2470 Amendments of Tsvetelina PENKOVA
Amendment 1 #
2024/0016(CNS)
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the Communication from the Commission to the European Parliament, the Council, the European Social and Economic Committee and the Committee of the Regions on boosting startups and innovation in trustworthy artificial intelligence,
Amendment 2 #
2024/0016(CNS)
Proposal for a regulation
Citation 4 b (new)
Citation 4 b (new)
Having regard to the European Parliament report on increasing innovation, industrial and technological competitiveness through a favourable environment for startups and scale-ups,
Amendment 6 #
2024/0016(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) The new objective would allow the Joint Undertaking to perform activities in the domains of acquiring and operating AI- dedicated supercomputers or partitions of supercomputers to enable fast machine learning and training of large AI foundation models thus strengthening EU's competitiveness and industrial base in AI. The Joint Undertaking should also be allowed to create a new access mode to its computing resources for AI startups and scaleups with the aim of overcoming cost constraints and a lack of resource expertise, and the wider scientific community active in AI and to develop dedicated AI applications optimized to run on its supercomputers. Those changes would enable the Joint Undertaking to offer tailored computing power and services to nurture large-scale AI training and development and uptake in the Union, which is not feasible under the current Regulation.
Amendment 11 #
2024/0016(CNS)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Environmental impact assessment should be conducted together with a mitigation plan for high energy consumption when establishing the Artificial Intelligence supercomputing service infrastructure . Data centres should fully respect the Energy Efficiency Directive requirements as outlined in Article 12.
Amendment 24 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2021/1173
Article 2, point 3c
Article 2, point 3c
(3c) ‘Artificial Intelligence Factory’ means a centralised or distributed entity providing an Artificial Intelligence supercomputing service infrastructure which is composed of an Artificial Intelligence-dedicated supercomputer or Artificial Intelligence partition of supercomputer, an associated data centre, dedicated access and artificial intelligence- oriented supercomputing services and attracting and pool, pooling and retaining talent to provide the competences, skills and knowledge required in using the supercomputers for Artificial Intelligence;;
Amendment 26 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2021/1173
Article 3 – paragraph 2– point h
Article 3 – paragraph 2– point h
(h) to develop and operate the Artificial Intelligence Factories in support of the further development of a highly competitive and, innovative, trustworthy and ethical Artificial Intelligence ecosystem in the Union;
Amendment 33 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/1173
Article 4, paragraph 1, point h, subpoint (iii)
Article 4, paragraph 1, point h, subpoint (iii)
(iii) providing access to the Artificial Intelligence-dedicated supercomputers or EuroHPC supercomputers upgraded with Artificial Intelligence, including widening their use to a large number of public and private users, including startups, scale-ups and small and medium-sized enterprises;
Amendment 34 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/1173
Article 4 –paragraph 1, point h, new subpoint (iii a)
Article 4 –paragraph 1, point h, new subpoint (iii a)
(iii a) The opportunities offered by the AI Factories shall be widely communicated to startups and scale-ups and the research and innovation communities;
Amendment 37 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/1173
Article 4 – paragraph 1, point h, subpoint (iv)
Article 4 – paragraph 1, point h, subpoint (iv)
(iv) the operation of centralised or distributed Artificial Intelligence-oriented supercomputing service centres in support of the Artificial Intelligence startup and research and innovation ecosystem providing algorithmic support, support for the further development, training, testing, evaluation and validation of Artificial Intelligence training models and systems, and support for the development of emerging large-scale Artificial Intelligence applications in strategic areas such as health and care, climate change, roboticsaerospace, manufacturing, robotics, biotech, or connected and automated driving.
