment 64 #

2023/2124(INI)

Motion for a resolution
Recital A
A. whereas there is an urgent need to step up action at EU level to reverse the decline of marine ecosystems by tackling, where possible, human and natural pressures, supporting the positive recovery of some fish stocks and encouraging constantly updated scientific studies and any research and development that ensure sustainable fisheries and aquaculture with the direct involvement of operators, local authority representatives and coastal communities;
2023/10/18
Committee: PECH
Amendment 128 #

2023/2124(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Takes the view that Commissioner Sinkevičius' action plan chiefly provides for additional obligations and regulations for fishermen and that their needs have never been properly taken into account;
2023/10/18
Committee: PECH
Amendment 165 #

2023/2124(INI)

Motion for a resolution
Paragraph 6
6. Insists on the fact that MPAs are diverse in terms of size, species, habitats and ecosystems targeted and should not be seen as uniform areas; considers, therefore, that the action plan supports an oversimplified approach, in particular by proposing a blanket ban on certain fishing gear wrongly considered harmful a priori, thus giving the impression that all MPAs should be treated in the same way; calls for a balance to be struck between the proposal to increase closures of traditional fishing areas, on the one hand, and maintaining fishing activity, on the other;
2023/10/18
Committee: PECH
Amendment 204 #

2023/2124(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses the importance of not considering bottom trawling to be the sole cause of the adverse conditions in certain marine areas and adds that all existing factors should be taken into account and that bottom trawling should not be banned in a preventive and arbitrary manner;
2023/10/18
Committee: PECH
Amendment 265 #

2023/2124(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Considers that the statements made by the Commissioner during the presentation of the action plan have caused only concern in the fisheries sector rather than confidence and positivity as regards the future;
2023/10/18
Committee: PECH
Amendment 305 #

2023/2124(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Stresses the importance of preserving and ensuring the competitiveness of the European fisheries sector and the entire related supply chain by means of clear monitoring of the opaque activities of third country fleets;
2023/10/18
Committee: PECH
Amendment 58 #

2023/2049(INI)

Motion for a resolution
Paragraph 11
11. Agrees that for the CMO to fully achieve its objectives, consumers must be informed, through marketing and educational campaigns, of the value of eating fishery and aquaculture products, the wide variety of species available and the importance of understanding the information on labels with a view to avoiding communications that mislead consumers; believes that for consumers to be able to make informed choices, they should receive clear and comprehensive information on the products sold on the EU market, and that this information should comply with the same rules, regardless of the products’ origin;
2023/09/05
Committee: PECH
Amendment 72 #

2023/2049(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Stresses that greater traceability and transparency would not only have economic and commercial benefits, but would also improve efforts to protect health;
2023/09/05
Committee: PECH
Amendment 81 #

2023/2049(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses the importance of putting an end to all situations that could mislead the final consumer, especially in respect of the provenance of raw materials used, by ensuring that only products made from fish can be advertised as such;
2023/09/05
Committee: PECH
Amendment 87 #

2023/2049(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Reiterates the importance of protecting the European fishing industry's competitiveness by ensuring a level playing field with non-EU operators with a view to preventing imported products becoming more attractive than EU produce because such operators are not subject to the same stringent regulations as EU fleets;
2023/09/05
Committee: PECH
Amendment 14 #

2023/2027(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas entire coastal communities are totally reliant on fishing and all negative effects on the sector have socioeconomic and employment consequences;
2023/11/09
Committee: PECH
Amendment 27 #

2023/2027(INI)

Motion for a resolution
Recital E
E. whereas four third countries currently have a red card and eight have a yellow card; whereas, however, one major producer of seafood, the People’s Republic of China, has never been subject to a procedure under the IUU Regulation despite considerable evidence of its significant and growing involvement in IUU fishing and its unregulated and opaque fishing operations pose a serious threat to the survival of global fishery resources and supply chains;
2023/11/09
Committee: PECH
Amendment 34 #

2023/2027(INI)

Motion for a resolution
Recital J
J. whereas products resulting from illegal fishing pose a risk to the food security of citizens and public health in the European Union citizens;
2023/11/09
Committee: PECH
Amendment 44 #

2023/2027(INI)

Motion for a resolution
Paragraph 1
1. Reaffirms the need for the EU and its Member States to continue taking a zero-tolerance approach to IUU fishing, applying this approach equally to all countries, irrespective of size, and to promote sustainable fisheries with a view to combating overfishing andwhile ensuring food security and protecting public health;
2023/11/09
Committee: PECH
Amendment 59 #

2023/2027(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Underlines the importance of introducing more import controls to protect public health and the competitiveness of the EU fishing industry by implementing strong and timely measures and sanctions;
2023/11/09
Committee: PECH
Amendment 88 #

2023/0315(COD)

Proposal for a directive
Recital 18
(18) The establishment of an ECBA should be the result of an agreement between natural persons that are Union citizens or legally resident third-country nationals, or legal entities established in the Union, except persons that have been convicted of offences concerning money laundering, associated predicate offences40 , or terrorist financing or are subject to measures that prohibit their operations in a Member State on the same grounds. In this regards the proportionate level of accountability, public reporting and the transparency of financing and governance structure should be ensured. In view of the non-profit purpose of the ECBA, where an ECBA is constituted by legal entities, they should also have a non- profit purpose. _________________ 40 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22–30).
2023/12/11
Committee: JURI
Amendment 152 #

2023/0315(COD)

Proposal for a directive
Article 13 – paragraph 2 – point c
(c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained. 3.The Member States shall ensure the accountability, public reporting and the transparency of financing and governance structure of the ECBAs, particularly when they receive funds from public sources. 4.The Commission shall issue guidelines no later than 12 months after the entry into force of this Directive, which shall include the following: a) a list of minimum available information the Member States shall request from ECBAs in order to ensure the transparency of their financing and governance; b) best practices on public reporting, transparency of financing and governance structure of the ECBAs; c) ethical guidance for ECBAs to ensure integrity, accountability, and responsible conduct.
2023/12/11
Committee: JURI
Amendment 202 #

2023/0315(COD)

Proposal for a directive
Article 29 – paragraph 1
By [seven years after transposition deadline] at the latest, and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the transposition and application of this Directive. To that end, the Commission may request, to the extent possible through digital tools, Member States to share aggregated data concerning ECBAs registered in their territory. The report shall in particular take into account: a) Consider the adequacy and the proportionality of the measures; b) Number, size and geography spread of registered cross-border associations/ECBAs in the EU; c) Number of infringement cases in relation to this Directive; d) Quantified cost-benefit analysis of this Directive, including costs for the Member States, the Commission and non-profit associations including non-profit associations that qualify as SMEs; e) Quantified cost reduction for non-profit associations realised due to reduced regulatory and administrative formalities; f) Trend in the number, size and geography spread of registered cross- border associations/ECBAs in the EU, including number of voluntary and involuntary dissolutions; g) Perceived satisfaction of non-profit associations taking up the new legal form of ECBA operating cross-border in the internal market; h) The need for harmonisation of requirements for accounts transparency, annual reports and auditing, especially for the ECBAs receiving financial public support.
2023/12/11
Committee: JURI
Amendment 84 #

2023/0129(COD)

Proposal for a regulation
Recital 20
(20) The Commission should grant the Union compulsory licence in the light of the non-binding opinion of the advisory body. Persons, in particular the licensee and the rights-holder, whose interests may be affected by the Union compulsory licence should be given the opportunity to submit their comments after being provided with the case file and analyses submitted to or carried out by the advisory body, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights. These elements should enable the Commission to consider the individual merits of the situation and determine, on that basis, the adequate conditions of the licence, including an adequate remuneration to be paid by the licensee to the rights-holder. To avoid overproduction of products manufactured under a Union compulsory licence, the Commission should also consider any existing compulsory licences at national level.
2023/11/14
Committee: JURI
Amendment 195 #

2023/0129(COD)

Proposal for a regulation
Article 7 – paragraph 3 – introductory part
3. Before the granting of a Union compulsory licence, the Commission shall provide the rights-holders and the licensee with the case file and analyses submitted to or carried out by the advisory body referred to in Article 6, and with all other relevant information necessary for them to assess the impact of a proposed Union compulsory license on their intellectual property rights, and the Commission shall give the rights-holder and the licensee an opportunity to comment on the following:
2023/11/14
Committee: JURI
Amendment 28 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. Opposition may only be filed on the grounds that one or more of the conditions set out in Article 3 or 6 are not fulfilled for one or more of the designated Member States.
2023/11/13
Committee: JURI
Amendment 29 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point c a (new)
(c a) any evidence that is relied upon by the opponent.
2023/11/13
Committee: JURI
Amendment 30 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. If the opposition panel notes that the notice of opposition does not comply with paragraphs 2, 3 or 4, it shall reject the opposition as inadmissible, and communicate this to the opponent with reasons as soon as practicable after the filing of the notice of opposition, unless these deficiencies have been remedied before expiry of the opposition filing period referred to in paragraph 1.
2023/11/13
Committee: JURI
Amendment 31 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 7 – subparagraph 2
A notice of opposition shall be inadmissible where a previous appeal relating to the same subject matter and cause of action has been adjudicated on its merits by the Office, and the decision of the Office on that appeal has acquired the authority of a final decision.deleted
2023/11/13
Committee: JURI
Amendment 32 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 9
9. The Office shall issue a decision on the opposition within 6 months, unless the complexity of the case requires a longer period. The decision shall include detailed reasons.
2023/11/13
Committee: JURI
Amendment 33 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 10
10. If the opposition panel considers that no ground for opposition prejudices the maintenancemore than one opposition is filed in respect of the same examination opinion, ithe Office shall rejecthear the opposition, and the Office shall mention this in the Registers jointly and issue a common decision.
2023/11/13
Committee: JURI
Amendment 34 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 11
11. If the opposition panel considers that at least one ground for opposition prejudices the maintenance of the examination opinion, it shall adopt an amended opinion, and the Office shall mention thispublish its full decision in the Register.
2023/11/13
Committee: JURI
Amendment 35 #

2023/0128(COD)

Proposal for a regulation
Article 26 – paragraph 12 – subparagraph 1 (new)
Full transparency shall be ensured throughout the whole opposition proceeding, which shall be open, whenever possible, to public participation.
2023/11/13
Committee: JURI
Amendment 47 #

2023/0128(COD)

Proposal for a regulation
Article 35 a (new)
Article 35a The existence on the Register of a granted or applied for supplementary protection certificate shall not be a valid ground to refuse, suspend, delay, withdraw or revoke decisions relating to marketing authorisations, the price of a medicinal product or its inclusion within the public health insurance system, or the public and private procurement of medicinal products.
2023/11/13
Committee: JURI
Amendment 122 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point c a (new)
(c a) any evidence that is relied upon by the opponent.
2023/11/13
Committee: JURI
Amendment 124 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 6
6. If the opposition panel notes that the notice of opposition does not comply with paragraphs 2, 3 or 4, it shall reject the opposition as inadmissible, and communicate this to the opponent with reasons as soon as practicable after the filing of the notice of opposition, unless these deficiencies have been remedied before expiry of the opposition filing period referred to in paragraph 1.
2023/11/13
Committee: JURI
Amendment 126 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 8
8. A notice of opposition shall be inadmissible where a previous appeal relating to the same subject matter and cause of action has been adjudicated on its merits by the Office, and the decision of the Office on that appeal has acquired the authority of a final decision.deleted
2023/11/13
Committee: JURI
Amendment 128 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 10
10. The Office shall issue a decision on the opposition within 6 months, unless the complexity of the case requires a longer period. The decision shall include detailed reasons.
2023/11/13
Committee: JURI
Amendment 131 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 10 a (new)
10 a. If more than one opposition is filed in respect of the same examination opinion, the Office shall hear the oppositions jointly and issue a common decision.
2023/11/13
Committee: JURI
Amendment 132 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 12
12. If the opposition panel considers that at least one ground for opposition prejudices the maintenance of the examination opinion, it shall adopt an amended opinion, and the Office shall mention thispublish its full decision in the Register.
2023/11/13
Committee: JURI
Amendment 135 #

2023/0127(COD)

Proposal for a regulation
Article 15 – paragraph 13 a (new)
13 a. Full transparency shall be ensured throughout the whole opposition proceeding, which shall be open, whenever possible, to public participation.
2023/11/13
Committee: JURI
Amendment 190 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point i a (new)
(i a) information on all direct financial support received for research related to the development of the product for which the unitary SPC is applied for.
2023/11/13
Committee: JURI
Amendment 195 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point k a (new)
(k a) where applicable, any third party observation and any related documents;
2023/11/13
Committee: JURI
Amendment 196 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point l
(l) where applicable,any documents from the examination procedure and the date and a summarcopy of the examination opinion relating to an application for an extension of the duration of a unitary certificate;
2023/11/13
Committee: JURI
Amendment 197 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point l
(l) where applicable, the date and a summarcopy of the examination opinion relating to an application for an extension of the duration of a unitary certificate;
2023/11/13
Committee: JURI
Amendment 201 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point m
(m) where applicable, the filing of an opposition, and thits status, any documents from the opposition procedure, the outcome outcome of the opposition proceedings, includinga copy of the decision and, where applicable a summarcopy of the revised examination opinion;
2023/11/13
Committee: JURI
Amendment 202 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point n
(n) where applicable, the filing of an appeal, and the outcome of the appeal proceedings, includingits status, any documents from the appeal proceedings, outcome a copy of the decision and where applicable a summarcopy of the revised examination opinion;
2023/11/13
Committee: JURI
Amendment 205 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point r a (new)
(r a) where applicable, the filing of an action to the General Court or the Court of Justice of the European Union, its status, a copy of the decision and where applicable a copy of the revised examination opinion;
2023/11/13
Committee: JURI
Amendment 207 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point r b (new)
(r b) any documents and communications between the Office and any party in the proceedings.
2023/11/13
Committee: JURI
Amendment 209 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 7 – point b
(b) maintaining the Register and making it available for inspection by public authorities and economic operators;
2023/11/13
Committee: JURI
Amendment 212 #

2023/0127(COD)

Proposal for a regulation
Article 35 – paragraph 8 a (new)
8 a. The existence on the Register of a granted or applied for supplementary protection certificate shall not be a valid ground to refuse, suspend, delay, withdraw or revoke decisions relating to marketing authorisations, the price of a medicinal product or its inclusion within the public health insurance system, or the public and private procurement of medicinal products.
2023/11/13
Committee: JURI
Amendment 39 #

2022/2148(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the amount of legislation that EU fishing fleeting has to conform to is burdensome and the resulting effort is colossal in terms of economics but also of competitiveness with regard to imported products;
2023/05/23
Committee: PECH
Amendment 47 #

2022/2148(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the Chinese seafood imported into the European market is the product of opaque operations and severely undermines the competitiveness of the European single market, which has severe economic and labour repercussions for companies in the sector and throughout the supply chain;
2023/05/23
Committee: PECH
Amendment 61 #

2022/2148(INI)

Motion for a resolution
Paragraph 3
3. Asks the Commission to demand more transparency from the Chinese authorities on the fishing activities undertaken by and the fishing agreements entered into by that country’s distant-water fleets with a view to ensuring that competition is genuine;
2023/05/23
Committee: PECH
Amendment 68 #

2022/2148(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. the importance of also applying the existing legislative system for EU fleets to fleets from third countries with a view to enforcing the same standards in terms of transparency of fishing activities and traceability of products;
2023/05/23
Committee: PECH
Amendment 72 #

2022/2148(INI)

Motion for a resolution
Paragraph 6
6. Asks the Member States to strictly enforce EU law on the system for traceability and reporting of catches; wishes to know how many products are caught by Chinese vessels that subsequently enter the EU market with a view to preserving public health and preventing the distortion of competition;
2023/05/23
Committee: PECH
Amendment 84 #

2022/2148(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Commission to initiate, with its international partners, a strategy of monitoring bilateral agreements entered into by China with a view to preventing distortion of competition whether in supply chains or trade.
2023/05/23
Committee: PECH
Amendment 98 #

2022/2148(INI)

Motion for a resolution
Paragraph 11
11. Notes that the intensity of the Chinese fishing fleet's activities is on the way to depleting stockfishing stocks, causing global repercussions; takes the view that the status of targeted stocks should be ascertained with a view to determining the level of exploitation;
2023/05/23
Committee: PECH
Amendment 102 #

2022/2148(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Highlights the volume of regulations that EU fleets have to conform to in their fishing activities and that EU fleets' products have to compete with those from countries that operate in an opaque manner;
2023/05/23
Committee: PECH
Amendment 127 #

2022/2148(INI)

Motion for a resolution
Paragraph 16
16. Invites the EU and China to cooperate closely and in a transparent manner on the sustainable use of marine biological resources, on ocean governance ‑ in particular in the fisheries sector ‑ and in combating IUU fishing
2023/05/23
Committee: PECH
Amendment 39 #

2022/2059(INI)

Draft opinion
Paragraph 1
1. Stresses that the development of the blue economy in the Mediterranean will inevitably increase competition for the use of marine and coastal space and resources; calls for the full deployment of ecosystem- based integrated coastal zone management (ICZM) and maritime spatial planning (MSP) as tools to avoid conflicts and situations where fisherman face danger when carrying on their activities owing to the completely arbitrary application of territorial water limits, and therefore to promote harmonious and sustainable development across the Mediterranean;
2022/12/09
Committee: PECH
Amendment 69 #

2022/2059(INI)

Draft opinion
Paragraph 3
3. Believes that the governance of the Mediterranean could be improved through better coordination and the setting up of a dedicated operational instrument for the development of an integrated and sustainable blue economy strategy with the direct involvement of fish workers and representatives of coastal communities;
2022/12/09
Committee: PECH
Amendment 75 #

2022/2059(INI)

Draft opinion
Paragraph 4
4. Calls for the deployment of a macro-regional strategy at the scale of the entire Mediterranean basin, dedicated to climate change mitigation, environmental conservation and the sustainable development of the blue economy; believes that such a strategy could be used more specifically to foster circular economy projects in the fisheries sector; address plastic pollution; protect biodiversity; enhance relations with third countries with respect to illegal, unreported and unregulated fishing; contribute to solving usage conflicts through adequate maritime spatial planning; promote compliance with international treaties on territorial waters; preserve the socio- economic contribution of fisheries to the well-being of coastal communities, in particular in islands; promote stock management measures across the Mediterranean basin with greater involvement of fish workers in decision-making processes; encourage third countries to implement maritime protected areas in their territorial waters; provide for the sustainable economic development of the fisheries and aquaculture sector, in particular with respect to transformation and commercialisation; implement more effective measures to monitor imported fish products in order to safeguard both public safety and the competitiveness of Europe’s fish sector and the entire related supply chain and support the diversification of fishers’ activities, including retraining and reskilling.
2022/12/09
Committee: PECH
Amendment 28 #

2022/2003(INI)

Motion for a resolution
Recital I
I. whereas it is difficult to obtain and, collect and share data and information on marine environments and fisheries, and whereas the participation of the fisheries sector itself in this work, through the direct involvement of those engaged in this activity, is important for all public and private research bodies at European level, as laid down in Article 25 of the Common Fisheries Policy in Regulation (EU) No 1380/2013Regulation (EU) No 1380/2013 on the Common Fisheries Policy;
2022/11/14
Committee: PECH
Amendment 34 #

2022/2003(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas small-scale artisanal fisheries play a vital role, being able to carry out constant monitoring of the marine environment and fish stocks and hence provide extremely useful and relevant data for decision-making purposes;
2022/11/14
Committee: PECH
Amendment 114 #

2022/2003(INI)

Motion for a resolution
Paragraph 17
17. Stresses that the choice of instrument used in the management of fisheries resources is largely up to governments, although experience around the world shows that various forms of partnership between government, industry and fishers strengthen management and produce good resultsbring social and economic benefits to the areas concerned; points out that the 1987 report ‘Our Common Future’, commonly known as the Brundtland Report, already concluded that in order to achieve sustainable development and therefore also sustainable management of natural resources, communities should have greater access to and control over decisions affecting their resources, always in cooperation with the relevant administrations and organisations (World Commission on Environment and Development, 19879)9; _________________ 9 https://www.un.org/es/ga/president/65/issu es/sustdev.shtml.
2022/11/14
Committee: PECH
Amendment 58 #

2022/0402(CNS)

Proposal for a regulation
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters, in accordance with the sovereign competence of the Member States over the regulation of family law.
2023/07/20
Committee: JURI
Amendment 63 #

2022/0402(CNS)

Proposal for a regulation
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Pursuant to Article 67(1) TFEU, the Union shall respect ‘fundamental rights and the different legal systems and traditions of the Member States’.
2023/07/20
Committee: JURI
Amendment 65 #

2022/0402(CNS)

Proposal for a regulation
Recital 5
(5) Under the Treaties, the exclusive competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood.
2023/07/20
Committee: JURI
Amendment 72 #

2022/0402(CNS)

Proposal for a regulation
Recital 10
(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin.deleted
2023/07/20
Committee: JURI
Amendment 77 #

2022/0402(CNS)

Proposal for a regulation
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings. _________________ 47 State of the Union Address by President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).deleted
2023/07/20
Committee: JURI
Amendment 82 #

2022/0402(CNS)

Proposal for a regulation
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52. Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood does not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
2023/07/20
Committee: JURI
Amendment 89 #

2022/0402(CNS)

Proposal for a regulation
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognMember States are not required to register the information in the birth certificate of a child born out of surrogacy abroad in order to establiseh the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent- child relationship with the non-biological intended parent (for example through the adoption of the child)54. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019)with the future mother. Without precluding the need for States to identify ways of protecting the child’s interests in the legal recognition of the link with those who de facto exercise parental authority, the case-law of the European Court of Human Rights has granted a margin of appreciation to States in the identification of ways to formalise the intended parental relationship. That approach does not prevent the solution of not registering a foreign document which acknowledges the paternity of both partners who have resorted to surrogacy abroad. The European Court of Human Rights has underlined that the adoption solution may be regarded as sufficient to protect the rights of minors where it is capable of establishing a real ‘parent- child’ relationship between adopter and adoptee, and provided that the procedures laid down by national law guarantee efficient and expeditious implementation, in accordance with the best interests of the child.
2023/07/20
Committee: JURI
Amendment 90 #

2022/0402(CNS)

Proposal for a regulation
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54. Without prejudice to the foregoing, recognition of the relationship between the intended parent and the child must be provided by registration directly in the civil status records54a. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019). 54a Applications Nos 47998/20 and 23142/21, Nuti and Others v Italy, European Court of Human Rights.
2023/07/20
Committee: JURI
Amendment 95 #

2022/0402(CNS)

Proposal for a regulation
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
2023/07/20
Committee: JURI
Amendment 102 #

2022/0402(CNS)

Proposal for a regulation
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of final court decisions and authentic instruments with binding legal effect on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
2023/07/20
Committee: JURI
Amendment 104 #

2022/0402(CNS)

Proposal for a regulation
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
2023/07/20
Committee: JURI
Amendment 105 #

2022/0402(CNS)

Proposal for a regulation
Recital 23
(23) This Regulation covers ‘civil matters’, which includes civil court proceedings and the resulting final court decisions on parenthood, and authentic instruments with binding legal effect on parenthood. The term ‘civil matters’ should be interpreted autonomously, in accordance with the established case law of the Court of Justice. It should be regarded as an independent concept to be interpreted by referring, first, to the objectives and scheme of this Regulation and, second, to the general principles that stem from the corpus of the national legal systems. The term ‘civil matters’ should therefore be interpreted as capable of extending also to measures that, from the point of view of the legal system of a Member State, might fall under public law.
2023/07/20
Committee: JURI
Amendment 106 #

2022/0402(CNS)

Proposal for a regulation
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
2023/07/20
Committee: JURI
Amendment 113 #

2022/0402(CNS)

Proposal for a regulation
Recital 25
(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
2023/07/20
Committee: JURI
Amendment 115 #

2022/0402(CNS)

Proposal for a regulation
Recital 25
(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
2023/07/20
Committee: JURI
Amendment 116 #

2022/0402(CNS)

Proposal for a regulation
Recital 26
(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted
2023/07/20
Committee: JURI
Amendment 119 #

2022/0402(CNS)

Proposal for a regulation
Recital 28
(28) While the establishment and the recognition of parenthood in conformity with this Regulation is relevant for other areas of civil law, the scope of this Regulation should be limited to jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments concerning parenthoodwith binding legal effect. For reasons of clarity, other areas of civil law which could be seen as having a link with parenthood should be explicitly excluded from the scope of this Regulation.
2023/07/20
Committee: JURI
Amendment 121 #

2022/0402(CNS)

Proposal for a regulation
Recital 29
(29) In particular, the rules on jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments with binding legal effect set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157. However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
2023/07/20
Committee: JURI
Amendment 124 #

2022/0402(CNS)

Proposal for a regulation
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.deleted
2023/07/20
Committee: JURI
Amendment 128 #

2022/0402(CNS)

Proposal for a regulation
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from formally checking that the recognition of parenthood is not manifestly contrary to the public policy of the Member State, from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.
2023/07/20
Committee: JURI
Amendment 129 #

2022/0402(CNS)

Proposal for a regulation
Recital 32 a (new)
(32a) It should also not cover the recognition of court decisions which are open to appeal or of authentic instruments without binding legal effect.
2023/07/20
Committee: JURI
Amendment 131 #

2022/0402(CNS)

Proposal for a regulation
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood canmust be provided by the document establishing the parenthood (such as thefinal court decision, or the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate)authentic instrument with binding legal effect establishing parenthood.
2023/07/20
Committee: JURI
Amendment 136 #

2022/0402(CNS)

Proposal for a regulation
Recital 35
(35) The smooth and correct functioning of a Union area of justice with respect for the Member States’ different legal systems and traditions is fundamental for the Union. In that regard, mutual trust in one another’s justice systems should be further enhanced.deleted
2023/07/20
Committee: JURI
Amendment 140 #

2022/0402(CNS)

Proposal for a regulation
Recital 36
(36) In order to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross- border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject.
2023/07/20
Committee: JURI
Amendment 141 #

2022/0402(CNS)

Proposal for a regulation
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of ‘authentic instrument’ used horizontally in Union instruments and in the light of the objectives of this Regulation.deleted
2023/07/20
Committee: JURI
Amendment 143 #

2022/0402(CNS)

Proposal for a regulation
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.
2023/07/20
Committee: JURI
Amendment 146 #

2022/0402(CNS)

Proposal for a regulation
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of international private law, jurisdiction should be determined, in each Member State, by the laws of that Member State.
2023/07/20
Committee: JURI
Amendment 148 #

2022/0402(CNS)

Proposal for a regulation
Recital 40
(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.deleted
2023/07/20
Committee: JURI
Amendment 150 #

2022/0402(CNS)

Proposal for a regulation
Recital 41
(41) Where this Regulation refers to nationality as a connecting factor for the purposes of jurisdiction or applicable law, the question of how to consider a child or a parent having multiple nationalities is a preliminary question which falls outside the scope of this Regulation and should be left to national law, including, where applicable, international conventions, in full observance of the general principles of the Union. For the purposes of this Regulation, a child or a parent possessing multiple nationalities may choose the court or the law of any of the Member States whose nationality he or she possesses at the time of seising the court or at the time the parenthood is established.deleted
2023/07/20
Committee: JURI
Amendment 151 #

2022/0402(CNS)

Proposal for a regulation
Recital 42
(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third- country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced because of disturbances occurring in their State of habitual residence.deleted
2023/07/20
Committee: JURI
Amendment 152 #

2022/0402(CNS)

Proposal for a regulation
Recital 43
(43) Where no court of a Member State has jurisdiction pursuant to this Regulation, jurisdiction should be determined, in each Member State, by the laws of that Member State, including the international instruments in force in that Member State.deleted
2023/07/20
Committee: JURI
Amendment 155 #

2022/0402(CNS)

Proposal for a regulation
Recital 45
(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation and should only produce effects in the proceedings for which it was made.
2023/07/20
Committee: JURI
Amendment 162 #

2022/0402(CNS)

Proposal for a regulation
Recital 50
(50) This Regulation should provide legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.ted
2023/07/20
Committee: JURI
Amendment 164 #

2022/0402(CNS)

Proposal for a regulation
Recital 51
(51) As a rule, tThe law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)Member State whose courts are hearing the case.
2023/07/20
Committee: JURI
Amendment 167 #

2022/0402(CNS)

Proposal for a regulation
Recital 52
(52) By way of exception, where the law applicable as a rule results in the establishment of parenthood as regards only one parent (for example, only the genetic parent in a same-sex couple), either of two subsidiary laws, namely the law of the State of nationality of either parent or the law of the State of birth of the child, may be applied to establish parenthood as regards the second parent (for example, the non-genetic parent in a same-sex couple). Given that, in those cases, both the parenthood as regards one parent and the parenthood as regards the other parent would be established in accordance with one of the laws designated as applicable by this Regulation, the parenthood as regards each parent, including where established by the authorities of different Member States, should be recognised in all other Member States under the rules of this Regulation where the parenthood as regards each parent has been established by the authorities of a Member State whose courts have jurisdiction under this Regulation.deleted
2023/07/20
Committee: JURI
Amendment 169 #

2022/0402(CNS)

Proposal for a regulation
Recital 53
(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.deleted
2023/07/20
Committee: JURI
Amendment 172 #

2022/0402(CNS)

Proposal for a regulation
Recital 54
(54) To ensure legal certainty and the continuity of parenthood, where parenthood has been established in a Member State in accordance with one of the laws designated as applicable by this Regulation, the change of applicable law as a result of a change of the habitual residence of the person who gave birth or of the nationality of either parent should not affect the parenthood already established.deleted
2023/07/20
Committee: JURI
Amendment 174 #

2022/0402(CNS)

Proposal for a regulation
Recital 55
(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done.
2023/07/20
Committee: JURI
Amendment 175 #

2022/0402(CNS)

Proposal for a regulation
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.deleted
2023/07/20
Committee: JURI
Amendment 181 #

2022/0402(CNS)

Proposal for a regulation
Recital 57
(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, while respecting the conflict- of-law rules laid down by national legislation.
2023/07/20
Committee: JURI
Amendment 183 #

2022/0402(CNS)

Proposal for a regulation
Recital 58
(58) This Regulation should provide for the recognition of final court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.
2023/07/20
Committee: JURI
Amendment 185 #

2022/0402(CNS)

Proposal for a regulation
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deed of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deed, an administrative decision or registration).
2023/07/20
Committee: JURI
Amendment 188 #

2022/0402(CNS)

Proposal for a regulation
Recital 60
(60) Mutual trust in the administration of justice in the Union justifies the principle that final court decisions establishing parenthood in a Member State should be recognised in all Member States without the need for any recognition procedure. In particular, when presented with a court decision given in another Member State establishing parenthood that can no longer be challenged in the Member State of origin, the competent authorities of the requested Member State should recognise the court decision by operation of law without any special procedure being required and update the records on parenthood in the relevant register accordingly.
2023/07/20
Committee: JURI
Amendment 189 #

2022/0402(CNS)

Proposal for a regulation
Recital 61
(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are initiated, who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute, from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that final court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.
2023/07/20
Committee: JURI
Amendment 191 #

2022/0402(CNS)

Proposal for a regulation
Recital 62
(62) The recognition in a Member State of final court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non- recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations.
2023/07/20
Committee: JURI
Amendment 192 #

2022/0402(CNS)

Proposal for a regulation
Recital 63
(63) The recognition of a final court decision should be refused only if one or more of the grounds for refusal of recognition provided for in this Regulation are present. The list of grounds for refusal of recognition in this Regulation is exhaustive. It should not be possible to invoke, as grounds for refusal, grounds which are not listed in this Regulation such as, for example, a violation of the lis pendens rule. A later court decision should always supersede an earlier court decision to the extent that they are irreconcilable.
2023/07/20
Committee: JURI
Amendment 193 #

2022/0402(CNS)

Proposal for a regulation
Recital 64
(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in accordance with national legislation and procedure, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a final court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.
2023/07/20
Committee: JURI
Amendment 195 #

2022/0402(CNS)

Proposal for a regulation
Recital 65
(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to ‘final court decisions’ for the purposes of the rules on recognition of this Regulation.
2023/07/20
Committee: JURI
Amendment 199 #

2022/0402(CNS)

Proposal for a regulation
Recital 67
(67) The recognition in a Member State under this Regulation of a final court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.
2023/07/20
Committee: JURI
Amendment 202 #

2022/0402(CNS)

Proposal for a regulation
Recital 68
(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.deleted
2023/07/20
Committee: JURI
Amendment 205 #

2022/0402(CNS)

Proposal for a regulation
Recital 69
(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.deleted
2023/07/20
Committee: JURI
Amendment 209 #

2022/0402(CNS)

Proposal for a regulation
Recital 70
(70) The ‘authenticity’ of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be an autonomous concept covering elements such as the genuineness of the instrument, the formal prerequisites of the instrument, the powers of the authority drawing up the instrument and the procedure under which the instrument is drawn up. It should also cover the factual elements recorded in the authentic instrument. A party wishing to challenge the authenticity of such an authentic instrument should do so before the competent court in the Member State of origin of the authentic instrument under the law of that Member State.deleted
2023/07/20
Committee: JURI
Amendment 210 #

2022/0402(CNS)

Proposal for a regulation
Recital 71
(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.deleted
2023/07/20
Committee: JURI
Amendment 212 #

2022/0402(CNS)

Proposal for a regulation
Recital 72
(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.deleted
2023/07/20
Committee: JURI
Amendment 214 #

2022/0402(CNS)

Proposal for a regulation
Recital 73
(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.deleted
2023/07/20
Committee: JURI
Amendment 216 #

2022/0402(CNS)

Proposal for a regulation
Recital 74
(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effects in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.deleted
2023/07/20
Committee: JURI
Amendment 224 #

2022/0402(CNS)

Proposal for a regulation
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept aa final court decision or authentic instrument with binding legal effect on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept aa final court decision or an authentic instrument with binding legal effect issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
2023/07/20
Committee: JURI
Amendment 227 #

2022/0402(CNS)

Proposal for a regulation
Recital 76
(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.deleted
2023/07/20
Committee: JURI
Amendment 228 #

2022/0402(CNS)

(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued by the Member State in which parenthood has been established for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.
2023/07/20
Committee: JURI
Amendment 229 #

2022/0402(CNS)

Proposal for a regulation
Recital 77
(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted
2023/07/20
Committee: JURI
Amendment 233 #

2022/0402(CNS)

Proposal for a regulation
Recital 78
(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a court decision or an authentic instrument) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a court decision or an authentic instrument be presented instead of the European Certificate of Parenthood.deleted
2023/07/20
Committee: JURI
Amendment 235 #

2022/0402(CNS)

Proposal for a regulation
Recital 78
(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a final court decision or an authentic instrument with binding legal effect) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a final court decision or an authentic instrument with binding legal effect be presented instead of the European Certificate of Parenthood.
2023/07/20
Committee: JURI
Amendment 236 #

2022/0402(CNS)

Proposal for a regulation
Recital 79
(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted
2023/07/20
Committee: JURI
Amendment 239 #

2022/0402(CNS)

Proposal for a regulation
Recital 80
(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this Regulation. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.deleted
2023/07/20
Committee: JURI
Amendment 240 #

2022/0402(CNS)

Proposal for a regulation
Recital 80
(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this RegulationThe European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects without precluding the Member State courts or competent authorities to which the certificate is presented from formally checking that it contains elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal as a result of it being manifestly contrary to public policy. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument with binding legal effect providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.
2023/07/20
Committee: JURI
Amendment 242 #

2022/0402(CNS)

Proposal for a regulation
Recital 81
(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted
2023/07/20
Committee: JURI
Amendment 245 #

2022/0402(CNS)

Proposal for a regulation
Recital 81
(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended, refused or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.
2023/07/20
Committee: JURI
Amendment 247 #

2022/0402(CNS)

Proposal for a regulation
Recital 83
(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
2023/07/20
Committee: JURI
Amendment 249 #

2022/0402(CNS)

Proposal for a regulation
Recital 83
(83) The European electronic access (83) point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a final court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a final court decision or an authentic instrument with binding legal effect on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
2023/07/20
Committee: JURI
Amendment 253 #

2022/0402(CNS)

Proposal for a regulation
Recital 86
(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. 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-Making60. 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. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).deleted
2023/07/20
Committee: JURI
Amendment 254 #

2022/0402(CNS)

Proposal for a regulation
Recital 86
(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. 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-Making60. 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. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
2023/07/20
Committee: JURI
Amendment 258 #

2022/0402(CNS)

Proposal for a regulation
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3(2)(c) of the Charter prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
2023/07/20
Committee: JURI
Amendment 262 #

2022/0402(CNS)

Proposal for a regulation
Recital 92
(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.
2023/07/20
Committee: JURI
Amendment 263 #

2022/0402(CNS)

Proposal for a regulation
Recital 92
(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.
2023/07/20
Committee: JURI
Amendment 264 #

2022/0402(CNS)

Proposal for a regulation
Recital 93
(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).
2023/07/20
Committee: JURI
Amendment 265 #

2022/0402(CNS)

Proposal for a regulation
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.
2023/07/20
Committee: JURI
Amendment 267 #

2022/0402(CNS)

Proposal for a regulation
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.
2023/07/20
Committee: JURI
Amendment 271 #

2022/0402(CNS)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; and common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
2023/07/20
Committee: JURI
Amendment 272 #

2022/0402(CNS)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of final court decisions on parenthood given, and authentic instruments with binding legal effect on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
2023/07/20
Committee: JURI
Amendment 278 #

2022/0402(CNS)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
2a. No provision of this Regulation may be interpreted in such a way as to commit a Member State to having to accept the legal effects of a practice deemed illegal under its own legal system.
2023/07/20
Committee: JURI
Amendment 280 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
(aa) the existence, validity or recognition of parenthood in the Member States;
2023/07/20
Committee: JURI
Amendment 282 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) matters relating to parental responsibility mattersand custody;
2023/07/20
Committee: JURI
Amendment 286 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 3
3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition or, as the case may be, acceptance of authentic instrumentsf authentic instruments with binding legal effect establishing or proving parenthood drawn up or registered in a third State.
2023/07/20
Committee: JURI
Amendment 290 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;
2023/07/20
Committee: JURI
Amendment 298 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 5
5. '‘final court decision' means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood and in respect of which there can be no further appeal, whether ordinary or extraordinary;
2023/07/20
Committee: JURI
Amendment 299 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 6 – introductory part
6. ‘authentic instrument' with binding legal effect’ means a document that has been formally drawn up or registered as an authentic instrument with binding legal effect in any Member State in matters of parenthood and the authenticity of which:
2023/07/20
Committee: JURI
Amendment 301 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 7
7. 'Member State of origin' means the Member State in which the court decision on parenthood has been given, the authentic instrument on parenthood has been formally drawn up or registered, or the European Certificate of Parenthood has been issued;
2023/07/20
Committee: JURI
Amendment 305 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
In matters relating to parenthood, jurisdiction shall lie with the courtJurisdiction shall be determined, in each Member State, in accordance with the laws of the Member State: concerned.
2023/07/20
Committee: JURI
Amendment 306 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) of the habitual residence of the child at the time the court is seised, ordeleted
2023/07/20
Committee: JURI
Amendment 308 #

2022/0402(CNS)

(b) of the nationality of the child at the time the court is seised, ordeleted
2023/07/20
Committee: JURI
Amendment 310 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) of the habitual residence of the respondent at the time the court is seised, ordeleted
2023/07/20
Committee: JURI
Amendment 311 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) of the habitual residence of either parent at the time the court is seised, ordeleted
2023/07/20
Committee: JURI
Amendment 312 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) of the nationality of either parent at the time the court is seised, ordeleted
2023/07/20
Committee: JURI
Amendment 313 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) of birth of the child.deleted
2023/07/20
Committee: JURI
Amendment 314 #

2022/0402(CNS)

Proposal for a regulation
Article 7
determined on the basis of Article 6, the courts of the Member State where the child is present shall have jurisdiction. Where jurisdiction cannot be determined on the basis of Article 6, the courts of the Member State where the child is present shall have jurisdiction.Article 7 deleted 7 Where jurisdiction cannot be
2023/07/20
Committee: JURI
Amendment 315 #

2022/0402(CNS)

Proposal for a regulation
Article 8
8 Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that Member Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that MemberArticle 8 deleted State.
2023/07/20
Committee: JURI
Amendment 316 #

2022/0402(CNS)

Proposal for a regulation
Article 9 – paragraph 1
Where no court of a Member State has jurisdiction pursuant to other provisions of this Regulationits own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.
2023/07/20
Committee: JURI
Amendment 317 #

2022/0402(CNS)

Proposal for a regulation
Article 10 – paragraph 1
1. If the outcome of proceedings in a matter not falling within the scope of this Regulation before a court of a Member State depends on the determination of an incidental question relating to parenthood, a court in that Member State may determine that question for the purposes of those proceedings even if that Member State does not have jurisdiction under this Regulation.deleted
2023/07/20
Committee: JURI
Amendment 318 #

2022/0402(CNS)

Proposal for a regulation
Article 10 – paragraph 2
2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made.deleted
2023/07/20
Committee: JURI
Amendment 326 #

2022/0402(CNS)

1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childMember State whose courts are seised of the case.
2023/07/20
Committee: JURI
Amendment 329 #

2022/0402(CNS)

Proposal for a regulation
Article 17 – paragraph 2
2. Notwithstanding paragraph 1, where the applicable law pursuant to paragraph 1 results in the establishment of parenthood as regards only one parent, the law of the State of nationality of that parent or of the second parent, or the law of the State of birth of the child, may apply to the establishment of parenthood as regards the second parent.deleted
2023/07/20
Committee: JURI
Amendment 335 #

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;
2023/07/20
Committee: JURI
Amendment 337 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1. A unilateral act intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:the law applicable to the establishment of parenthood in accordance with Article 17.
2023/07/20
Committee: JURI
Amendment 339 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point a
(a) the law applicable to the establishment of parenthood pursuant to Article 17;deleted
2023/07/20
Committee: JURI
Amendment 340 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point b
(b) the law of the State in which the person doing the act has the habitual residence; ordeleted
2023/07/20
Committee: JURI
Amendment 342 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.
2023/07/20
Committee: JURI
Amendment 347 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
2023/07/20
Committee: JURI
Amendment 353 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 1
1. A final court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as referred to in Article 31.
2023/07/20
Committee: JURI
Amendment 357 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 2
2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a final court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
2023/07/20
Committee: JURI
Amendment 359 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 3
3. Where the recognition of a final court decision is raised as an incidental question before a court of a Member State, that court may determine that issue.
2023/07/20
Committee: JURI
Amendment 360 #

2022/0402(CNS)

Proposal for a regulation
Article 25 – paragraph 1
1. Any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are brought may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.
2023/07/20
Committee: JURI
Amendment 361 #

2022/0402(CNS)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. A party who wishes to invoke in a Member State a final court decision given in another Member State shall produce the following:
2023/07/20
Committee: JURI
Amendment 362 #

2022/0402(CNS)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) a copy of the final court decision that satisfies the conditions necessary to establish its authenticity; and
2023/07/20
Committee: JURI
Amendment 363 #

2022/0402(CNS)

Proposal for a regulation
Article 26 – paragraph 2
2. The court or other competent authority before which a final court decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration of the translatable content of the free text fields of the attestation referred to in point (b) of paragraph 1 of this Article.
2023/07/20
Committee: JURI
Amendment 364 #

2022/0402(CNS)

Proposal for a regulation
Article 26 – paragraph 3
3. The court or other competent authority before which a final court decision given in another Member State is invoked may require the party to provide a translation or transliteration of the court decision in addition to a translation or transliteration of the translatable content of the free text fields of the attestation if it is unable to proceed without such a translation or transliteration.
2023/07/20
Committee: JURI
Amendment 365 #

2022/0402(CNS)

Proposal for a regulation
Article 27
1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with its production. 2. If the court or other competent authority before which a court decision given in another Member State is invoked so requires, a translation or transliteration of such equivalent documents shall be produced.Article 27 deleted Absence of documents
2023/07/20
Committee: JURI
Amendment 367 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
The court before which a final court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision stating that there are no grounds for refusal of recognition as referred to in Article 25, or for a decision stating that the recognition is to be refused on one of those grounds.
2023/07/20
Committee: JURI
Amendment 368 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) an ordinary appeal against that court decision has been lodged in the Member State of origin; ordeleted
2023/07/20
Committee: JURI
Amendment 369 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.deleted
2023/07/20
Committee: JURI
Amendment 370 #

2022/0402(CNS)

Proposal for a regulation
Article 29 – paragraph 1
1. The court of a Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for a final court decision on parenthood using the form set out in Annex I.
2023/07/20
Committee: JURI
Amendment 377 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point b
(b) where it was given in default of appearance if the persons in default were not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable those persons to arrange for their defence unless it is determined that such persons have accepted the final court decision unequivocally;
2023/07/20
Committee: JURI
Amendment 378 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point c
(c) upon application by any person with a legitimate interest under the procedural law of the Member State in which the proceedings are brought claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;
2023/07/20
Committee: JURI
Amendment 380 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point d
(d) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in the Member State in which recognition is invoked;
2023/07/20
Committee: JURI
Amendment 382 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
(ea) if there is a failure to submit the documents referred to in Article 26, without prejudice to the possibility for the court seised to waive this obligation in accordance with Article 32(7).
2023/07/20
Committee: JURI
Amendment 386 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
2023/07/20
Committee: JURI
Amendment 390 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 3
3. The recognition of a final court decision in matters of parenthood may be refused if it was given without children having been given an opportunity to express their views, unless this is against the interest of the child. Where children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
2023/07/20
Committee: JURI
Amendment 393 #

2022/0402(CNS)

Proposal for a regulation
Article 32 – paragraph 2
2. The recognition of a final court decision in matters of parenthood shall be refused if one of the grounds for refusal of recognition referred to in Article 31 is found to exist.
2023/07/20
Committee: JURI
Amendment 394 #

2022/0402(CNS)

Proposal for a regulation
Article 32 – paragraph 4
4. The applicant shall provide the court with a copy of the final court decision which satisfies the conditions necessary to establish its authenticity and, where applicable and possible, the appropriate attestation issued pursuant to Article 29.
2023/07/20
Committee: JURI
Amendment 397 #

2022/0402(CNS)

Proposal for a regulation
Article 32 – paragraph 6
6. If the court is unable to proceed without a translation or transliteration of the final court decision, it may require the applicant to provide such a translation or transliteration.
2023/07/20
Committee: JURI
Amendment 401 #

2022/0402(CNS)

Proposal for a regulation
Article 33 – paragraph 2
2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and which shall be determined in accordance with the law of the Member State of the court that refused recognition.
2023/07/20
Committee: JURI
Amendment 402 #

2022/0402(CNS)

Proposal for a regulation
Article 34 – paragraph 1
A court decision given on the challenge or appeal may only be contested by a challenge or appeal where the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.:
2023/07/20
Committee: JURI
Amendment 403 #

2022/0402(CNS)

Proposal for a regulation
Article 34 – paragraph 1 – point a (new)
(a) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71.
2023/07/20
Committee: JURI
Amendment 404 #

2022/0402(CNS)

Proposal for a regulation
Article 34 – paragraph 1 – point b (new)
(b) if the courts with which any further challenge or appeal is to be lodged have been established in accordance with the law of the Member State of the court that was seised of the case.
2023/07/20
Committee: JURI
Amendment 406 #

2022/0402(CNS)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
This Section shall apply to authentic instruments establishing parenthood in accordance with national law and that:
2023/07/20
Committee: JURI
Amendment 411 #

2022/0402(CNS)

Proposal for a regulation
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required, unless there are grounds for refusal of recognition as listed in Article 31. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
2023/07/20
Committee: JURI
Amendment 415 #

2022/0402(CNS)

Proposal for a regulation
Article 37 – paragraph 1
1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II.(Does not affect the English version.)
2023/07/20
Committee: JURI
Amendment 430 #

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
2023/07/20
Committee: JURI
Amendment 435 #

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views, unless this is against the interest of the child. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
2023/07/20
Committee: JURI
Amendment 444 #

2022/0402(CNS)

Proposal for a regulation
Article 41 – paragraph 1
Under no circumstances may a final court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed as to their substance.
2023/07/20
Committee: JURI
Amendment 449 #

2022/0402(CNS)

Proposal for a regulation
Article 44
44 This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in thatArticle 44 deleted Member State.
2023/07/20
Committee: JURI
Amendment 451 #

2022/0402(CNS)

Proposal for a regulation
Article 45
Acceptance of authentic instruments 1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented. 2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination. 3. A person wishing to use such an authentic instrument in another Member State may ask the authority that has formally drawn up or registered the authentic instrument in the Member State of origin to fill in the form in Annex III describing the evidentiary effects which the authentic instrument produces in the Member State of origin. 4. The attestation shall contain a statement informing Union citizens and their family members that the attestation does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. 5. Any challenge relating to the authenticity of such an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that Member State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. 6. Any challenge relating to the legal acts or legal relationships recorded in such an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. 7. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in such an authentic instrument, that court shall have jurisdiction over that question.rticle 45 deleted
2023/07/20
Committee: JURI
Amendment 461 #

2022/0402(CNS)

Proposal for a regulation
Article 46
Creation of a European Certificate of 1. This Regulation creates a European Certificate of Parenthood (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 53. 2. The use of the Certificate shall not be mandatory. 3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.Article 46 deleted Parenthood
2023/07/20
Committee: JURI
Amendment 466 #

2022/0402(CNS)

Proposal for a regulation
Article 46 – paragraph 3
3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter, without prejudice to Article 53a.
2023/07/20
Committee: JURI
Amendment 468 #

2022/0402(CNS)

Proposal for a regulation
Article 47
47 The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’sArticle 47 deleted parenthood status.
2023/07/20
Committee: JURI
Amendment 470 #

2022/0402(CNS)

Proposal for a regulation
Article 48
Competence to issue the Certificate 1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted
2023/07/20
Committee: JURI
Amendment 472 #

2022/0402(CNS)

Proposal for a regulation
Article 48 – paragraph 1
1. The Certificate shall be issued inby the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9.
2023/07/20
Committee: JURI
Amendment 474 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 1
1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative.deleted
2023/07/20
Committee: JURI
Amendment 475 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 2
2. For the purposes of submitting an application, the applicant mayshall use the form established in Annex IV.
2023/07/20
Committee: JURI
Amendment 476 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – introductory part
3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2):
2023/07/20
Committee: JURI
Amendment 477 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point a
(a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address;
2023/07/20
Committee: JURI
Amendment 478 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point c
(c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
2023/07/20
Committee: JURI
Amendment 479 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point d
(d) the place and Member State where the parenthood of the child is registered;
2023/07/20
Committee: JURI
Amendment 482 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point f
(f) the contact details of the Member State’s court that established parenthood, or of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State;
2023/07/20
Committee: JURI
Amendment 485 #

2022/0402(CNS)

Proposal for a regulation
Article 50 – paragraph 1
1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidence which it deems necessary.deleted
2023/07/20
Committee: JURI
Amendment 487 #

2022/0402(CNS)

Proposal for a regulation
Article 50 – paragraph 2
2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence.deleted
2023/07/20
Committee: JURI
Amendment 488 #

2022/0402(CNS)

Proposal for a regulation
Article 50 – paragraph 3
3. WThe declaration referred this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath.o in Article 49(3), point (g) shall be drawn up in accordance with the national law and subject to the conditions laid down therein;
2023/07/20
Committee: JURI
Amendment 490 #

2022/0402(CNS)

Proposal for a regulation
Article 51 – paragraph 1
1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V. The issuing authority shall not issue the Certificate in particular if: (a) the elements to be certified are being challenged; or (b) the Certificate would not be in conformity with a court decision covering the same elements.deleted
2023/07/20
Committee: JURI
Amendment 491 #

2022/0402(CNS)

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
The issuing authority of the Member State in which parenthood was established shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.
2023/07/20
Committee: JURI
Amendment 494 #

2022/0402(CNS)

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) if parenthood was established in another Member State.
2023/07/20
Committee: JURI
Amendment 497 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1
The Certificate shall contain the following information, as applicable: (a) the name, address and contact details of the Member State’s issuing authority; (b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (c) the reference number of the file; (d) the date and place of issue; (e) the place and Member State where the parenthood of the child is registered; (f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (g) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (i) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate; (j) the law applicable to the establishment of parenthood and the elements on the basis of which that law has been determined; (k) a statement informing Union citizens and their family members that the Certificate does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means; (l) signature and/or stamp of the issuing authority.deleted
2023/07/20
Committee: JURI
Amendment 498 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1 – point a
(a) the name, address and contact details of the Member State's issuing authority; and the contact details of the court which established parenthood or the competent authority which issued the authentic instrument establishing parenthood with binding legal effect;
2023/07/20
Committee: JURI
Amendment 499 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1 – point b
(b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State;deleted
2023/07/20
Committee: JURI
Amendment 501 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1 – point e
(e) the place and Member State where the parenthood of the child is registered;
2023/07/20
Committee: JURI
Amendment 502 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1 – point f
(f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address;
2023/07/20
Committee: JURI
Amendment 503 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1 – point h
(h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address;
2023/07/20
Committee: JURI
Amendment 505 #

2022/0402(CNS)

1. The Certificate shall produce its effects in all Member States without any special procedure being required.deleted
2023/07/20
Committee: JURI
Amendment 506 #

2022/0402(CNS)

Proposal for a regulation
Article 53 – paragraph 1
1. TWithout prejudice to Article 53a, the Certificate shall produce its effects in all Member States without any special procedure being required.
2023/07/20
Committee: JURI
Amendment 508 #

2022/0402(CNS)

Proposal for a regulation
Article 53 – paragraph 2
2. The Certificate shall be presumed to demonstrate accuratelycourts or competent authorities of the Member State to which the Certificate is submitted shall check ex officio that the Certificate reproduces the elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal under Article 53a. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate.
2023/07/20
Committee: JURI
Amendment 510 #

2022/0402(CNS)

Proposal for a regulation
Article 53 – paragraph 3
3. The Certificate, once the ex officio check has been completed, shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).
2023/07/20
Committee: JURI
Amendment 512 #

2022/0402(CNS)

Proposal for a regulation
Article 53 a (new)
Article 53a Refusal of the Certificate 1. The effects of the Certificate may be refused if recognition of parenthood is manifestly contrary to the public policy of the Member State to which it is presented. 2. The previous paragraph shall be applied by the courts and other competent authorities of the Member State in observance of the fundamental rights and principles laid down in the Charter, in particular Article 3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
2023/07/20
Committee: JURI
Amendment 514 #

2022/0402(CNS)

Proposal for a regulation
Article 54 – paragraph 1
1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative.deleted
2023/07/20
Committee: JURI
Amendment 516 #

2022/0402(CNS)

Proposal for a regulation
Article 55
Rectification, modification or withdrawal 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error. 2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. 3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.Article 55 deleted of the Certificate
2023/07/20
Committee: JURI
Amendment 518 #

2022/0402(CNS)

Proposal for a regulation
Article 55 – paragraph 2
2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
2023/07/20
Committee: JURI
Amendment 524 #

2022/0402(CNS)

Proposal for a regulation
Article 56 – paragraph 1
1. Decisions taken by the issuing authority pursuant to Article 51 may be challenged by the applicant for a Certificate or a legal representative. Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State.deleted
2023/07/20
Committee: JURI
Amendment 525 #

2022/0402(CNS)

Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 2
Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
2023/07/20
Committee: JURI
Amendment 530 #

2022/0402(CNS)

Proposal for a regulation
Article 57 – paragraph 1
1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge.deleted
2023/07/20
Committee: JURI
Amendment 531 #

2022/0402(CNS)

Proposal for a regulation
Article 57 – paragraph 1 – point b a (new)
(ba) the Member State to which the Certificate is submitted in accordance with Article 53a of this Regulation.
2023/07/20
Committee: JURI
Amendment 532 #

2022/0402(CNS)

Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)
A person's legitimate interest shall be established in accordance with the procedural law of the issuing Member State.
2023/07/20
Committee: JURI
Amendment 536 #

2022/0402(CNS)

Proposal for a regulation
Article 58 – paragraph 1 – point a
(a) proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument with binding legal effect on parenthood;
2023/07/20
Committee: JURI
Amendment 538 #

2022/0402(CNS)

Proposal for a regulation
Article 58 – paragraph 1 – point b
(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.deleted
2023/07/20
Committee: JURI
Amendment 540 #

2022/0402(CNS)

Proposal for a regulation
Article 58 – paragraph 1 – point b
(b) the application for, issuance, rectification, modification, withdrawal, refusal, suspension or redress procedures of the European Certificate of Parenthood.
2023/07/20
Committee: JURI
Amendment 542 #

2022/0402(CNS)

Proposal for a regulation
Article 61 – paragraph 1
1. Each Member StateThe Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory of the Member States.
2023/07/20
Committee: JURI
Amendment 543 #

2022/0402(CNS)

Proposal for a regulation
Article 61 – paragraph 3
3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2 under the relevant Union financial programmes.
2023/07/20
Committee: JURI
Amendment 545 #

2022/0402(CNS)

Proposal for a regulation
Article 63
63 The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes. The Commission is empowered to adoptArticle 63 delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes.
2023/07/20
Committee: JURI
Amendment 547 #

2022/0402(CNS)

Proposal for a regulation
Article 64
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 63 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 63 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it to the Council. 6. A delegated act adopted pursuant to Article 63 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. 7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.Article 64 deleted Exercise of the delegation
2023/07/20
Committee: JURI
Amendment 552 #

2022/0402(CNS)

Proposal for a regulation
Article 68 – paragraph 1
1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 45, the issuance of a European Certificate of Parenthood pursuant to Article 51, the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.
2023/07/20
Committee: JURI
Amendment 553 #

2022/0402(CNS)

Proposal for a regulation
Article 68 – paragraph 1
1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 4537, the issuance of a European Certificate of Parenthood pursuant to Article 51, the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.
2023/07/20
Committee: JURI
Amendment 556 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 3
3. Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought. Chapter V shall apply to the authentic instruments referred to in this paragraph.deleted
2023/07/20
Committee: JURI
Amendment 559 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 3 a (new)
3a. Final court decisions and authentic instruments with binding legal effect issued after the date of the entry into force of this Regulation in the State of the court that established parenthood as a result of proceedings before this Regulation applied shall be recognised in accordance with this Regulation, on the condition that the rules applied to jurisdiction are in line with those in Chapter II of this Regulation;
2023/07/20
Committee: JURI
Amendment 563 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point a
(a) the number of applications for the refusal of recognition of a final court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted;
2023/07/20
Committee: JURI
Amendment 566 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point c
(c) the number of applications challenging the contents of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, and the number of cases in which the challenge was successful;deleted
2023/07/20
Committee: JURI
Amendment 569 #

2022/0402(CNS)

Proposal for a regulation
Article 71 – paragraph 1 – point a
(a) the authorities empowered to draw up or register authentic instruments with binding legal effect in matters of parenthood as referred to in Article 4, point (6);
2023/07/20
Committee: JURI
Amendment 570 #

2022/0402(CNS)

Proposal for a regulation
Article 71 – paragraph 1 – point b
(b) the courts and authorities competent to issue attestations as referred to in Article 29, Article 37 and Article 4537, and the courts and authorities competent to rectify attestations as referred to in Article 38;
2023/07/20
Committee: JURI
Amendment 572 #

2022/0402(CNS)

Proposal for a regulation
Article 71 – paragraph 1 – point c
(c) the courts competent to deal with applications for a decision that there are no grounds for refusal of recognition in accordance with Article 25, and the courts competent to deal with applications for refusal of recognition in accordance with Article 32 and with appeals against court decisions on such applications for refusal in accordance with Articles 33 and 34, respectively; and
2023/07/20
Committee: JURI
Amendment 574 #

2022/0402(CNS)

Proposal for a regulation
Article 71 – paragraph 1 – point d
(d) the courts and authorities competent to issue the European Certificate of Parenthood pursuant to Article 51, and the courts competent to deal with the redress procedures referred to in Article 56.deleted
2023/07/20
Committee: JURI
Amendment 576 #

2022/0402(CNS)

Proposal for a regulation
Annex I – title
ATTESTATION CONCERNING A FINAL COURT DECISION IN MATTERS OF PARENTHOOD
2023/07/19
Committee: JURI
Amendment 577 #

2022/0402(CNS)

Proposal for a regulation
Annex I – subtitle
IMPORTANT To be issued, upon application by a party, with regard to a final court decision in matters of parenthood, by the court of the Member State of origin as communicated to the Commission pursuant to Article 71 of the Regulation.
2023/07/19
Committee: JURI
Amendment 578 #
2023/07/19
Committee: JURI
Amendment 579 #

2022/0402(CNS)

Proposal for a regulation
Annex I – point 5.6
5.6. Identity number or social security number (if applicable and available)*: ………………………………….
2023/07/19
Committee: JURI
Amendment 580 #

2022/0402(CNS)

Proposal for a regulation
Annex I – point 6.5
6.5 Identity number or social security number (if applicable and available): *:………………………………….
2023/07/19
Committee: JURI
Amendment 581 #

2022/0402(CNS)

Proposal for a regulation
Annex I – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
2023/07/19
Committee: JURI
Amendment 582 #

2022/0402(CNS)

Proposal for a regulation
Annex I – point 9
9. The decision is subject to further appeal under the law of the Member State of origin* 9.1. □ No 9.2. □ Yesdeleted
2023/07/19
Committee: JURI
Amendment 585 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 2.1
2.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seisednational law)
2023/07/19
Committee: JURI
Amendment 586 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 2.2
2.2. □ Article 6(b) of Regulation (EU) 20XX/X (general jurisdiction - nationality of the child at the time the court is seisdeleted)
2023/07/19
Committee: JURI
Amendment 587 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 2.3
2.3. □ Article 6(c) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of the respondent at the time the court is seised)deleted
2023/07/19
Committee: JURI
Amendment 588 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 2.4
2.4.□ Article 6(d) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of one of the parents at the time the court is seised,)deleted
2023/07/19
Committee: JURI
Amendment 589 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 2.5
2.5. □ Article 6(e) of Regulation (EU) 20XX/X (general jurisdiction - birth of the child)deleted
2023/07/19
Committee: JURI
Amendment 590 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 2.6
2.6. □ Article 7 of Regulation (EU) 20XX/X (presence of the child)deleted
2023/07/19
Committee: JURI
Amendment 591 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 5
5. Authentic instrument with binding legal effect
2023/07/19
Committee: JURI
Amendment 592 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 5.1
5.1. Date (dd/mm/yyyy) on which the authentic instrument was drawn up with binding legal effect*:
2023/07/19
Committee: JURI
Amendment 593 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 5.2
5.2. Reference number of the authentic instrument (if applicable)with binding legal effect*:
2023/07/19
Committee: JURI
Amendment 594 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 5.4
5.4. Date (dd/mm/yyyy) as of which the authentic instrument has binding legal effect in the Member State of origin*:
2023/07/19
Committee: JURI
Amendment 596 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 6
6. Child covered by the authentic instrument with binding legal effect
2023/07/19
Committee: JURI
Amendment 597 #
2023/07/19
Committee: JURI
Amendment 598 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 6.6
6.6. Identity number or social security number (if applicable and available)*: ………………………………….
2023/07/19
Committee: JURI
Amendment 599 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 7.5
7.5. Identity number or social security number (if applicable and available)*: ………………………………….
2023/07/19
Committee: JURI
Amendment 600 #

2022/0402(CNS)

Proposal for a regulation
Annex II – point 8.5
8.5. Identity number or social security number (if applicable and available)*: ………………………………….
2023/07/19
Committee: JURI
Amendment 606 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 3
3. Court or other competent authority which established parenthood with binding legal effect or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 2)
2023/07/19
Committee: JURI
Amendment 607 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 3.2.3
3.2.3. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Swedendeleted
2023/07/19
Committee: JURI
Amendment 608 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 3.4
3.4. Reference number of the case*:
2023/07/19
Committee: JURI
Amendment 609 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 4
4. Details concerning the applican(Does not affect (the childEnglish version.)
2023/07/19
Committee: JURI
Amendment 610 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 4.6
4.6. Identification number*: _________________ 12 Please indicate the most relevant number if applicable.
2023/07/19
Committee: JURI
Amendment 611 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 4.8
4.8. Telephone*:
2023/07/19
Committee: JURI
Amendment 612 #
2023/07/19
Committee: JURI
Amendment 613 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 4.10
4.10. Place of registration of parenthood*:
2023/07/19
Committee: JURI
Amendment 614 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 4.11
4.11. Member State of registration of parenthood* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Swedendeleted
2023/07/19
Committee: JURI
Amendment 615 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 5.5
5.5. Identification number*: _________________ 13 Please indicate the most relevant number if applicable.
2023/07/19
Committee: JURI
Amendment 616 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 6.5
6.5. Identification number*: _________________ 14 Please indicate the most relevant number if applicable.
2023/07/19
Committee: JURI
Amendment 617 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 7
7. Details concerning the representative of the applicant15 (to be completed only if the applicant is represented)
2023/07/19
Committee: JURI
Amendment 618 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 7.3.1
7.3.1. Registration number*:
2023/07/19
Committee: JURI
Amendment 619 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 7.3.3
7.3.3. Date (dd/mm/yyyy) and place of registration*:
2023/07/19
Committee: JURI
Amendment 620 #

2022/0402(CNS)

Proposal for a regulation
Annex IV – point 8
8. Documents annexed to this application form*Court decision establishing parenthood  Authentic instrument establishing parenthood with binding legal effect (for example, decision by an administrative authority, decision by a notary, decision by a registrar or act of registration by a registrar)  Authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (for example, a birth certificate)Final court decision establishing parenthood deleted
2023/07/19
Committee: JURI
Amendment 624 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 2
2. Court or other competent authority which established parenthood with binding legal effect (in a final court decision or an authentic instrument with binding legal effect) or which issued an authentic instrument with no binding legal effect but with evidentiary effects in the Member State of origin (to be completed ONLY if different from section 1)
2023/07/19
Committee: JURI
Amendment 625 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 2.2.3
2.2.3. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Swedendeleted
2023/07/19
Committee: JURI
Amendment 626 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 4
4. Competence of the issuing authority (Article 48 of Council Regulation (EU) 20XX/X) The issuing authority is located in the Member State in which parenthood was established and whose courts have jurisdiction pursuant to:* 4.1. □ Article 6(a) of Regulation (EU) No 20XX/X (general jurisdiction - habitual residence of the child at the time the court is seised) 4.2. □ Article 6(b) of Regulation (EU) 20XX/X (general jurisdiction - nationality of the child at the time the court is seised) 4.3. □ Article 6(c) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of the respondent at the time the court is seised) 4.4. □ Article 6(d) of Regulation (EU) 20XX/X (general jurisdiction - habitual residence of one of the parents at the time the court is seised) 4.5. □ Article 6(e) of Regulation (EU) 20XX/X (general jurisdiction - birth of the child) 4.6. □ Article 7 of Regulation (EU) 20XX/X (presence of the child)national law) deleted deleted deleted deleted deleted 4.7. □ Article 9 of Regulation (EU) 20XX/X (forum necessitatis)
2023/07/19
Committee: JURI
Amendment 627 #
2023/07/19
Committee: JURI
Amendment 628 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 5.5
5.5. Nationality*:
2023/07/19
Committee: JURI
Amendment 629 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 5.6
5.6. Identification number*: _________________ 15 Please indicate the most relevant number.
2023/07/19
Committee: JURI
Amendment 630 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 5.9
5.9. Member State of registration of parenthood*: □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Swedendeleted
2023/07/19
Committee: JURI
Amendment 631 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.5
6.1.5. Identification number * _________________ 16 Please indicate the most relevant number.
2023/07/19
Committee: JURI
Amendment 632 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.7.1
6.1.7.1. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Sweden □ Other (please specify ISO- code):…..…………………………..………… ………………………deleted
2023/07/19
Committee: JURI
Amendment 633 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.7.2
6.1.7.2. Connecting factor used to determine the applicable law*deleted
2023/07/19
Committee: JURI
Amendment 634 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.7.2.1
6.1.7.2.1. □ Article 17(1) of Regulation (EU) No 20XX/X (law of the State of the habitual residence of the person giving birth at the time of birth)deleted
2023/07/19
Committee: JURI
Amendment 635 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.7.2.2
6.1.7.2.2. □ Article 17(1) of Regulation (EU) No 20XX/X (law of the State of birth of the child)deleted
2023/07/19
Committee: JURI
Amendment 636 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.7.2.3
6.1.7.2.3. □ Article 17(2) of Regulation (EU) No 20XX/X (law of the State of the nationality of any one of the Parents)deleted
2023/07/19
Committee: JURI
Amendment 637 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.1.7.2.4
6.1.7.2.4. □ Article 17(2) of Regulation (EU) No 20XX/X (law of the State of birth of the child)deleted
2023/07/19
Committee: JURI
Amendment 638 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.5
6.2.5. Identification number* _________________ 16 Please indicate the most relevant number.
2023/07/19
Committee: JURI
Amendment 639 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.7.1
6.2.7.1. Country* □ Belgium □ Bulgaria □ Czech Republic □ Germany □ Estonia □ Ireland □ Greece □ Spain □ France □ Croatia □ Italy □ Cyprus □ Latvia □ Lithuania □ Luxembourg □ Hungary □ Malta □ Netherlands □ Austria □ Poland □ Portugal □ Romania □ Slovenia □ Slovakia □ Finland □ Sweden Other (please specify ISO-code):deleted
2023/07/19
Committee: JURI
Amendment 640 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.7.2
6.2.7.2. Connecting factor used to determine the applicable law*deleted
2023/07/19
Committee: JURI
Amendment 641 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.7.2.1
6.2.7.2.1. □ Article 17(1) of Regulation (EU) No 20XX/X (law of the State of the habitual residence of the person giving birth at the time of birth)deleted
2023/07/19
Committee: JURI
Amendment 642 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.7.2.2
6.2.7.2.2. □ Article 17(1) of Regulation (EU) No 20XX/X (law of the State of birth of the child)deleted
2023/07/19
Committee: JURI
Amendment 643 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.7.2.3
6.2.7.2.3. □ Article 17(2) of Regulation (EU) No 20XX/X (law of the State of the nationality of any one of the Parents)deleted
2023/07/19
Committee: JURI
Amendment 644 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 6.2.7.2.4
6.2.7.2.4. □ Article 17(2) of Regulation (EU) No 20XX/X (law of the State of birth of the child)deleted
2023/07/19
Committee: JURI
Amendment 645 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 7.2.4
7.2.4. Identification number* _________________ 19 Please indicate the most relevant number.
2023/07/19
Committee: JURI
Amendment 646 #

2022/0402(CNS)

Proposal for a regulation
Annex V – point 7.3.4
7.3.4. Surname(s) and given name(s) of person authorised to sign for the organisation:*
2023/07/19
Committee: JURI
Amendment 17 #

2022/0118(COD)

Proposal for a regulation
Recital 2
(2) Therefore, it should be possible for the European Maritime and Fisheries Fund (EMFF) established by Regulation (EU) No 508/2014 of the European Parliament and of the Council3 to support specific measures to mitigate the effects of the market disruption caused by the military aggression of Russia against Ukraine on the supply chain of fishery and aquaculture products. Those measures should comprise financial compensation to recognised producer organisations and associations of producer organisations which store fishery or aquaculture in accordance with Articles 30 and 31 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council4 , and financial compensation to operators of the fishery and aquaculture sector, including the processing sector and the whole supply chain, for their income forgone, and for additional costs they incurred due to the market disruption caused by the military aggression of Russia against Ukraine and its effects on the supply chain of fishery and aquaculture products. Expenditure for operations supported under those measures shouldwill be eligible as of 24 February 2022, which is the date of the start of the military aggression of Russia against Ukraine. _________________ 3 Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149 20.5.2014, p. 1). 4 Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354 28.12.2013, p. 1).
2022/06/16
Committee: PECH
Amendment 19 #

2022/0118(COD)

Proposal for a regulation
Recital 3
(3) It should also be possible for the EMFF to support financial compensation for the temporary cessation of fishing activities where the military aggression of Russia against Ukraine jeopardises the security of fishing activities and in the event that the consequences have an economic impact that does not allow the normal performance of fisheries activities for the operators and the entire supply chain. Such temporary cessation should occur as of 24 February 2022, which is the date of the start of the military aggression of Russia against Ukraine.
2022/06/16
Committee: PECH
Amendment 24 #

2022/0118(COD)

Proposal for a regulation
Recital 4
(4) Given the significant socio- economic consequences of the market disruption caused by the military aggression of Russia against Ukraine on the supply chain of fishery and aquaculture products, it should be possible to support the temporary cessation of fishing activities caused by the military aggression of Russia against Ukraine with a maximum co- financing rate of 75100 % of eligible public expenditure.
2022/06/16
Committee: PECH
Amendment 30 #

2022/0118(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 508/2014
Article 33 – paragraph 1 – point (d)
(d) where the temporary cessation of fishing activities occurs between 1 February and 31 December 2020 as a consequence of the COVID-19 outbreak, including for vessels operating under a Sustainable fisheries partnership agreement, or occurs as of 24 February 2022 as a consequence of the military aggression of Russia against Ukraine that jeopardises the security of fishing activities and in the event that the consequences have an economic impact that does not allow the normal performance of fisheries activities for the operators and the entire supply chain.
2022/06/16
Committee: PECH
Amendment 32 #

2022/0118(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 508/2014
Article 33 – paragraph 1 – subparagraph 2
In accordance with the second subparagraph of Article 65(9) of Regulation (EU) No 1303/2013 and by way of derogation from the first subparagraph thereof, expenditure for operations supported under point (d) of the first subparagraph of this paragraph shall be eligible as of 1 February 2020 if they are the consequence of the COVID-19 outbreak, or as of 24 February 2022 if they are the consequence of the military aggression of Russia against Ukraine that jeopardises the security of fishing activities and in the event that the consequences have an economic impact that does not allow the normal performance of fisheries activities for the operators and the entire supply chain.
2022/06/16
Committee: PECH
Amendment 34 #

2022/0118(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 508/2014
Article 44 – paragraph 4a
4a. The EMFF may support measures for temporary cessation of fishing activities caused by the COVID-19 outbreak or by the military aggression of Russia against Ukraine that jeopardises the security of fishing activities and in the event that the consequences have an economic impact that does not allow the normal performance of fisheries activities for the operators and the entire supply chain, as provided for in point (d) of Article 33(1), under the conditions laid down in Article 33.
2022/06/16
Committee: PECH
Amendment 159 #

2022/0115(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) The competent authorities should take steps to ensure that a sign, symbol or other aspect of the labelling or method of presentation of a product that has a phonetic or visual similarity to a registered GI is not used illegally for commercial purposes to mislead consumers.
2022/11/11
Committee: JURI
Amendment 162 #

2022/0115(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Because micro, small and medium-sized enterprises have limited resources to deal with administrative tasks, the competent authorities should provide all necessary support tools, including financial support, to assist micro, small and medium-sized enterprises during the registration procedure.
2022/11/11
Committee: JURI
Amendment 217 #

2022/0115(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. This Regulation applies to craft and industrinon- agricultural products listed under the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8724, excluding agricultural products and foodstuffs as protected by Regulations (EU) No 2019/787, No 1308/2013 and No 1151/2012 of the European Parliament and of the Council . _________________ 24 Council Regulation (EEC) N0 2685/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff Regulation (OJ L 256, 7.9.1987 p.1)
2022/11/11
Committee: JURI
Amendment 220 #

2022/0115(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. This Regulation does not apply to spirit drinks as referred in Regulation (EU) 2019/787 of the European Parliament and of the Council25, wines as defined in Regulation (EU) No 1308/2013 of the European Parliament and of the Council26, nor to agricultural products and foodstuffs as protected by Regulation (EU) No 1151/2012 of the European Parliament and of the Council27. _________________ 25 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 26 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671). 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).deleted
2022/11/11
Committee: JURI
Amendment 223 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craft products’ means products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished productor digitised, or where the design activity makes use of design tools, including digital tools, under the direct supervision of the company owner (from design to manufacture);
2022/11/11
Committee: JURI
Amendment 224 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point a
(a) ‘craftnon-agricultural products’ means all products produced either totally by hand or with the aid of manual tools or by mechanical means, whenever the direct manual contribution is the most important component of the finished productother than those listed in Annex I to the Treaty on the Functioning of the European Union and those listed in Annex I to Regulation (EU) No 1151/2012 of the European Parliament and of the Council and, in general, any product intended for human consumption;
2022/11/11
Committee: JURI
Amendment 229 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) ‘industrial products’ means products produced in a standardised way, typically on mass scale and through the use of machines;deleted
2022/11/11
Committee: JURI
Amendment 232 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors, manufacturers, processors or any other operator working with the same product;
2022/11/11
Committee: JURI
Amendment 238 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, processing or preparation, as laid down in the product specification for the GI product, up to the point, where the product is in a form to be placed on the internal market;
2022/11/11
Committee: JURI
Amendment 242 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and ‘tradition’, when associated with a product originating in a geographical area, means proven historical usage by producers in a community, with which a particular cultural community is identified. Historical usage means usage for a period that allows transmission between generations;
2022/11/11
Committee: JURI
Amendment 246 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point g
(g) ‘producer’ means an operator engaged in anyone or more production steps of a product the name of which is protected as a geographical indication, including processing or preparation activities, covered by the product specification;
2022/11/11
Committee: JURI
Amendment 253 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point i
(i) ‘product certification body’ means a legal person whichbody accredited by a national government authority to certifiesy that products designated by geographical indications comply with the product specification, whether in performance of a delegated official control task or any other mandate;
2022/11/11
Committee: JURI
Amendment 256 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point j
(j) ‘self-declaration’ means a document with content established in a specific form (determined in advance and uniform) in which a producer, or an authorised representative, indicates on his or her sole responsibility that the product is compliant with the corresponding product specification and that all necessary controls and checks for the proper determination of conformity have been carried out in order to demonstrate the lawful use of the geographical indication to the competent authorities of Member States. ;
2022/11/11
Committee: JURI
Amendment 259 #

2022/0115(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
(ka) new point l: ‘technical expert’ means a person who provides specific detailed knowledge and expertise for the performance of the activities of the Office’s Geographical Indications Division, as described in Section 2 of this Regulation.
2022/11/11
Committee: JURI
Amendment 266 #

2022/0115(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) at least one of the productionqualifying steps of the product takes place in the defined geographical area. As laid down in the specification, a qualifying step means a step in which the product is given the specific features establishing the link between a given quality, reputation or other characteristic of the product and the geographical origin referred to in Article 5(b);
2022/11/11
Committee: JURI
Amendment 276 #

2022/0115(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that the administrative burdens associated with the procedures for registering Geographical Indications are kept to a minimum in order to facilitate the registration of the products referred to in Article 2(1);
2022/11/11
Committee: JURI
Amendment 302 #

2022/0115(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point i – point i (new)
(i) the name and contact details of the competent authority or product certification body verifying compliance with the provisions of the product specification;
2022/11/11
Committee: JURI
Amendment 309 #

2022/0115(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a – point i – point a (new)
(a) the type of product (craft or industrial);
2022/11/11
Committee: JURI
Amendment 330 #

2022/0115(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall be reasonable,avoid placing an excessive burden on businesses in order to foster the competitiveness of the producers of the geographical indications and shall take into account the situation ofs much as possible and shall consider the specific factors affecting micro, small and medium- sized enterprises.
2022/11/11
Committee: JURI
Amendment 496 #

2022/0115(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a geographical indication by producers in conformity with Article 43 to indicate that a manufactured product contains, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indicationdoes not undermine the protection provided under Article 35.
2022/11/11
Committee: JURI
Amendment 498 #

2022/0115(COD)

Proposal for a regulation
Article 37
Generic terms 1. Generic terms shall not be registered as a geographical indication. 2. To establish whether or not a term has become generic, account shall be taken of all relevant factors, in particular: (a) the existing situation in areas of consumption; (b) the relevant Union or national legal acts.Article 37 deleted
2022/11/11
Committee: JURI
Amendment 503 #

2022/0115(COD)

Proposal for a regulation
Article 39
39 A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product. A name shall not be registered as a geographical indication where, in the light of a trade mark’s reputation and renown, registration of the name proposed as a geographical indication could mislead the consumer as to the true identity of the product.Article 39 deleted
2022/11/11
Committee: JURI
Amendment 519 #

2022/0115(COD)

Proposal for a regulation
Article 42 – paragraph 4
4. Without prejudice to paragraph 2 of this Article, a trade mark the use of which contravenes Article 35, which has been applied for, registered, or established by use in good faith within the territory of the Union, if that possibility is provided for by the legislation concerned, before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and renewed notwithstanding the registration of a geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/243632of the European Parliament and of the Council or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and that of the relevant trade mark shall be permitted. _________________ 32 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).deleted
2022/11/11
Committee: JURI
Amendment 543 #

2022/0115(COD)

Proposal for a regulation
Article 45 – paragraph 1 – point b
(b) monitoring of the use of geographical indications in the marketplace, with a view, in particular, to combating unfair commercial practices, including electronic commerce.
2022/11/11
Committee: JURI
Amendment 548 #

2022/0115(COD)

Proposal for a regulation
Article 46 – paragraph 6
6. The costs of verification of compliance with the product specification may be borne by the producers, which are subject to those controls. Member States may also contribute to those costs. Any charges by a Member State shall be reasonable, encourage competitiveness on the part of producers using the geographical indications and factor in the situation of micro, small and medium- sized enterprises.
2022/11/11
Committee: JURI
Amendment 556 #

2022/0115(COD)

Proposal for a regulation
Article 48 – paragraph 5
5. Member States may collect fees or charges to cover the costs of official controls in the marketplace. Any fee or commission charged by a Member State shall be reasonable, encourage competitiveness on the part of producers using geographical indications and factor in the situation of micro, small and medium-sized enterprises.
2022/11/11
Committee: JURI
Amendment 558 #

2022/0115(COD)

Proposal for a regulation
Article 48 – paragraph 5 – subparagraph 1 (new)
As provided for in Article 47(c), the applicant producer groups referred to in Article 6 may issue notifications to the authorities designated pursuant to paragraph 1, enabling them to carry out the checks referred to in this title. In this case, at the request of the groups, the authorities are required to indicate the stage reached by the procedure initiated by the notification in question.
2022/11/11
Committee: JURI
Amendment 45 #

2022/0089(COD)

Proposal for a regulation
Recital 11
(11) The Union has for some time been aiming at simplifying the regulatory framework of the Common Agricultural Policy. This approach should also apply to regulations in the field of geographical indications, without calling into question the specific characteristics of each sector. In order to simplify the lengthy registration and amendment procedures, harmonised procedural rules for geographical indications for wine, spirit drinks and agricultural products should be laid down in a single legal instrument, while maintaining product specific provisions for wine in Regulation (EU) No 1308/2013, for spirit drinks in Regulation (EU) 2019/787 and for agricultural products in this Regulation. This harmonisation should be accompanied by adequate support for small producers and associations of small producers in the form of various instruments, such as the organisation by national authorities and the European Commission of tailor-made training courses on the new rules to be introduced. The procedures for the registration, amendments to the product specification and cancellation of the registration in respect of geographical indications originating in the Union, including opposition procedures, should be carried out by the Member States and the Commission. The Member States and the Commission should be responsible for distinct stages of each procedure. Member States should be responsible for the first stage of the procedure, which consists of receiving the application from the producer group, assessing it, including running a national opposition procedure, and, following the results of the assessment, submitting the application to the Commission. The Commission should be responsible for scrutinising the application in the second stage of the procedure, including running a worldwide opposition procedure, and taking a decision on granting the protection to the geographical indication or not. Geographical indications should be registered only at Union level. However, with effect from the date of application with the Commission for registration at Union level, Member States should be able to grant transitional protection at national level without affecting the internal market or international trade. The protection afforded by this Regulation upon registration should be equally available to geographical indications of third countries that meet the corresponding criteria and that are protected in their country of origin. The Commission should carry out the corresponding procedures for geographical indications originating in third countries.
2022/11/28
Committee: JURI
Amendment 70 #

2022/0089(COD)

Proposal for a regulation
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO). While a partial outsourcing to EUIPO has been considered, the Commission wouldshall remain responsible for registration, amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
2022/11/28
Committee: JURI
Amendment 87 #

2022/0089(COD)

Proposal for a regulation
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreements; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making35 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 34 https://www.wipo.int/publications/en/detail s.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
2022/11/28
Committee: JURI
Amendment 128 #

2022/0089(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. A Union application for the registration of a geographical indication shall be submitted to the Commission electronically, through a digital system. The digital system shall have the capacity to allow the submission of applications to national authorities of a Member State, and to be used by the Member State in its national procedure. No fee shall be charged for the procedure under this Regulation.
2022/11/28
Committee: JURI
Amendment 149 #

2022/0089(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks set out in this Article.
2022/11/28
Committee: JURI
Amendment 185 #

2022/0089(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
2022/11/28
Committee: JURI
Amendment 262 #

2022/0089(COD)

Proposal for a regulation
Article 25 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO with the publication of standard amendments referred to in paragraph (9).
2022/11/28
Committee: JURI
Amendment 285 #

2022/0089(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules entrusting EUIPO with the tasks set out in paragraph (5).
2022/11/28
Committee: JURI
Amendment 300 #

2022/0089(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. For the purposes of paragraph (1), point (b), the evocation of a geographical indication shall arise, in particular, where a term, sign, or other labelling or packaging device presents a direct and clear linklink is present with the product covered by the registered geographical indication in the mind of the reasonably circumspect consumer, thereby exploiting, weakening, diluting or being detrimental to the reputation of the registered name.
2022/11/28
Committee: JURI
Amendment 327 #

2022/0089(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States may provide that public officials, and other stakeholders such as consumer groups, retailers and suppliers, also participate in the works of the producer group. Member States may also establish credit or tax measures in favour of producers to set up the producer group proposing the registration of a geographical indication and to finance the costs of the registration procedure, as well as the costs of litigation necessary to protect the use of the geographical indications against any misuse, imitation, evocation or any other practice liable to mislead the consumer.
2022/11/28
Committee: JURI
Amendment 336 #

2022/0089(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. Upon a request of a producer groups fulfilling the conditions of paragraph 3, Member Stat, Member States or, in accordance with an international agreement to which the Union is a contracting party, third countries shall designate, in accordance with their national law, one producer group as recognised producer group for eacha specific geographical indication or for two or more geographical indications originating in their territory that isare registered or isare subject to an application for registration or for product names that are a potential subject for application for registration.
2022/11/28
Committee: JURI
Amendment 347 #

2022/0089(COD)

1. Country-code top-levelThe domain name registries established in the Union may, upon the request of a natural or legal person having a legitimate interest or rightsshall, ex officio, revoke or transfer a domain name registered under such country-code top-level domain to the recognised producer group of the products with the geographical indication concerned, following an appropriate alternative dispute resolution procedure or judicial procedure, if such domain name has been registered by its holder without rights or legitimate interest in the geographical indication or if it has been registered or is being used in bad faith and its use contravenes Article 27.
2022/11/28
Committee: JURI
Amendment 355 #

2022/0089(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance withArticle84 supplementing this Regulation by provisions entrusting EUIPO to establish andto establish the mechanism to manage a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. That delegated act shall also include the obligation for registries of country-code top-level domain names, established in the Union, to provide EUIPOthe Commission with the relevant information and data.
2022/11/28
Committee: JURI
Amendment 358 #

2022/0089(COD)

Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 (new)
Any registration in the name of a person other than the producer group of a trade mark incorporating, imitating or evoking the name protected by a geographical indication shall be rejected
2022/11/28
Committee: JURI
Amendment 372 #

2022/0089(COD)

Proposal for a regulation
Article 38 – paragraph 2 – point b
(b) monitoring of the use of geographical indications in the marketplace, also online.
2022/11/28
Committee: JURI
Amendment 386 #

2022/0089(COD)

Proposal for a regulation
Article 43 – paragraph 3 a (new)
3 a. Member States shall not adopt national rules, including of a technical nature, on the use of names for products or services that are produced, operated or marketed in their territory, which do not comply with Articles 27 and 28 of this Regulation and with Articles 7 and 17 of Regulation (EU) No1169/2011, and which do not comply with the principle of harmonisation in the Union food law system.
2022/11/28
Committee: JURI
Amendment 396 #

2022/0089(COD)

Proposal for a regulation
Article 46 a (new)
Article 46 a Assistance and advice in relation to free trade agreements between the EU and third countries 1. At the request of a recognised producer group under Article 33, the EUIPO shall provide it with legal assistance and advice in order to support it in its actions for the safeguard of appellations of origin and geographical indications protected under this Regulation in third countries, with which the EU has concluded free trade agreements providing for the protection of appellations of origin and geographical indications. 2. For the submission of the application to the EUIPO and for the legal assistance and advice referred to in paragraph 1, no costs shall be incurred by the applicant recognised producer groups. 3. The EUIPO shall also provide for legal and advisory services during negotiations for the conclusion of free trade agreements between the EU and third countries within the meaning of Article 218 TFEU, which concern the protection of appellations of origin and geographical indications. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks referred to in paragraphs 1 and 3.
2022/11/28
Committee: JURI
Amendment 430 #

2022/0089(COD)

Proposal for a regulation
Article 81 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1308/2013
Article 113
(3 a) In Article 113, the following paragraph is inserted: ‘ 1. A traditional term shall be comprised in the product specification of the product marketed under a designation of origin or a geographical indication.’. Or. en ((02013R1308-20211207))
2022/11/28
Committee: JURI
Amendment 431 #

2022/0089(COD)

Proposal for a regulation
Article 81 – paragraph 1 – point 3 b (new)
(3 b) The following Article is inserted: ‘Article 113a Relationship with designations of origin and geographical indications 1.The registration of a traditional term the use of which would contravene Article 27 of Regulation .../... (the new GI Regulation) shall be rejected if the application for registration of the traditional term is submitted after the date of submission to the Commission of the application for the registration of the designation of origin or of the geographical indication. 2. Traditional terms registered in breach of paragraph 1 shall be invalidated by the Commission and, where applicable, the competent national authorities.’;
2022/11/28
Committee: JURI
Amendment 325 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect businessdirect relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
2022/12/06
Committee: JURI
Amendment 378 #

2022/0051(COD)

Proposal for a directive
Recital 29 a (new)
(29a) Where the company is not in a position to identify, prevent and mitigate as well as bring to an end or minimise all adverse impacts to full extent, it should be allowed to prioritise them based on their severity and likelihood to occur, as well as with the company’s ability to address them effectively, and the company’s direct contribution to the cause of the adverse impact.
2022/12/06
Committee: JURI
Amendment 434 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen. The assessment should not create excessive financial burdens for SMEs, for which a system of checks based on self-declarations or pre-set forms could be foreseen.
2022/12/06
Committee: JURI
Amendment 544 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwide turnover of more than EUR 150 million in the Union in the last financial year for which annual financial statements have been prepared;
2022/12/07
Committee: JURI
Amendment 554 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the Union in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
2022/12/07
Committee: JURI
Amendment 622 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
2022/12/07
Committee: JURI
Amendment 634 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. In case of a group of companies: (a) the parent company, whether or not it meets the thresholds mentioned in paragraphs 1 or 2, may perform the obligations laid down in Article 4 as well as in Article 15 and 16 on behalf of any or all its subsidiaries which meet the said thresholds; (b) any subsidiary shall be deemed in compliance with the obligations laid down in Article 4 where their parent company includes those subsidiaries in its due diligence corporate policy.
2022/12/07
Committee: JURI
Amendment 714 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘establisheddirect business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;
2022/12/07
Committee: JURI
Amendment 768 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be individually and directly affected by the products, services and operations of that company, its subsidiaries and its business relationships;
2022/12/07
Committee: JURI
Amendment 769 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other relevant individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships;
2022/12/07
Committee: JURI
Amendment 827 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that companies which are subject to temporary emergency obligations under Article 122 of TFEU can benefit from a targeted and proportionate derogation from the obligations mentioned in paragraph 1. The derogation shall end when the emergency measures are repealed.
2022/12/07
Committee: JURI
Amendment 847 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships;
2022/12/07
Committee: JURI
Amendment 882 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential severe adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/12/07
Committee: JURI
Amendment 913 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders, identified as relevant by the company, to gather information on actual or potential adverse impacts.
2022/12/07
Committee: JURI
Amendment 946 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply in order to avoid the harmful fallout described in Article 3(b) and (c);
2022/12/07
Committee: JURI
Amendment 986 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third-party verification. The company may use a verification system based on self- declarations or standard forms.
2022/12/07
Committee: JURI
Amendment 1009 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 a (new)
5a. Member States shall ensure that, where a company is not in a position to prevent all identified potential adverse human rights or potential environmental impacts, the company shall pursue a prioritisation strategy based on the level of severity and likelihood of an adverse impact, the company’s ability to address the adverse impact, and the company’s direct contribution to the cause of the adverse impact.
2022/12/07
Committee: JURI
Amendment 1218 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 124 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/12/08
Committee: JURI
Amendment 1267 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States, organisations representing SMEs’ interests, employers’ organisations and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts.
2022/12/08
Committee: JURI
Amendment 1612 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point d a (new)
da. (e) assess the impact of the Directive on SMEs; (f) assess the availability of support instruments; (g) adopt guidelines; (h) modify model contractual clauses (i) approve other flanking measures.
2022/12/08
Committee: JURI
Amendment 64 #

2021/2166(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Calls on the Commission and the Council to respect the Treaties and the division of competences between the EU and the Member States;
2022/03/09
Committee: JURI
Amendment 102 #

2021/2166(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Notes that currently see many legislative initiatives being prepared by the Commission imposing new burdens on entrepreneurs, propose that each new legislative initiative that burdens businesses should remove at least two other;
2022/03/09
Committee: JURI
Amendment 154 #

2021/2166(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Stresses the importance of easy access for citizens to the sources of law, which is currently difficult in relation to EU law, because and the need to create a single transparent website where the entire legislative process and additional documents of all EU institutions can be followed;
2022/03/09
Committee: JURI
Amendment 95 #

2021/2056(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas artisanal fishing is the expression of age-old traditions that ensure the socio-economic well-being and survival of coastal communities;
2021/12/21
Committee: PECH
Amendment 252 #

2021/2056(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses that it is necessary and important to step up the involvement of representatives of small-scale fishing in decision-making processes;
2021/12/21
Committee: PECH
Amendment 14 #

2021/2025(INI)

Draft opinion
Paragraph 2
2. WelcomNotes the Commission’s 2020 Rule of Law Report (the Report) and the importance that it places on the justice system;
2021/04/20
Committee: JURI
Amendment 34 #

2021/2025(INI)

Draft opinion
Paragraph 4
4. Is deeply preoccupied by the fact that judicial independence continues to be a subject of serious concern in some Member States; expresses its regret that Hungary and Poland lodged an action for annulment of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget in March 2021, which aims to address breaches of the rule of law with an impact on the Union’s financial interestStresses that judicial independence is a cornerstone of the rule of law and Member States should focus all necessary efforts on ensuring that these principles are upheld; reiterates that without undermining the competence and status of Member States, continued mutual trust and efficient legislation is best fostered at national level through good and close cooperation, as well as the exchange of best practices;
2021/04/20
Committee: JURI
Amendment 46 #

2021/2025(INI)

Draft opinion
Paragraph 5
5. Considers that the periodic review of the rule of law is of great significance and commends the effortmay result useful and the following recommendations of the Commission tocould encourage structural reforms in the areas covered by the Report; believes, however, that while it is an essential monitoring tool, clear criteria should be developed in order to avoid recommendations on the challenges identified and the required follow-up action is indispensableto be used for political purposes; urges the Commission to make robustthe necessary use of infringement procedures only where appropriate and where there is clear evidence of violations, to prevent backsliding on the rule of law in national justice systems and urges the Council to resume all pending procedures under Article 7(1) of the TFEU and to inform the Parliament thereof;
2021/04/20
Committee: JURI
Amendment 50 #

2021/2025(INI)

Draft opinion
Paragraph 6
6. Notes with satisfaction that the Report contains separate national chapters attempting to lay down a common methodology; calls on the Commission, however, to provide a meaningful comparison between the different national justice systems, to underline where best practices for comparable systems might be applied and how similar deficiencies could be addressed; recalls however the different regional and geopolitical contexts affecting Member States and that a “one size fits all” approach should be avoided;
2021/04/20
Committee: JURI
Amendment 87 #

2021/2007(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to continue monitoring the conduct of foreign companies in international standardisation bodies which, together with recent decisions by foreign courts, places European companies at a significant disadvantage by undermining the competitiveness of the European market.
2021/06/24
Committee: JURI
Amendment 134 #

2021/2007(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on the Commission to push for greater control and cooperation between cross-border customs agencies in the fight against the import of counterfeit products from non-EU countries that threaten the survival of EU companies and which can pose real risks to public health.
2021/06/24
Committee: JURI
Amendment 157 #

2021/2007(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Highlights the new type of anti- suit injunction (ASI) with extra-territorial effect that has been issued by some third countries, which aims to deprive the foreign counterpart of its right to initiate legal proceedings against an entity of a third country, including in any EU country, as highlighted by the Commission in DG Trade’s report on the protection and enforcement of intellectual property rights in third countries.
2021/06/24
Committee: JURI
Amendment 123 #

2021/0104(COD)

(32) Undertakings under the scope of Articles 19a(1) and 29a(1) of Directive 2013/34/EU may rely on national, Union- based or international reporting frameworks, and where they do so, they have to specify which frameworks they relied upon. However, Directive 2013/34/EU does not require undertakings to use a common reporting framework or standard, and it does not prevent undertakings from choosing not to use any reporting framework or standards at all. As required by Article 2 of Directive 2014/95/EU, the Commission published in 2017 non-binding guidelines for undertakings under the scope of that Directive52. In 2019, the Commission published additional guidelines, specifically on reporting climate-related information53. The climate reporting guidelines explicitly incorporated the recommendations of the Task Force on Climate-related Financial Disclosures. Available evidence indicates that those non-binding guidelines did not have a significant impact on the quality of non- financial reporting by undertakings under the scope of Articles 19a and 29a of Directive 2013/34/EU. The voluntary nature of the guidelines means that undertakings are free to apply them or not. The guidelines can therefore not ensure on their own the comparability of information disclosed by different undertakings or the disclosure of all information that users consider relevant. That is why there is a need for mandatory common reporting standards to ensure that information is comparable and that all relevant information is disclosed. Building on the double-materiality principle, standards should cover all information that is material to users. Common reporting standards are also necessary to enable the audit and digitalisation of sustainability reporting and to facilitate its supervision and enforcement. The development of mandatory common sustainability reporting standards is necessary to progress to a situation in which sustainability information has a status comparable to that of financial information. When defining such standards, it is essential to give due consideration to the main sustainability reporting standards used worldwide today, which represent an established market practice. _________________ 52 Communication from the Commission Guidelines on non-financial reporting (methodology for reporting non-financial information) (C/2017/4234). 53 Communication from the Commission Guidelines on non-financial reporting: Supplement on reporting climate-related information (C/2019/4490).
2021/12/15
Committee: JURI
Amendment 175 #

2021/0104(COD)

Proposal for a directive
Recital 50
(50) Article 19a(4) of Directive 2013/34/EU enables Member States to exempt undertakings from including in the management report the non-financial statement required under Article 19a(1). Member States may do so where the undertaking concerned prepares a separate report that is published together with the management report in accordance with Article 30 of that Directive, or where that report is made publicly available on the undertaking's website within a reasonable period of time not exceeding 6 months, after the balance sheet date, and is referred to in the management report. The same possibility exists for the consolidated non- financial statement referred to in Article 29(a)(4) of Directive 2013/34/EU. Twenty Member States have used that option. The possibility to publish a separate report hinders, however, the availability of information that connects financial and information on sustainability matters. It also hinders the findability and accessibility of information for users, especially investors, who are interested in both financial and sustainability information. Possible different publication times fUndertakings should be allowed to decide whether to report sustainability information in the management report or financial and sustainability information exacerbate this problem. Publication in a separate report can also give the impression, internally and externally, that sustainability information belongs to a category of less relevant information, which can impact negatively a separate non-financial report, provided that this is submitted within six mon the perceived reliability of the information. Undertakings should therefore report sustainability information in the management report ands of the balance sheet date. Member States should no longer be allowed to exempt undertakings from the obligation to include in the management reportprovide information on sustainability matters. Such obligation also helps to clarify the role of national competent authorities in supervising sustainability reporting, as part of the management report, in accordance with Directive 2004/109/EC. In addition, undertakings required to report sustainability information should in no case be exempted from the obligation to publish the management report as it is important to ensure that sustainability information is publically available.
2021/12/15
Committee: JURI
Amendment 179 #

2021/0104(COD)

Proposal for a directive
Recital 53
(53) The assurance profession distinguishes between limited and reasonable assurance engagements. The conclusion of a limited assurance engagement is usually provided in a negative form of expression by stating that no matter has been identified by the practitioner to conclude that the subject matter is materially misstated. The auditor performs fewer tests than in a reasonable assurance engagement. The amount of work for a limited assurance engagement is therefore less than for reasonable assurance. The work effort in a reasonable assurance engagement entails extensive procedures including consideration of internal controls of the reporting undertaking and substantive testing, and is therefore significantly higher than in a limited assurance engagement. The conclusion of this type of engagement is usually provided in a positive form of expression and states an opinion on the measurement of the subject matter against previously defined criteria. Article 19a(5) and Article 29a(5) of Directive 2013/34/EU require Member States to ensure that the statutory auditor or audit firm checks whether the non-financial statement or the separate report has been provided. It does not require that an independent provider of assurance services verifies the information, although it allows Member States to require such verification where they wish to. The absence of an assurance requirement on sustainability reporting, in contrast to the requirement for the statutory auditor to perform a reasonable assurance engagement on financial statements, would threaten the credibility of the sustainability information disclosed, thus failing to meet the needs of the intended users of that information. Although the objective is to have a similar level of assurance for financial and sustainability reporting, the absence of a commonly agreed standard for the assurance of sustainability reporting creates the risk of differentFurthermore, reasonable assurance would involve increased costs for reporting undertakings. Currently, limited assurance of sustainability can be regarded as the only way forward that does not involve excessive additional costs for understandkings and expectations of what a reasonable assurance engagement would consist of for different categories of sustainability information, especially with regard to forward looking and qualitative disclosures. Therefore, a progressive approach to enhance the level of the assurance required for sustainability information should be considered, starting with an obligation on the statutory auditor or audit firm to express an opinion about the compliance of th, in particular for small and medium-sized businesses. We hope that in the future market conditions will allow more extensive sustainability reporting with Union requirements based on a limited assurance engagement. This opinion should cover the compliance of the sustainability reporting with Union sustainability reporting standards, the process carried out by the undertaking to identify the information reported pursuant to the sustainability reporting standards and compliance with the requirement to mark-up sustainability reporting. The auditor should also assess whether the undertaking’s reporting complies with the reporting requirements of Article 8 of Regulation (EU) 2020/852. To guarantee a common understanding and expectations of what a reasonable assurance engagement would consist of, the statutory auditor or audit firm should be required to express an opinion based on a reasonable assurance engagement about the compliance of the sustainability reporting with Union requirements, should the Commission adopt assurance standards for reasonable assurance of sustainability reporting. This would also allow for the progressive development of the assurance market for sustainability information, and of undertakings’ reporting practices. Finally, this progressive approach would phase in the increase in costs for reporting undertakings, given that reasonable assurance is more costly than limited assurancee of reasonable assurance with a more balanced cost- benefit ratio. Article 19a(5) and Article 29a(5) of Directive 2013/34/EU require Member States to ensure that the statutory auditor or audit firm checks whether the non-financial statement or the separate report has been provided. It does not require that an independent provider of assurance services verifies the information, although it allows Member States to require such verification where they wish to.
2021/12/15
Committee: JURI
Amendment 225 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EC
Article 1 – paragraph 1 – point 3
1. Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), shall include in the management report information necessary to understandestablished in the European Union and large undertakings not established in the European Union that operate in the European Union shall be required to provide material information necessary to make an informed assessment of the undertaking’s impacts on sustainability matters, and information necessary to understandmake an informed assessment of how sustainability matters affect the undertaking’s development, performance and position, by including it in either the management report or a separate report as defined in subparagraph 8 of this article.
2021/12/15
Committee: JURI
Amendment 231 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EC
Article 1 – paragraph 1 – point 3
1a. Undertakings not established in the European Union that operate in the European Union under paragraph 1 shall be exempt from the obligations set out in this Directive where their consolidated management reports are prepared in a manner that may be considered equivalent, in accordance with the relevant implementing measures adopted pursuant to Article 23(4) of Directive 2004/109/EC, in the manner required by the sustainability reporting standards referred to in Article 19b of this Directive.
2021/12/15
Committee: JURI
Amendment 281 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 1 – paragraph 1 – point 3
Undertakings shall also disclose information on intangibles, including information on intellectual, human, and social and relationship capital that are material in that they constitute a source for the creation, preservation or erosion of the value of the undertaking. For the purposes of this Article, only information shall be provided in narrative reporting on material intangibles for which there are existing and well-established reporting metrics and that is not already contained in financial reporting. This information shall contain, as applicable, information on human capital, intellectual property, the human and social quality of undertakings and relationships with stakeholders, brand value and the company’s reputation.
2021/12/15
Committee: JURI
Amendment 285 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 1 – paragraph 1 – point 3
3. The information referred to in paragraphs 1 and 2 shall contain forward- looking and retrospective information, and qualitative and quantitative information.
2021/12/15
Committee: JURI
Amendment 294 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 1 – paragraph 1 – point 3
4. Undertakings shall report the information referred to in paragraphs 1 to 3 in accordance with the sustainability reporting standards referred to in Article 19b. However, where suitably justified, European undertakings may opt to apply international standards that are recognised as equivalent at European level.
2021/12/15
Committee: JURI
Amendment 319 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 1 – paragraph 1
7a. Where undertakings prepare a separate report for the same year containing the information to be included in the non-financial statement referred to in subparagraph 1, Member States may exempt them from the requirement under subparagraph 1 to prepare the non- financial statement, provided that this separate report: (a) is published together with the management report in accordance with Article 30; or (b) is made publicly available on the undertaking’s website within a reasonable period of time, not exceeding six months after the balance sheet date, and is referred to in the management report.
2021/12/15
Committee: JURI
Amendment 514 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 1 – paragraph 1 – point 7
Parent undertakings shall also report information on intangibles, including information on intellectual, human, and social and relationship capital that are material in that they constitute a source for the creation, preservation or erosion of the value of the undertaking. For the purposes of this Article, only information shall be provided in narrative reporting on material intangibles for which there are existing and well-established reporting metrics and that is not already contained in financial reporting. This information shall contain, as applicable, information on human capital, intellectual property, the human and social quality of undertakings and relationships with stakeholders, brand value and the group’s reputation.
2021/12/15
Committee: JURI
Amendment 518 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 1 – paragraph 1 – point 7
3. The information referred to in paragraphs 1 and 2 shall contain forward- looking information and information about past performance, and qualitative and quantitative information. This information shall take into account short, medium and long-term time horizons, where appropriate.
2021/12/15
Committee: JURI
Amendment 519 #

2021/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 1 – paragraph 1 – point 7
The information referred to in paragraphs 1 and 2 shall include information about the group’s value chain, including its own operations, its products and services, its business relationships and its supply chain, where appropriate.deleted
2021/12/15
Committee: JURI
Amendment 589 #

2021/0104(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2013/34/EU
Article 2 – paragraph 2 – point b
The audit report, signed by the person or persons responsible for carrying out the work set out in paragraphs 1 and 2 of Article 34 of Directive 2013/34/EU shall be disclosed in full to the public either together with the annual financial report or separately but within six months of the publication of the balance sheet date (in accordance with Article 19a(7)(a).
2021/12/15
Committee: JURI
Amendment 599 #

2021/0104(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 12
Directive 2013/34/EU
Article 3 – paragraph 1 – point 12
3. Where the Commission adopts standards for reasonable assurance, the opinion referred to in Article 34(1), second subparagraph, point (aa) of Directive 2013/34/EU shall be based on a reasonable assurance engagement.’;deleted
2021/12/15
Committee: JURI
Amendment 608 #

2021/0104(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
Directive 2013/34/EU
Article 5 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 3 of this Directive by 1 December 2022within 18 months of the entry into force of this Directive. They shall immediately inform the Commission thereof.
2021/12/15
Committee: JURI
Amendment 611 #

2021/0104(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 Directive 2013/34/EU
Member States shall provide that the provisions referred to in the first subparagraph shall apply for financial years starting on or after 1 January 2023.from:
2021/12/15
Committee: JURI
Amendment 612 #

2021/0104(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – point 1 (new)
(1) (a)Twelve months after the date given in the first subparagraph of this article or, if later, after the date of adoption of the delegated acts by the European Commission referred to in the Directive, for the reporting obligations of the large undertakings referred to in Article 2(1)(a) of Directive 2013/34/EU;
2021/12/15
Committee: JURI
Amendment 613 #

2021/0104(COD)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 – point 2 (new)
(2) Twenty-four months after the date given in the first subparagraph of this Article or, if later, after the date of adoption of the delegated acts by the European Commission referred to in the Directive, for the reporting obligations of large undertakings other than those referred to in point (a) above.
2021/12/15
Committee: JURI
Amendment 144 #

2020/2260(INI)

Motion for a resolution
Citation 36 a (new)
- having regard to the JRC study on ‘A cross-scale impact assessment of European nature protection policies under contrasting future socio-economic pathways’, which states that some of the aggregate effects of nature protection have very different implications at local and regional level in different parts of Europe; due to nature protection measures, agricultural production has shifted from more productive land in Europe to less productive land, on average, in other parts of the world; at global level, this increases the allocation of land resources for agriculture, leading to a decrease in tropical forest areas, reduced carbon stocks and higher greenhouse gas emissions outside Europe1a, __________________ 1a https://ec.europa.eu/jrc/en/publication/cro ss-scale-impact-assessment-european- nature-protection-policies-under- contrasting-future-socio.
2021/02/18
Committee: ENVIAGRI
Amendment 198 #

2020/2260(INI)

Motion for a resolution
Recital B
B. whereas Europe’s food system shouldagricultural, agri-food and fishing system is responsible for delivering food and nutrition security in a way that contributes to social well- being, including decent living conditions for farmers, fishermen and their families, and maintains and restores ecosystem health; whereas currently, the food system is responsible for a range ofhas already demonstrated its ability to reduce the impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transform in order tobe further guided in a transition that ensures coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers and fishing businesses;
2021/02/18
Committee: ENVIAGRI
Amendment 249 #

2020/2260(INI)

Motion for a resolution
Recital B a (new)
Ba. recalls that the Mediterranean Diet, recognised by UNESCO in 2010 as an Intangible Cultural Heritage of Humanity, is known as a healthy, balanced diet, with a high nutritional, social and cultural value, based on respect for the territory and biodiversity, ensuring the conservation and development of traditional activities and crafts related to fishing, sustainable hunting and agriculture and playing a protective role in the primary and secondary prevention of the main chronic degenerative diseases;
2021/02/18
Committee: ENVIAGRI
Amendment 256 #

2020/2260(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the Farm to Fork Strategy and the European production system must guarantee food supply in all circumstances, taking into account not only environmental sustainability but also economic and social sustainability;
2021/02/18
Committee: ENVIAGRI
Amendment 268 #

2020/2260(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas consistency must be ensured between the measures envisaged by the Farm to Fork Strategy and the common agricultural and fisheries policies, the trade policy, the EU Biodiversity Strategy for 2030, as well as other related EU policies and strategies;
2021/02/18
Committee: ENVIAGRI
Amendment 288 #

2020/2260(INI)

Motion for a resolution
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farmsand agri-food sector, with diverse forms of activity, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU; underlines the active role of farmers, not only in food production, but also in maintaining and managing the land, counteracting, too, the depopulation of rural areas;
2021/02/18
Committee: ENVIAGRI
Amendment 326 #

2020/2260(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the multifunctional agricultural model also ensures that age- old traditions and culture with a high intangible value are passed on; whereas this has enormous economic potential, for example in the field of rural tourism, and generates positive social effects, involving disadvantaged categories with low contractual power in the production chain (social agriculture);
2021/02/18
Committee: ENVIAGRI
Amendment 382 #

2020/2260(INI)

Motion for a resolution
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also thransparency and correct display of information to facilitate heaslthy and affordsustainable choices, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare;
2021/02/18
Committee: ENVIAGRI
Amendment 388 #

2020/2260(INI)

Motion for a resolution
Recital D
D. whereas it is important that consumers are informed and enabled to tmake responsibility for the consequences of theirinformed choices of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health in relation to diet while ensuring the sustainable use of natural and human resources and animal welfare;
2021/02/18
Committee: ENVIAGRI
Amendment 400 #

2020/2260(INI)

Motion for a resolution
Recital D a (new)
Da. having regard to the results obtained from the implementation of the environmental standards currently in force;
2021/02/18
Committee: ENVIAGRI
Amendment 416 #

2020/2260(INI)

Motion for a resolution
Recital E
E. whereas the European agri-food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, fisheries and hunting operators, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment;
2021/02/18
Committee: ENVIAGRI
Amendment 442 #

2020/2260(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas there have already been significant results in the areas of sustainability, organic production, resilience of production and agricultural trade;
2021/02/18
Committee: ENVIAGRI
Amendment 457 #

2020/2260(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas it is essential to take into account the provisions of the regulations proposed by the Commission on the rules on support for the strategic plans to be drawn up by the Member States under the common agricultural policy, on the financing, management and monitoring of the common agricultural policy, and on the establishment of the Programme for single market, competitiveness of enterprises, including small and medium- sized enterprises, and European statistics; whereas it is necessary to ensure consistency between the measures envisaged by the Farm to Fork Strategy and the EU’s Biodiversity Strategy for 2030, as well as other related EU policies and strategies;
2021/02/18
Committee: ENVIAGRI
Amendment 470 #

2020/2260(INI)

Motion for a resolution
Recital E c (new)
Ec. having regard to the serious situation created by the COVID-19 pandemic and its impact on all players in the European agri-food chain, from primary production to food service industries;
2021/02/18
Committee: ENVIAGRI
Amendment 513 #

2020/2260(INI)

Motion for a resolution
Paragraph 1
1. WelcomNotes the farm to fork strategy as an important preliminary step into ensuring a sustainable, fair and resilient food system, which is central to that is fair for all actors in the food chain, and which is helpful in achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible;
2021/02/18
Committee: ENVIAGRI
Amendment 527 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls for the issue of sustainability, in its social, environmental and economic dimensions, to be addressed while also taking into account the situation in which the various actors in the sector operate, namely the global market, in order to effectively meet the climate and environment targets while preventing production being relocated to third countries;
2021/02/18
Committee: ENVIAGRI
Amendment 540 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Considers that all the targets and content of the strategy should be based on scientific data and must take into account the efforts made so far by every Member State in relation to the targets proposed;
2021/02/18
Committee: ENVIAGRI
Amendment 547 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Urges the Commission to conduct a cumulative impact assessment of the strategy to ensure that it is sustainable in environmental, economic and social terms;
2021/02/18
Committee: ENVIAGRI
Amendment 550 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 d (new)
1d. Stresses that it is important for the strategy to adopt an inclusive approach that takes account of all EU policies, such as the CAP and trade, fisheries and internal market policies;
2021/02/18
Committee: ENVIAGRI
Amendment 551 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 e (new)
1e. Invites the Commission to put not only environmental but also economic and social sustainability at the heart of the strategy; requests, therefore, that a priori judgements disregarding the reality that every sector has more or less sustainable production methods be avoided; believes that there is no justification for the attack on animal- derived proteins, whose production the Commission is seeking to reduce; calls on the Commission, therefore, to base its regulatory decisions on scientific evidence, emphasising that a balanced diet should include all foods; reiterates that the farm to fork strategy must be a process requiring a thorough impact assessment, a sound scientific basis, and measured, steady and constant steps, without sudden jumps that would only to serve to risk compromising, without any justification, entire sectors of the national economies;
2021/02/18
Committee: ENVIAGRI
Amendment 552 #

2020/2260(INI)

Motion for a resolution
Paragraph 1 f (new)
1f. Calls on the Commission to consider the different positions of European consumers; stresses that marketing products and campaigns aim to activate certain purchasing mechanisms according to the personality and needs of the different consumer groups; reminds the Commission that all types of consumers have the right to adequate representation, especially where public funds are being used;
2021/02/18
Committee: ENVIAGRI
Amendment 566 #

2020/2260(INI)

Motion for a resolution
Paragraph 2
2. WelcomNotes the announcement of an impact-assessed proposal based on scientific data and on realistic estimates that set out the strategy’s environmental, social and economic impact on producers for a legislative framework for sustainable agri-food systems; invites the Commission to use this proposal to set out a holistic common food policyfood policy that is tailored to the needs of consumers, aimed at further reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen itsappropriate deadlines, to be set following the presentation of the impact assessment, and to strengthen resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultur-food sector that is sustainable from an environmental, sectorocial and economic viewpoint, while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail;
2021/02/18
Committee: ENVIAGRI
Amendment 590 #

2020/2260(INI)

Motion for a resolution
Paragraph 2
2. WelcomNotes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policyfood policy that is tailored to the needs of consumers, aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security, quantity and quality in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long- term plans based on realistic, achievable and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, storage, transport, distribution and retail, disposal and recycling of secondary materials;
2021/02/18
Committee: ENVIAGRI
Amendment 639 #

2020/2260(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Urges the Commission not to forget the key role that young farmers will have to play in accomplishing the much- needed transition to sustainable farming; calls for measures designed to support income, generational renewal and training to create a space enabling the inclusion and retention of young people in agriculture;
2021/02/18
Committee: ENVIAGRI
Amendment 648 #

2020/2260(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Stresses that the Commission should base the legislative proposals on ex-ante scientific impact assessments describing the calculation methods for the targets, the baselines and the reference periods of each individual target, following consultation with the Member States; considers that the cumulative effects of the legislative proposals should also be taken into account;
2021/02/18
Committee: ENVIAGRI
Amendment 705 #

2020/2260(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics, which must take into account the efforts already made by operators to achieve more sustainable crop and livestock production; emphasises the importance of pursuing these targets on the basis of scientific relevance through holistic and circular approaches, such as agroecological practices, precision agriculture and the use of all genetic improvement techniques; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support and training measures ensuring accountabilitythe possibility of contributing at all levels to help reach these targets, taking into account, in addition, national legislation already in force in the Member State; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union- wide targets and to clarify the scientific baselines for these targets, taking into account the results already achieved in recent years; calls for consideration to be given to a reasonable time for the transition, highlighting, at the same time, the need to balance protection of crops with the gradual elimination of conventional protection tools, calling for the provision of new solutions and therefore the allocation of investments to look for active substances with a lower environmental impact that are equally effective, and by incentivising the use of new technologies;
2021/02/18
Committee: ENVIAGRI
Amendment 715 #

2020/2260(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets or precision agriculture; insists that quantitative reduction targets must be based on a cumulative economic impact assessment and accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets, putting farmers in a position to use fewer products, or to optimise their use, through greater development both in terms of capacity for investment and knowledge in the areas of research, innovation and precision agriculture tools and techniques; in this regard, hopes for clarity to be introduced concerning the ever-expanding world of new plant breeding techniques (NBTs), in order to regulate their scope and future prospects and thus provide the requisite legislative basis for their development on the ground; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union- wide targets and to clarify the baselines for these targets;
2021/02/18
Committee: ENVIAGRI
Amendment 810 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses the need to invest in research into new active substances with better ecotoxological profiles, able to ensure adequate crop pest management, in view of the new challenges linked to climate change;
2021/02/18
Committee: ENVIAGRI
Amendment 901 #

2020/2260(INI)

Motion for a resolution
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks, taking into consideration both positive and negative externalities, as well as the emission reduction efforts already made, the difficulty in achieving further significant emission reductions because they are by nature difficult to limit, but also the importance of recognising the central role played by agriculture and silviculture in absorbing CO2 in soils and plants; stresses the need to enhance carbon absorption and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and liv; calls for the definition of policies and measures tock sectors; calls for regulatory measures and targets to ensure progressive reduc encourage and support improved climatic performance of agricultural and livestock production through reductions in greenhouse gas (GHG) emissions and increased CO2 absorptions, in all GHG emissions in these sectors; line with the principle of ensuring access for all population groups in Europe to healthy, safe and sufficient food;
2021/02/18
Committee: ENVIAGRI
Amendment 905 #

2020/2260(INI)

Motion for a resolution
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectorsStresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide; recognises the key role that agriculture and silviculture already play in carbon sequestration in soils; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions and calls on the Commission to present a legislative proposal that includes adequate financial resources to compensate farmers for the increased costs incurred or the loss of income they suffer in pursuing the decontamination target and to ensure more ambitious action on carbon sequestration and the use of products that biodegrade in the soil;
2021/02/18
Committee: ENVIAGRI
Amendment 971 #

2020/2260(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls also for the offsetting of emissions for agricultural-forestry and livestock systems;
2021/02/18
Committee: ENVIAGRI
Amendment 975 #

2020/2260(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Points out that European agriculture and silviculture play a crucial role in addressing climate change adaptation and mitigation because of their significant potential to reduce emissions and sequester carbon and their contribution to the environmental, economic and social sustainability of the European regions;
2021/02/18
Committee: ENVIAGRI
Amendment 1029 #

2020/2260(INI)

Motion for a resolution
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economyespecially areas within the European region, contributing to protecting them from depopulation and abandonment, and forms part of the European food system;
2021/02/18
Committee: ENVIAGRI
Amendment 1048 #

2020/2260(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls for the implementation of modern indoor livestock rearing facilities and techniques that ensure the supply of food of animal origin required by the EU population while also contributing to reducing emissions, combating climate change and respecting animal welfare;
2021/02/18
Committee: ENVIAGRI
Amendment 1105 #

2020/2260(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the notion of rewarding farmers for carbon sequestration in soils; stresses, howev using public resources other, that intensive and industrial agriculture and farmingn those allocated for the CAP; stresses, however, that agriculture models with negative impacts on biodiversity should not receive climate funding or be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal;
2021/02/18
Committee: ENVIAGRI
Amendment 1107 #

2020/2260(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding or be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Dealshould be assisted in the transition to more sustainable farming models, whilst avoiding the funding of farming models with negative impacts on biodiversity;
2021/02/18
Committee: ENVIAGRI
Amendment 1158 #

2020/2260(INI)

Motion for a resolution
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins with a view to ensuring an internal supply in line with the consumption habits of European consumers that recognises different eating habits linked to factors such as traditions and at the same time enables self-sufficiency in the event of a crisis in the market system such as the situation occurring in the recent COVID-19 crisis; to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
2021/02/18
Committee: ENVIAGRI
Amendment 1184 #

2020/2260(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Emphasises the importance of promoting research and innovation for the development of new seed varieties to address the challenges of sustainability and the green transition for agriculture, preserving the rules currently applicable in relation to seeds, in particular to protect intellectual property rights, and, in any case, allowing compliance with the ‘farmers’ privilege’ principle;
2021/02/18
Committee: ENVIAGRI
Amendment 1197 #

2020/2260(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Calls on the Commission to ensure that the new plant breeding techniques (NBTs), such as genome editing, are excluded from the scope of the GMO legislation, following specific case-by-case assessments of the individual techniques to verify their agricultural, economic and environmental viability, in order to provide farmers in the EU with further tools that allow, on the one hand, the farm to fork objectives to be met, in particular those regarding the reduction of inputs, and on the other hand, a greater resilience and adaptation to climate change;
2021/02/18
Committee: ENVIAGRI
Amendment 1238 #

2020/2260(INI)

Motion for a resolution
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentivfor all players in the food chain to guarantee adequate living conditions for farmers, fishers and their families, to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains, sustainable local and identity-based supply chains and quality food production;
2021/02/18
Committee: ENVIAGRI
Amendment 1301 #

2020/2260(INI)

Motion for a resolution
Paragraph 9
9. Recalls that the European foodagri-food and fisheries system delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of foodagri-food supply-chain producers will ultimately increase their resilience if it contributes to the use of raw materials of European origin; encourages the Commission to consider the agri-food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans;
2021/02/18
Committee: ENVIAGRI
Amendment 1331 #

2020/2260(INI)

Motion for a resolution
Paragraph 10
10. Underlines that robust and reliable legal frameworks for the fisheries and aquaculture sector should provide the basis for better protection measures with subsequent increases in fish populations and more clarity regarding the use of space and licenses in aquaculture, allowing for greater predictability for investments; stresses that good traceability mechanisms and high sustainability standards for all products sold on EU markets are essential to ensure transparency for consumers, the sector and the different administrations, and to achieve the targets of the Green Deal and the SDGs; calls for strategic management that includes both a substantial awareness campaign for operators designed to create the basis for a new waste management culture at sea and in port, and the development of projects able to incentivise the collection of maritime waste by operators in the fisheries sector, by recognising the strategic role they already play and could play further in cleaning up the sea. Initiatives should be supported by strategies to improve the economic conditions for producers through policies to support, protect and maximise the value of fishery products, so as to enable operators to support environmental policies. Recognition of organic production could become a valuable support for sustainable growth;
2021/02/18
Committee: ENVIAGRI
Amendment 1364 #

2020/2260(INI)

Motion for a resolution
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), wWhich is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current less innovative food production systems, which are deficient in terms of good health and biosecurity practices, and by the importing of agri-food products from third countries that do not apply the same high standards in terms of quality, safety and respect for the environment and human rights required for producers in the EU;
2021/02/18
Committee: ENVIAGRI
Amendment 1422 #

2020/2260(INI)

Motion for a resolution
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production; takes the view that supply chain agreements should be implemented and supported to ensure a fair distribution of value to farmers and fishing contractors and to guarantee greater transparency and traceability in the supply chain as a whole;
2021/02/18
Committee: ENVIAGRI
Amendment 1423 #

2020/2260(INI)

Motion for a resolution
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through compliance with competition rules and the enhancement of possibilities for cooperation among the various actors involved in the supply chain within the common market organisations for agricultural, fishery and aquaculture products, and thus forso that farmers’ and fishers’ position in the supply chain tocan be strengthened in order to enable them to capture a fair share of the added value of sustainable production and to maintain adequate income levels even in the case of smaller enterprises, thus fostering the launch of new economic initiatives and the growth of youth employment in the sector;
2021/02/18
Committee: ENVIAGRI
Amendment 1444 #

2020/2260(INI)

Motion for a resolution
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production;
2021/02/18
Committee: ENVIAGRI
Amendment 1485 #

2020/2260(INI)

Motion for a resolution
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers with requirements above the standards already established by the regulations while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sectorneed to include, among the business practices to be prevented, the practice of acquiring raw materials and agricultural products that are clearly below production costs in order to ensurguarantee fair prices for farmers; _________________ 22 OJ L 111, 25.4.2019, p. 59.
2021/02/18
Committee: ENVIAGRI
Amendment 1510 #

2020/2260(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market; regards it as essential to make the penalties imposed on fraudsters more dissuasive, to earmark sufficient resources so that checks can be stepped up and to establish a legal definition at EU level of the concepts of ‘food fraud and crime’ and ‘counterfeiting’;
2021/02/18
Committee: ENVIAGRI
Amendment 1522 #

2020/2260(INI)

Motion for a resolution
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, with a view to enhancing its contribution to sustainable production and consumption, notably by focusing on educational messages about the importance of healthy nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates from primary school onwards; calls for an assurance that educational and information campaigns will be based on scientific assessments tailored to the specific target audience and will be included within the broader framework of activities focused on promoting a balanced lifestyle that are not limited to diet; takes the view that educational and information campaigns should include all agricultural production so that support can be guaranteed for all production sectors and they can be made more sustainable, contributing to enhanced overall production and sustainable consumption;
2021/02/18
Committee: ENVIAGRI
Amendment 1572 #

2020/2260(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Stresses that all European products are sustainable and therefore eligible for promotion programmes, which should not discriminate between products; calls for the list of eligible products to be extended in order to raise awareness of the wealth of diversity in the food cultures of European countries;
2021/02/18
Committee: ENVIAGRI
Amendment 1602 #

2020/2260(INI)

Motion for a resolution
Paragraph 15
15. Recalls the need to promote effective, efficient, innovative and flexible Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable bygricultural enterprises to stay on the market in a competitive and sustainable way, ensuring vitality in rural areas, and all food chain actors to become sustainable while maintaining adequate income levels and at the same time speeding up innovation and accelerating knowledge transfer; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections; recognises that farmers’ organisations are valuable contacts in developing information brokerage services geared towards innovation;
2021/02/18
Committee: ENVIAGRI
Amendment 1612 #

2020/2260(INI)

Motion for a resolution
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable by speeding up innovation and accelerating knowledge transfer to farmers; recalls, in addition, the need for a farm sustainability data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections;
2021/02/18
Committee: ENVIAGRI
Amendment 1628 #

2020/2260(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses the need to better inform consumers through mandatory labelling of all foods in relation to country of origin, including rabbit and game meat;
2021/02/18
Committee: ENVIAGRI
Amendment 1631 #

2020/2260(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Considers that the assessment and establishment of additional labelling systems, such as animal welfare or sustainability labelling, should take into due consideration the need to safeguard the economic sustainability of European farms;
2021/02/18
Committee: ENVIAGRI
Amendment 1635 #

2020/2260(INI)

Motion for a resolution
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health;regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of- pack nutrition labelling system based on independent sciencepromote healthier diets through consumer awareness campaigns and activities providing information on the importance of a varied and balanced diet that does not exclude any food, provided that it is consumed in the right amount and frequency and is accompanied by adequate physical activity; welcomes efforts to harmonise systems for possible EU-wide front-of-pack nutrition labelling provided that these are voluntary, informative, non-discriminatory, based on actual portions consumed and on independent science, eschewing simplistic solutions that could influence consumers’ decisions, as opposed to providing them with information on actual nutritional intake and balanced diets; considers that an EU-wide harmonised front-of-pack nutrition labelling system must meet the requirements laid down in Article 35 of Regulation (EU) No 1169/2011;notes, in this regard, that differences in consumption are linked not only to the availability of raw materials but also to different climates that require greater or lesser intake of certain nutrients, as well as to local traditions and typical recipes that must be taken into account and protected when formulating a balanced diet;
2021/02/18
Committee: ENVIAGRI
Amendment 1697 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes the possibility of encouraging the harmonisation of front- of-pack nutrition labelling schemes, provided that this is voluntary rather than a regulatory requirement and is based on clear scientific evidence; calls for a guarantee that nutrition labelling schemes will take into account the actual portions consumed and nutritional content;
2021/02/18
Committee: ENVIAGRI
Amendment 1708 #

2020/2260(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Notes that consumer choices must be informed, knowledgeable and based on the principle that a balanced diet requires not only consumption at each meal of proteins, fats and carbohydrates in a balanced manner, in terms of quantity and quality, but also rotation of the nutrients consumed; considers that labelling that does not take into account the actual quantitative nutritional content of simple and processed foods could influence consumer choices in a misleading way;
2021/02/18
Committee: ENVIAGRI
Amendment 1732 #

2020/2260(INI)

Motion for a resolution
Paragraph 17
17. Welcomes the Commission’s commitment to revise the EU legislation on food contact materials (FCM); reiterates its call to revise the legislation on FCM i, based on the scientific work of the EFSA, with a view to establishing an line with the regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH), as well as classification, labelling and packaging regulations, and to insert, without further delay, specific provisions to substitute endocrine disrupting chemicalscreasingly comprehensive and harmonised European regulatory framework in relation to specific issues and areas in the light of scientific developments and the need for research and technological innovation;
2021/02/18
Committee: ENVIAGRI
Amendment 1754 #

2020/2260(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
2021/02/18
Committee: ENVIAGRI
Amendment 1765 #

2020/2260(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers tooffer consumers the possibility of chooseing healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers while protecting producers’ incomes; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice shoulcan also combine environmental, social and become the most affordable onenomic sustainability, from the point of view of both producers and consumers;
2021/02/18
Committee: ENVIAGRI
Amendment 1798 #

2020/2260(INI)

Motion for a resolution
Recital 18 a (new)
18a. Emphasises that ‘best diets’ should be defined holistically as balanced diets, without focusing on ‘positive’ or ‘negative’ assessments of individual food types in relation to consumption patterns, amounts regularly consumed and combinations with other foods;
2021/02/18
Committee: ENVIAGRI
Amendment 1802 #

2020/2260(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Stresses the need to use appropriate instruments (brands, promotions, communication, etc.) to promote the ethical consumption of products from social farming, understood as farming that, in accordance with European Directives and national rules (where they exist), involves categories of disadvantaged workers (unemployed, disabled, asylum seekers, victims of violence, prisoners and ex-prisoners, etc.);
2021/02/18
Committee: ENVIAGRI
Amendment 1820 #

2020/2260(INI)

Motion for a resolution
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products to consumers; notes that third- party certification and labelling alone are not effective in ensuring sustainable production and consumption;deleted
2021/02/18
Committee: ENVIAGRI
Amendment 1852 #

2020/2260(INI)

Motion for a resolution
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;deleted
2021/02/18
Committee: ENVIAGRI
Amendment 1859 #

2020/2260(INI)

Motion for a resolution
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-basedCalls on the Commission to promote eating patterns that lead to the adoption of varied diets (where all foods cand less red and processed meat, sugars, salt, and fats, which will also benef be consumed in the right quantities and with the environment; emphasises that EU-wide guidelines forright frequency) that are balanced and sustainable, and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based dietsdapted to the specific needs of each consumer, while recognising and protecting the heritage of the different eating habits, traditions, preferences and production methods of EU countries and the businesses that represent them;
2021/02/18
Committee: ENVIAGRI
Amendment 1874 #

2020/2260(INI)

Motion for a resolution
Paragraph 20
20. Highlights the recognitionNotes the assertions made in the strategy that certain Europeans’ diets are not considered to be in line with recommendations for healthy eating, and that a (except for the Mediterranean diet, which was inscribed on the UNESCO List of the Intangible Cultural Heritage of Humanity in 2010), and that more population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fatoptions need to be introduced by providing a wider choice of products, including more healthy and plant-based foods, but not by eliminating animal proteins, which willare also benefit the environmenan essential element of a balanced diet; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
2021/02/18
Committee: ENVIAGRI
Amendment 1920 #

2020/2260(INI)

Motion for a resolution
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU, without prejudice to proteins of animal origin, which are essential for growth and an important component of complete and balanced diets, is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU; and reducing Europe’s current dependence regarding its supply of plant proteins; calls, therefore, for greater control over imports from third countries and for restrictions on imports that do not meet European standards on sustainable production;
2021/02/18
Committee: ENVIAGRI
Amendment 1978 #

2020/2260(INI)

Motion for a resolution
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organic and local food production and to promote more healthy diets by creating a food environment that enables consumers to make thsustainable and certified production of traditional and typical foods from short supply chains and with geographical indications, combining the use of quality products and sustainable raw materials with the service provided, and to promote more healthy choicediets;
2021/02/18
Committee: ENVIAGRI
Amendment 2038 #

2020/2260(INI)

Motion for a resolution
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets are needed to achieve thi; underlines that proportionate, balanced and realistic targets are needed to achieve this, taking into account the different levels of food waste in individual countries;
2021/02/18
Committee: ENVIAGRI
Amendment 2067 #

2020/2260(INI)

Motion for a resolution
Paragraph 24
24. Welcomes the proposed revision of EU rules on date marking; stresses that any change to date marking rules should be science based and should improve the use of date marking by actors in the food chain and its understanding by consumers, in particular ‘best before’ labelling, while at the same time not undermining food safety or quality;
2021/02/18
Committee: ENVIAGRI
Amendment 2118 #

2020/2260(INI)

Motion for a resolution
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both, digitalisation, the circular bioeconomy and other forms of social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; stresses, further, the importance of extending this possibility to all actors in the chain, without additional administrative burdens;
2021/02/18
Committee: ENVIAGRI
Amendment 2140 #

2020/2260(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Underlines the need to enable the use of cutting-edge technologies, such as innovative animal and plant breeding techniques, artificial intelligence and digital technologies, at EU level as soon as possible; notes, in particular, that new breeding techniques (NBTs) could improve the tolerance of plant varieties to abiotic stresses and pests, as well as resistance to animal diseases, thereby helping to achieve the Green Deal objectives; calls, therefore, for EU provisions to enable such practices;
2021/02/18
Committee: ENVIAGRI
Amendment 2205 #

2020/2260(INI)

Motion for a resolution
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all agricultural, food and feed products imported to the EU, including the raw materials needed to produce them, fully meet relevant EU regulations and the standards imposed by such regulations on European producers, and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental, economic and social impacts of requested import tolerances on European entrepreneurs into account;
2021/02/18
Committee: ENVIAGRI
Amendment 2267 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls on the Commission to clarify how it intends to prevent imports of agricultural products treated with active substances banned in the European Union from harming the health of European consumers;
2021/02/18
Committee: ENVIAGRI
Amendment 2279 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Believes that environmental and social sustainability must be at the heart of the future EU trade policy and every bilateral trade agreement in order to give substance to the farm to fork strategy;
2021/02/18
Committee: ENVIAGRI
Amendment 2282 #

2020/2260(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Points out that trade agreements must ensure that the parties involved actively promote the principles of sustainable development; stresses the need to guarantee international standards in line with Europe’s environmental and climate ambitions with a view to ensuring sustainable growth; notes that these agreements should also deem compliance with the Paris Agreement on climate change to be an essential and binding element in ensuring a global transition towards sustainable food systems; emphasises the need to ensure that European agriculture remains competitive, avoiding increased production costs that would be passed on to consumers and encourage them to purchase cheaper products imported from non-EU countries;
2021/02/18
Committee: ENVIAGRI
Amendment 140 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 4 – paragraph 1
1. Member States shall designate an independent public authority (the 'supervisory authority') to be responsible for monitoring the application of this Regulation in order to protect the fundamental rights and freedoms of European Associations while acting across borders.
2021/10/12
Committee: JURI
Amendment 142 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 4 – paragraph 2
2. Each national supervisory authority shall contribute to the consistent application of this Regulation throughout the Union. For that purpose, the supervisory authorities shall cooperate with each other, within the framework of the European Associations Authorityhelp of the Commission, in accordance with Articles 5 and 22 of this Regulation.
2021/10/12
Committee: JURI
Amendment 144 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 5
[...]deleted
2021/10/12
Committee: JURI
Amendment 199 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 10 – paragraph 2
2. Registration shall occur via a standardised registration procedure to be developed and set up by the European Associations Authorityby the Commission. The registration procedure shall be electronic and free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The European Associations Authority and national supervisory authorities shall make it possible to register by non-digital means for the citizens who wish to do so.
2021/10/12
Committee: JURI
Amendment 209 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 10 – paragraph 6
6. The registering authority shall communicate to the European Associations Authority without delay,In the event of rejection of the application for registration and no later than 30 calendar days after the request for registration or for the granting of public benefit status has been made, an opinion concerning the application, based on the assessment conducted pursuant to paragraphs 4 and 5. If the registering authority recommends the rejection of the application, ithas been made, the competent Commission authority shall provide substantiated grounds to justify its recommendation for rejection.
2021/10/12
Committee: JURI
Amendment 215 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 10 – paragraph 8
8. Applicants shall have the right to request the European Associations Authority toa review itsof the decision refusing the application within 15 calendar days after the decision has been communicated to them.
2021/10/12
Committee: JURI
Amendment 257 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – introductory part
1. A European Association can be granted public benefit status if the following cumulative conditions are met:organisation's purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it, and is thus beneficial for the public good, including charitable, purposes, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party.
2021/10/12
Committee: JURI
Amendment 258 #

2020/2026(INL)

Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a
(a) the organisation's purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it, and is thus beneficial for the public good, including charitable, purposes, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit, although the list shall not be considered as exclusive: (a) preservation; (b) climate change; (c) fundamental rights and Union values, including the elimination of any discrimination based on gender, race, ethnicity, religion, disability, sexual orientation or any other grounds; (d) of or relief from poverty; (e) humanitarian aid, including disaster relief; (f) development aid and development cooperation; (g) support for vulnerable sectors of the population, including children, the elderly, people with disabilities, persons seeking or benefitting from international protection and people in a situation of homelessness; (h) protection of animals; (i) science, research and innovation; (j) education and training; (k) the promotion and protection of health and well-being, including the provision of medical care; (l) consumer protection; and (m) amateur sports.deleted arts, culture or historical environmental protection and the promotion and protection of social justice, including prevention humanitarian assistance and protection of, assistance to and
2021/10/12
Committee: JURI
Amendment 396 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a
(a) the organisation's purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it and is thus beneficial for public good, including charitable purposes or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit, although the list shall not be considered as exclusive:
2021/10/12
Committee: JURI
Amendment 398 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint a
(a) arts, culture or, historical preservation and protection of rural culture;
2021/10/12
Committee: JURI
Amendment 399 #

2020/2026(INL)

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint a a (new)
(aa) the promotion of traditions and customs of national and European identities;
2021/10/12
Committee: JURI
Amendment 181 #

2020/2023(INI)

Motion for a resolution
Paragraph 13 – point i
(i) reciprocal arrangement for mutually beneficial market access for goods, services, public procurement without any restrictions on imports and exports, recognition of professional qualifications and where relevant foreign direct investment to be negotiated in full compliance with World Trade Organization (WTO) rules;
2020/05/28
Committee: AFETINTA
Amendment 240 #

2020/2023(INI)

Motion for a resolution
Paragraph 15
15. Reiterates that given the UK’s geographic proximity and economic interdependence with the EU, the breadth and depth of the agreement on a level playing field will be essential in determining the extent of the overall future EU-UK relationship; considers, therefore, that a level playing field must be ensured and EU standards safeguarded in order to avoid a ‘race to the bottom’ as well as measures having an unjustified and disproportionate damaging effect on trade flows, with a view to dynamic alignment; stresses the need to ensure that the UK does not gain an unfair competitive advantage through the undercutting of levels of protection and to prevent regulatory arbitrage by market operators;
2020/05/28
Committee: AFETINTA
Amendment 265 #

2020/2023(INI)

Motion for a resolution
Paragraph 17
17. Points out that these provisions should ensure that standards are not lowered, while empowering both parties to modify commitments over time to lay down higher standards or include additional areas, in full respect of the proportionality and necessity principles; stresses, moreover, that commitments and provisions should be enforceable by autonomous interim measures, a solid dispute settlement mechanism and remedies, with a view to dynamic alignment;
2020/05/28
Committee: AFETINTA
Amendment 21 #

2020/2019(INL)

Motion for a resolution
Recital B a (new)
Ba. whereas the constant increase in the supply of products and services through the use of hosting platforms lends itself to situations that have the potential to mislead consumers as to the actual origin of goods and services; and whereas illegal activities connected with the use of digital services cause huge losses for the whole of Europe’s production industry, whose expertise and craft traditions should be better safeguarded by commercial entities operating online;
2020/06/05
Committee: JURI
Amendment 191 #

2020/2019(INL)

Motion for a resolution
Paragraph 15 a (new)
15a. Calls on the Commission to request that hosting platforms verify the identity and veracity of the information entered by advertisers, and ensure that this is updated constantly and accurately;
2020/06/05
Committee: JURI
Amendment 193 #

2020/2019(INL)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the Commission to request that hosting platforms close the accounts or terminate all commercial contracts concluded with advertisers in cases where the promotion of illegal content has been detected, and that they take all the requisite steps to prevent that content reappearing on their platforms;
2020/06/05
Committee: JURI
Amendment 329 #

2020/2019(INL)

Motion for a resolution
Annex I – part A – part II – section 1 – indent 2
- Users of content hosting platforms should be given the choice to opt in or out of receiving targeted advertisementsinformed that they can make choices in respect of targeted advertisements, in line with the General Data Protection Regulation.
2020/06/05
Committee: JURI
Amendment 11 #

2020/2012(INL)

Motion for a resolution
Recital A a (new)
Aa. whereas artificial intelligence, robotics and related technologies will also lead to substantial changes to the labour market, posing a serious challenge to the public authorities in terms of reorganisation of the workforce;
2020/05/29
Committee: JURI
Amendment 59 #

2020/2012(INL)

Motion for a resolution
Recital L
L. whereas Parliament continues to call for the establishment of a European Agency to ensure a harmonised approach across the Union and address the new opportunities and challenges, in particular those of a cross-border nature, arising from ongoing technological developments.deleted
2020/05/29
Committee: JURI
Amendment 76 #

2020/2012(INL)

Motion for a resolution
Paragraph 1 a (new)
1a. Asserts the principle whereby the development, spread and use of artificial intelligence, robotics and related technologies should always be at the service of human beings and never the other way round;
2020/05/29
Committee: JURI
Amendment 119 #

2020/2012(INL)

Motion for a resolution
Paragraph 6
6. Affirms that possible bias in and discrimination by software, algorithms and data should be addressed by setting rules for the processes through which they are designed and used, as this approach would have the potential to turn software, algorithms and data into a considerable counterbalance to bias and discrimination, and a positive force for social change;
2020/05/29
Committee: JURI
Amendment 131 #

2020/2012(INL)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses the vital importance of guaranteeing freedom of thought and expression, to prevent some ideas that are not considered ‘politically correct’ from being deleted in advance through the use of certain software and algorithms, with the aim of promoting certain ideas and values to the detriment of others;
2020/05/29
Committee: JURI
Amendment 138 #

2020/2012(INL)

Motion for a resolution
Paragraph 8 a (new)
8a. Stresses that technological expertise will be increasingly important and it will therefore be necessary continuously to update training courses, in particular for the new generations, and to promote the vocational retraining of people who are already working; innovation and training should be promoted not only in the private sector but also in the public sector;
2020/05/29
Committee: JURI
Amendment 202 #

2020/2012(INL)

Motion for a resolution
Subheading 11
A European Agency for Artificial Intelligencedeleted
2020/05/29
Committee: JURI
Amendment 205 #

2020/2012(INL)

Motion for a resolution
Paragraph 22
22. Recalls that Parliament’s resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics asked the Commission to consider the designation of a European Agency for Artificial Intelligence;deleted
2020/05/29
Committee: JURI
Amendment 212 #

2020/2012(INL)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to follow- up on that request, especially in view of the added-value of having a body at Union level coordinating the mandates and actions of each national supervisory authority as referred to in the previous sub-section;deleted
2020/05/29
Committee: JURI
Amendment 226 #

2020/2012(INL)

Motion for a resolution
Paragraph 24
24. Believes that such a body, as well as the certification referred to in the following paragraph, would not only benefit the development of Union industry and innovation in that context but also increase the awareness of our citizens regarding the opportunities and risks inherent to these technologies;deleted
2020/05/29
Committee: JURI
Amendment 237 #

2020/2012(INL)

Motion for a resolution
Paragraph 25
25. Suggests that the European Agency for Artificial IntelligenceCommission, together with the national supervisory authorities, develops common criteria and an application process relating to the granting of a European certificate of ethical compliance following a request by any developer, deployer or user seeking to certify the positive assessment of compliance carried out by the respective national supervisory authority;
2020/05/29
Committee: JURI
Amendment 264 #

2020/2012(INL)

Motion for a resolution
Paragraph 29
29. Concludes, following the above reflections on aspects related to the ethical dimension of artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resulting in a legal framework at Union level supervised by national competent authorities, coordinated and enhanced by a European Agency for Artificial Intelligencethe Commission and duly respected and certified within the internal market;
2020/05/29
Committee: JURI
Amendment 273 #

2020/2012(INL)

Motion for a resolution
Paragraph 32
32. Considers that the requested proposal would have financial implications if a new European Agency for Artificial Intelligence is set up;deleted
2020/05/29
Committee: JURI
Amendment 479 #

2020/2012(INL)

Motion for a resolution
Annex I – part B – recital 46
(46) Action at Union level as set out in this Regulation would be best achieved through the establishment of a European Agency for Artificial Intelligence. Such a body would be essential in coordinating the mandates and actions of the national supervisory authorities in each Member State, outlining objective criteria for the risk assessment of artificial intelligence, robotics and related technologies, developing and issuing a certification of compliance with the ethical principles laid down in this Regulation, supporting regular exchanges with concerned stakeholders and civil society, promoting the Union’s approach through international cooperation and ensuring a consistent reply worldwide to the opportunities and risks inherent in these technologies.deleted
2020/05/29
Committee: JURI
Amendment 529 #

2020/2012(INL)

Motion for a resolution
Annex I – part B – Article 5 – paragraph 3
3. The development, deployment and use of development, deployment and use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be carried out in the best interest of citizens. In particular, the potential of such technologies and the opportunities that they provide shall be taken into consideration, having regard at all times to the centrality and irreplaceability of human beings and the need to protect and foster the social, environmental and economic well-being of society.
2020/05/29
Committee: JURI
Amendment 576 #

2020/2012(INL)

Motion for a resolution
Annex I – part B – Article 9 – paragraph 2
2. Any software, algorithm or data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall be unbiased and, without prejudice to paragraph 3, shall not discriminate on grounds such as race, gender, sexual orientation, pregnancy, disability, physical or genetic features, age, national minority, ethnic or social origin, language, religion or belief, political views or civic participation, citizenship, civil or economic status, education, or criminal record, and shall not seek to promote certain ideas, values and uniform views of society.
2020/05/29
Committee: JURI
Amendment 581 #

2020/2012(INL)

Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
1. Any artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in compliance with the relevant Union law, principles and values, in a manner that ensures optimal social, environmental and economic outcomes and that does not result in injury or harm of any kind to being caused to individuals or society, paying particular attention to the possible adverse effects on employment and workers’ rights.
2020/05/29
Committee: JURI
Amendment 591 #

2020/2012(INL)

Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point c
(c) developed, deployed and used in a manner that contributes to public debate, complements and empowers human cognitive skills, encourages quality education and promotes multilingualism while reflecting the cultural diversity of the Union and promoting the traditions and customs of its peoples;
2020/05/29
Committee: JURI
Amendment 199 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. It may also be possible for online platforms to prevent a content that has already been identified as illegal and that has been removed on the basis of a prior notice, from reappearing. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
2021/07/20
Committee: JURI
Amendment 210 #

2020/0361(COD)

Proposal for a regulation
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 prevent the reappearance of the notified or equivalent illegal information. The provider should also inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
2021/07/20
Committee: JURI
Amendment 224 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, have significant legitimate interests, have a proven record in flagging content with a high rate of accuracy and particular expertise and have demonstrated competence for the purposes of detecting, identifying and notifying illegal content that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/20
Committee: JURI
Amendment 417 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expeditiously toand permanently removes or to disables access to the illegal content. Expeditiously means immediately or as fast as possible and in any event no later than within 30 minutes where the illegal content pertains to the broadcast.
2021/07/19
Committee: JURI
Amendment 465 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
(c a) compliance with the measures in the order should be technically feasible taking into account the available technical capabilities of the service provider concerned;
2021/07/19
Committee: JURI
Amendment 614 #

2020/0361(COD)

Proposal for a regulation
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 and objective manner. When a decision has been taken to remove or disable information, the providers of hosting services shall take all necessary measures to prevent the same or equivalent illegal material from reappearing on their service. 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.
2021/07/19
Committee: JURI
Amendment 1031 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 and 30, but also to further transparency between all the players involved in the programmatic advertising value chain.
2021/07/19
Committee: JURI
Amendment 1037 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
(ba) the set-up of a common/unique identifier constituted by multiple elements (such as the advertiser identifier and references to the brand of the campaign, its product, and the reference of the purchase) which enables advertisers and publishers to identify and track a campaign throughout its lifecycle.
2021/07/19
Committee: JURI
Amendment 1084 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 a (new)
2a. Member States shall introduce expedited procedures under which an order granted by a court or competent administrative authority in another Member State against a provider of intermediary services whose services are used to disseminate illegal content, can be used as a basis for court or administrative order in the Member State against similar providers of intermediary services whose service are used to disseminate the same illegal content. National Digital Services Coordinators shall make public decisions by judicial or administrative authorities provided to them by other Digital Services Coordinators under Article 8 of this Regulation.
2021/07/19
Committee: JURI
Amendment 60 #

2020/0340(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) Underlines the need to enhance Europe’s digital sovereignty in a self- determined manner by building on its strengths and reducing its weaknesses, preserving open markets and global cooperation.
2021/06/08
Committee: JURI
Amendment 83 #

2020/0340(COD)

Proposal for a regulation
Recital 17 a (new)
(17a) This Regulation, in accordance with European strategy for data and aiming to create a human-centric single European data space, must ensure that any access to EU citizen's personal data and certain sensitive data complies with its values and legislative framework, protecting personal data, public interests and fundamental rights. Any re-users located in a country outside of the EU should fully respect Union rules protecting personal data.
2021/06/08
Committee: JURI
Amendment 174 #

2020/0340(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a a (new)
(aa) provides assistance and advice to the public sector for staff training activities regarding data security and protection and all ICT technologies involved
2021/06/08
Committee: JURI
Amendment 32 #

2020/0322(COD)

Proposal for a regulation
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU. The Commission should ensure coordination and information exchange between the entities organizing and participating in any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and stockpiling of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/04/21
Committee: IMCO
Amendment 38 #

2020/0322(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) The primary purpose of joint procurement should be to guarantee stability in an unpredictable environment in the context of a cross-border health crisis only, ensuring equitable access for patients and increased visibility and predictability for actors involved.
2021/04/21
Committee: IMCO
Amendment 42 #

2020/0322(COD)

Proposal for a regulation
Recital 9 b (new)
(9b) The Joint procurement shall be carried in a transparent, timely and effective way to prevent market disruption and to ensure actors involved can fulfil their contractual responsibilities. In this respect, it is crucial to define clear and transparent steps since the beginning of the procedure in terms of process, scope, tender specifications, timelines and formalities. A preliminary consultation phase involving participating actors shall be guaranteed, as well as a two-way communication throughout the whole procedure.
2021/04/21
Committee: IMCO
Amendment 46 #

2020/0322(COD)

Proposal for a regulation
Recital 9 c (new)
(9c) During a health crisis situation, manufacturing is often needed rapidly and with short notice. It is therefore crucial that the joint procurement lead times are aligned and coherent with manufacturers’ lead times to ensure clarity and expectations from both organizing and participating entities.
2021/04/21
Committee: IMCO
Amendment 48 #

2020/0322(COD)

Proposal for a regulation
Recital 9 d (new)
(9d) Regulatory flexibility should be considered and allowed to ensure faster supply to the markets, for example by accepting each other Marketing Authorizations in case of emergencies.
2021/04/21
Committee: IMCO
Amendment 49 #

2020/0322(COD)

Proposal for a regulation
Recital 9 e (new)
(9e) Joint procurement implies shared responsibilities and a fair approach with rights and obligations for all parties involved, relevant authorities and manufacturers. In this respect, commitments should be defined since the beginning and respected, from the manufacturers to deliver on the production, and from the authorities to purchase their agreed reserved volumes. This is also important to avoid waste of medicinal products.
2021/04/21
Committee: IMCO
Amendment 52 #

2020/0322(COD)

Proposal for a regulation
Recital 9 f (new)
(9f) If used, in order for joint procurement to be sustainable, it is crucial to define criteria beyond the price/cost only to be considered in the awarding process. Such criteria should take into consideration for instance the ability of the bidder to ensure security of supply in a health crisis situation.
2021/04/21
Committee: IMCO
Amendment 117 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
(aa) the purpose of joint procurement should be to guarantee stability in an unpredictable environment during a serious cross-border threat to health only. In other circumstances, other measures shall be privileged, such as procurement at national level;
2021/04/21
Committee: IMCO
Amendment 119 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point b a (new)
(ba) the joint procurement shall be carried in a transparent, timely and effective way defining clear steps since the beginning of the procedure in terms of process, scope, tender specifications, timeline sand formalities. A preliminary consultation phase involving participating actors shall be guaranteed, as well as a two-way communication throughout the whole procedure;
2021/04/21
Committee: IMCO
Amendment 123 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c
(c) Member States, EFTA States and Union candidate countries participating in a joint procurement shall procure the medical countermeasure in question through that procedure and not through other channels, and shall not run parallel negotiation processes for that product. In addition, joint procurement shall not exempt participating countries from honouring existing contractual agreements nor shall replace countries regular procurement processes;
2021/04/21
Committee: IMCO
Amendment 126 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
(ca) the joint procurement lead times shall be aligned with manufacturers lead times;
2021/04/21
Committee: IMCO
Amendment 127 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c b (new)
(cb) commitments should be defined and respected by all parties involved from manufacturers, supply chain stakeholders and authorities;
2021/04/21
Committee: IMCO
Amendment 130 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d
(d) the joint procurement shall not affect the internal market, shall not constitute discrimination or a restriction of trade and shall not cause distortion of competition, nor replace existing procurement procedures implemented by participating countries;
2021/04/21
Committee: IMCO
Amendment 132 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
(da) qualitative criteria beyond the lowest price shall be defined and be considered in the awarding process of the joint procurement bids;
2021/04/21
Committee: IMCO
Amendment 141 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 – introductory part
3. The Commission shall, in liaison with the Member States, ensure coordination and information exchange between the entities organizing and participating in any action, including, but not limited to joint procurement procedures, stockpiling and donation of medical countermeasures under different mechanisms established at Union level, in particular under:
2021/04/21
Committee: IMCO
Amendment 4 #

2019/2190(INI)

Motion for a resolution
Citation 5 a (new)
- having regard to the Position of the European Parliament adopted at first reading on 15 April2014 with a view to the adoption of Regulation (EU)No … /2014 of the European Parliament and of the Council on consumer product safety and repealing Council Directive87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council,
2020/05/20
Committee: IMCO
Amendment 8 #

2019/2190(INI)

Motion for a resolution
Citation 11 a (new)
- having regard to its resolution of 26 May 2016 on the single market strategy,
2020/05/20
Committee: IMCO
Amendment 9 #

2019/2190(INI)

Motion for a resolution
Recital A
A. whereas the single market for goods is one of the most important economic cornerstones of the EU, and trade in goods currently generates around a quarter of the EU’s GDP and three quarters of intra-EU trade and whereas the single market needs to be further equipped at its “external borders” with more effective, stronger and harmonized tools in order to detect unsafe products coming from third countries and prevent their circulation in the single market;
2020/05/20
Committee: IMCO
Amendment 15 #

2019/2190(INI)

Motion for a resolution
Recital B
B. whereas emerging technologies transform and improve the characteristics of products, and therefore need to be addressed so as to ensure consumer protection and legal certainty while at the same time not hindering innovation; whereas the Commission´s report on the safety and liability of artificial intelligence (AI), the internet of things (IoT) and robotics paves the way to achieving this;
2020/05/20
Committee: IMCO
Amendment 18 #

2019/2190(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas traceability of products along the supply chain is essential for improving the safety and protect consumers and whereas the indication of origin, and more specifically of the country of origin, are necessary elements that contribute to this aim;
2020/05/20
Committee: IMCO
Amendment 24 #

2019/2190(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the compliance with the EU regulatory framework, and in particular with product safety rules, contributes to guarantee the quality of the manufacturing process and ultimately the safety of products;
2020/05/20
Committee: IMCO
Amendment 55 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and robotics in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation; and ensuring consistency and coherence among all different initiatives;
2020/05/20
Committee: IMCO
Amendment 90 #

2019/2190(INI)

Motion for a resolution
Paragraph 7
7. Encourages the Commission to develop measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to micro enterprises and SMEs to reduce the burden such measures can create;
2020/05/20
Committee: IMCO
Amendment 106 #

2019/2190(INI)

Motion for a resolution
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime; calls for human oversight and effective checks on high-risk AI products to ensureall along the supply chain to ensure trust and product safety;
2020/05/20
Committee: IMCO
Amendment 112 #

2019/2190(INI)

Motion for a resolution
Paragraph 10
10. Encourages economic operatorproviders of emerging technologies to integrate safety mechanisms in emergingthese technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure safety throughout their lifecycle;
2020/05/20
Committee: IMCO
Amendment 128 #

2019/2190(INI)

Motion for a resolution
Paragraph 12
12. Is convinced that the cybersecurity threats of connected devices can compromise product safety, and that this needs to be addressed in the revision of the relevant rules in compliance with the applicable regulations, main security standards and considering also emerging cybersecurity trends;
2020/05/20
Committee: IMCO
Amendment 134 #

2019/2190(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to speed up its efforts to develop a European cybersecurity certification schemes covering all the product lifecycle for AI, IoT and robotics products, andlways taking into account sector specific aspects, and to assess whether to create mandatory certification schemes for specific consumer products that can be quickly updated to adapt to current risks without hindering innovation;
2020/05/20
Committee: IMCO
Amendment 143 #

2019/2190(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission, in the context of the Multiannual Financial Framework 2021-2027proposal, to provide increased and adequate resources for the new Single Market Programme[1],with the aim of effectively supporting Member States in their efforts to strengthen market surveillance and product safety crucial activities; Programme for Single Market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics 2021- 20272018/0231(COD)
2020/05/20
Committee: IMCO
Amendment 155 #

2019/2190(INI)

Motion for a resolution
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, track their origin and prevent their circulation in the internal market including for products sold online;
2020/05/20
Committee: IMCO
Amendment 177 #

2019/2190(INI)

Motion for a resolution
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls including on quality of the manufacturing process of products in compliance with the EU regulatory framework, and on the origin; calls on market surveillance authorities to undertake adequate checks on these products;
2020/05/20
Committee: IMCO
Amendment 197 #

2019/2190(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and customs authorities so as to enable the swift transfer of information on unsafe products and on quality checks of the manufacturing process of products coming from outside the EU that should be in compliance with the EU regulatory framework;
2020/05/20
Committee: IMCO
Amendment 201 #

2019/2190(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls on the Member States to strengthen their cooperation in order to harmonize both, governance and powers of the market surveillance authorities; insists that in order to avoid disproportionate burden and obstacles to business activity, this harmonization process has to be done taking into account the proportionality principle, especially concerning the powers exercised by the market surveillance authorities and their effective independence;
2020/05/20
Committee: IMCO
Amendment 235 #

2019/2190(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission and Member states to enhance the interrelation and interaction between national and EU databases on illegal unsafe products in order to create useful synergies and favour the information flow across the single market;
2020/05/20
Committee: IMCO
Amendment 239 #

2019/2190(INI)

Motion for a resolution
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackle the appearance of advertisements for unsafe products, provide reliable information to consumers and guarantee the quality of the manufacturing process of products in compliance with the EU regulatory framework, in order to protect consumers;
2020/05/20
Committee: IMCO
Amendment 247 #

2019/2190(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls on the Commission to consider and assess if a timely procedure for blocking the payments for unsafe products sold online, could be an effective tool for improving actions to contrast the online sale of unsafe products;
2020/05/20
Committee: IMCO
Amendment 258 #

2019/2190(INI)

Motion for a resolution
Paragraph 28
28. Emphasises that traceability along the supply chain is key to improving the safety of products, since clear and reliable information on productsand the quality of the manufacturing process of products incompliance with the EU regulatory framework, and the protection of EU consumers, since clear and reliable information on products, such as the mandatory indication of the country of origin, empowers consumers, including persons with disabilities, to make informed choices, and allows market surveillance authorities to carry out their activities; asks the Commission to update the rules for the traceability requirements of non- harmonised products accordingly;
2020/05/20
Committee: IMCO
Amendment 277 #

2019/2190(INI)

Motion for a resolution
Paragraph 30
30. Notes that consumers respond poorly to recalls, and that unsafe products continue to be used even though they have been recalled; asks the Commission to publish guidelines on recall procedures, including a check list with concrete requirements, in order to increase the number of consumers reached, while taking into account that recalls can create considerable challenges for SMEs, and in particular for micro enterprises;
2020/05/20
Committee: IMCO
Amendment 52 #

2019/2178(INI)

Motion for a resolution
Recital F
F. whereas the majority of the Mediterranean fishing fleet consists of small-scale artisanal fishing vessels, - over 84%, having a major impact on local economies - and whereas some fleets have shrunk significantly decreased in size;
2021/04/07
Committee: PECH
Amendment 55 #

2019/2178(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas for most coastal and island areas, small-scale fishing is a traditional form of fishing which is part of a lifestyle and provides a significant livelihood which calls for specific measures and support to allow it to grow and develop;
2021/04/07
Committee: PECH
Amendment 129 #

2019/2178(INI)

Motion for a resolution
Paragraph 5 – subparagraph 1 (new)
Asks the Commission to improve the labelling of fish products in order to provide consumers with clearer information regarding the origin of the product (EU or non-EU) and the standards applied in respect of capture and processing;
2021/04/07
Committee: PECH
Amendment 162 #

2019/2178(INI)

Motion for a resolution
Paragraph 9 – subparagraph 1 (new)
Considers it necessary to ensure the effective consolidation and development of existing marine protected areas and the involvement of fishers in the preparation and management phase;
2021/04/07
Committee: PECH
Amendment 166 #

2019/2178(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses that any protection goals should be based on the best available scientific advice;
2021/04/07
Committee: PECH
Amendment 177 #

2019/2178(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission, through its agencies, to step up its efforts to monitor EU territorial waters to identify third-country vessels fishing illegally in order to make the conditions in which EU fishers work safer and, where necessary, to provide these agencies with adequate funding;
2021/04/07
Committee: PECH
Amendment 327 #

2019/2166(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses the importance of actively involving all public associations, whether they be religious, sporting, cultural, educational or voluntary associations, in carrying out awareness-raising campaigns;
2021/03/02
Committee: JURIFEMM
Amendment 1 #

2019/2161(INI)

Motion for a resolution
Citation 1
— having regard to Article 3(2) and (3) of the Treaty on European Union (TEU), and to Article 4(2)(a), (d) and (k), and Articles 9, 153 and 15374 of the Treaty on the Functioning of the European Union (TFEU),
2021/02/24
Committee: PECH
Amendment 98 #

2019/2161(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. notes that the Illegal, Unregulated and Unreported (IUU) fishing in the maritime zones of the EU poses unfair competition for the European fishermen;
2021/02/24
Committee: PECH
Amendment 99 #

2019/2161(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. calls the European Commission to support the national authorities acquire systems in order to be able to identify and report IUU fishing activities;
2021/02/24
Committee: PECH
Amendment 142 #

2019/2161(INI)

Motion for a resolution
Paragraph 21
21. Points out that the movement of labour between Member States, and even from third countries to the EU, is increasing and that any generational renewal of labour in fisheries that this movement could lead to continues to be hampered by the absence of standardisation in training and certification systems for fishers;
2021/02/24
Committee: PECH
Amendment 220 #

2019/2161(INI)

Motion for a resolution
Paragraph 40 a (new)
40a. points out that there is substantial untapped potential in fishing tourism;
2021/02/24
Committee: PECH
Amendment 257 #

2019/2161(INI)

Motion for a resolution
Paragraph 46
46. Calls on the European Commission and the Member States to raise public awareness in Europe of the's schools and job search agencies on the employment opportunities and importance of fishing activities and the contribution made by of fishermen to food supply in Europe and the conservation of oceans and marine life, thereby debunking the preconception that fishermen are predators interested only in exploiting resources with no thought for the future;
2021/02/24
Committee: PECH
Amendment 13 #

2019/2160(INI)

Motion for a resolution
Citation 11 a (new)
- having regard to the Barcelona Convention for Protection of the Mediterranean Sea against Pollution, which was signed in 1976 and entered into force in 1978,
2020/11/13
Committee: PECH
Amendment 31 #

2019/2160(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas marine waste has negative morphological effects, particularly on islands;
2020/11/13
Committee: PECH
Amendment 118 #

2019/2160(INI)

Motion for a resolution
Paragraph 3 – point 1 (new)
(1) Calls on the Commission to ensure greater cooperation with third countries to ensure that those carrying out marine activities comply with the legislative framework;
2020/11/13
Committee: PECH
Amendment 167 #

2019/2160(INI)

Motion for a resolution
Paragraph 10
10. Calls for the eco-design of fishing gear to be supported through the swift adoption of guidelines on the development of harmonised standards for a circular economy for fishing gear; supports the marking of materials used in fishing gear and of finished products by means of product passports to be applied to all imported equipment, too; supports the promotion of research and innovation seeking to simplify the materials used in fishing gear, including polymers;
2020/11/13
Committee: PECH
Amendment 10 #

2019/2028(BUD)

Draft opinion
Paragraph 2
2. Considers that important efforts have been made up to now to increase sound scientific knowledge of marine biological resources. Although knowledge has improved, we are still far from optimum in order to provide for an appropriate assessment; considers that Union funds must therefore be increased for both international and Member States’ scientific research organisations to further improve the evaluation of stocks.
2019/08/28
Committee: PECH
Amendment 14 #

2019/2028(BUD)

3. Points out that more than half of the Union’s supply of fisheries products come from international waters and/or the exclusive economic zones of third countries; considers that adequate and reliable budgetary provisions must be calculated in the annual budget for 2020 in order to comply with the international fisheries agreement obligations and developing the Union's participation in regional fisheries management organisations.
2019/08/28
Committee: PECH
Amendment 25 #

2019/2028(BUD)

Draft opinion
Paragraph 5
5. Highlights that special importance should be granted in the 2020 budget to the financial resources designated to help the fleet to a smooth implementation of the landing obligation schemes.comply fully and more easily with landing obligation provisions, all of which are now in force;
2019/08/28
Committee: PECH
Amendment 29 #

2019/2028(BUD)

Draft opinion
Paragraph 6
6. Reiterates the importance of coastal andfunding for small artisanal fleet emphasises that sectors that represents nearly 75 % of all fishing vessels registered in the Union and employ nearly half of all employmentthose working in the fisheries sector; notes that operators from small- scale coastal fisheries are dependent on healthy fish stocks for their main source of income.calls for an increase in funding earmarked for these activities;
2019/08/28
Committee: PECH
Amendment 37 #

2019/2028(BUD)

Draft opinion
Paragraph 7
7. Calls on the Commission and Member States to help communities that depend on fisheries to diversify their economies into other maritime activities such as tourism, and help them to add more value to their fishing activities. by providing the necessary incentives for example;
2019/08/28
Committee: PECH
Amendment 43 #

2019/2028(BUD)

Draft opinion
Paragraph 8
8. RemarksEmphasises strongly that the adoption of the currentnew multiannual plans and the implementation of new technical meas(MAP), accompanied by restrictions for the protection of fisheries resources to contribute to achieving fishing at sustainable levels requires a robust control policy supported by adequate funds.(e.g. reduction of fishing days, geographical and temporal limitations etc.), requires significant injections of funding to keep undertakings afloat and prevent job losses;
2019/08/28
Committee: PECH
Amendment 46 #

2019/2028(BUD)

Draft opinion
Paragraph 8 a (new)
8a. Recalls the vital importance of social and economic measures to accompany management decisions to curtail fishing activities, so as to maintain adequate levels of sustainability;
2019/08/28
Committee: PECH
Amendment 50 #

2019/2028(BUD)

Draft opinion
Paragraph 9
9. HighlightsPoints out that the European Fisheries Control Agency (EFCA) plays a fundamental role in coordinating and implementing the CFP; points out that this should be reflected in its budget. and that funding should accordingly be maintained at current levels;
2019/08/28
Committee: PECH
Amendment 56 #

2019/2028(BUD)

Draft opinion
Paragraph 10
10. Draws attention to the decision of the United Kingdom to leave the Union which will have a certain impact on the implementation of the 2014-2020 EMFF; points out that “Brexit” means that the utmost importance needs to be given to the establishment of a new financial budgetary framework for the period 2021- 2027; considers that a higher degree of additional flexibilityconsiders that greater flexibility of the Union budget, accompanied by adequate support measures to offset the adverse impact of Brexit ofn the Union budget ifisheries nsecessary to cope with the new situation.tor will accordingly be necessary;
2019/08/28
Committee: PECH
Amendment 59 #

2019/2028(BUD)

Draft opinion
Paragraph 11
11. HighlightNotes that, six years after the adoption of the current Fund, the level of implementation of the 2014-2020 EMFF is still very low and that Commission and Member States must speed upit is therefore necessary to simplify the marranagements and control processes and alleviate the administrative burdenss much as possible, while maintaining effective control over public expenditure to ensure appropriate and timely benefits to the sector. and implement the CFP more effectively;
2019/08/28
Committee: PECH
Amendment 61 #

2019/2028(BUD)

Draft opinion
Paragraph 11 a (new)
11a. Draws attention to the need to step up funding for the Advisory Councils, given their greater commitment under Article 18 of Regulation (EU) No 1380/2013 to regionalisation policies, which are figuring more prominently in the multiannual management plans, as well as in the new regulation on 'technical measures';
2019/08/28
Committee: PECH
Amendment 62 #

2019/2028(BUD)

Draft opinion
Paragraph 11 b (new)
11b. Recalls the role played fishermen as 'guardians of the sea' and calls on the Commission to earmark adequate funding for measures to promote a combination of fishing and environmental conservation activities such as collecting plastics at sea, taking water samples or having researchers on board, thereby further reducing the impact on stocks;
2019/08/28
Committee: PECH