Amendment 41 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/1173
Article 4, paragraph 1, point h, subpoint (vii)
Article 4, paragraph 1, point h, subpoint (vii)
(vii) attracting, pooling, training and tretaining talent, as well as providing tailor-made coaching to develop their competences and, skills and knowledge in using the EuroHPC supercomputers for Artificial Intelligence;
Amendment 43 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/1173
Article 4, paragraph 1, point h, new subpoint (vii a)
Article 4, paragraph 1, point h, new subpoint (vii a)
(vii a) Specialised user support and training to EU scientists and experts in the field of AI shall be provided;
Amendment 54 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/1173
Article 9, paragraph 5, point g, subpoint (v)
Article 9, paragraph 5, point g, subpoint (v)
(v) existing capabilities and future plans of the hosting entity to contribute to the development, training and retention of the talent pool;
Amendment 61 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2021/1173
Article 9 – paragraph 6a
Article 9 – paragraph 6a
(6a) For the Artificial Intelligence dedicated supercomputers referred to in Article 12a, the hosting entity shall create a one-stop shop for the startups and scale- ups and other users to facilitate access to its support services.
Amendment 64 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2021/1173
Article 9 – new paragraph (6a a)
Article 9 – new paragraph (6a a)
(6a a) When establishing the Artificial Intelligence supercomputing service infrastructure environmental impact assessment shall be conducted and mitigation plan for high energy consumption shall be developed. Data centres shall fully respect EED requirements as outlined in article 12.
Amendment 71 #
2024/0016(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EU) 2021/1173
Article 16, paragraph 2b
Article 16, paragraph 2b
2b. The Governing Board shall define special access conditions for the Artificial Intelligence-dedicated supercomputers and the EuroHPC supercomputers upgraded for Artificial Intelligence capabilities in accordance with Article 17 taking into account the specific needs of the Artificial Intelligence startup and research ecosystem. This shall include dedicated access to startups and scale-ups. Only proposals for developing trustworthy and ethical Artificial Intelligence models, systems and applications that arein line with EU values shall be eligible for access.
Amendment 2 #
2023/2110(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regards to the European Innovation Council (EIC) established under the Horizon Europe Regulation (EU) 2021/695).
Amendment 8 #
2023/2110(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission has various initiatives in place aimed at promoting entrepreneurship, innovation and digital transformation in the EU, such as the start-up and scale-up initiative, eco- innovation scoreboard, Knowledge & innovation Communities (KICs), the European cluster collaboration platform, the digital decade and the digital single market strategy, ;
Amendment 10 #
2023/2110(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU is committed to improving its industrial and technological competitiveness in the global market and recognises the need to reinforce its position through sustained support for the growth of start-ups and scale-ups as those can foster innovation and further the objectives of green and digital transition;
Amendment 24 #
2023/2110(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission, in cooperation with the Member States, to propose harmonised and broad definitions of a start- up and a scale-up respectively, based on scalability and taking into account how they differ from one another and the clear distinction between them and SMEs;
Amendment 37 #
2023/2110(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that dedicated definitions will increase the opportunities for support through measures that are tailored to the specific needs and features of start-ups and scale-ups andby boosting their access to European capital markets and private investors; calls on the Commission to develop a comprehensive European start- up and scale-up strategy that promotes innovation and addresses the challenges faced by start-ups and scale-ups in the EU;
Amendment 39 #
2023/2110(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, in cooperation with the Member States, to assess how start-ups and a scale-ups respectively can contribute to the EU’s decarbonisation objectives and factor in their role in planning processes such as the National Energy and Climate plans
Amendment 40 #
2023/2110(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States, as part of the upcoming SME relief package, to identify ways to introduce further financial incentives aimed at promoting the adoption of technology by start-ups and scale-upnd explore synergies between national and European initiatives aimed at promoting technology innovation and dissemination by start-ups and scale-ups in the private and the public sectors;
Amendment 41 #
2023/2110(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States, as part of the upcoming SME relief package, to identify ways to introduce further financial incentivesand regulatory incentives (such as sandboxes) aimed at promoting the adoption of technology by start-ups and scale-ups;
Amendment 51 #
2023/2110(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to develop comprehensive policies, regulations and strategies that are aligned with the European start-up and scale-up initiative and foster a favourable environment for start-ups and scale-ups, encompassing access to finance and technology, regulatory simplification, talent retention and acquisition, and support for internationalisation; through the Digital Single Market.
Amendment 55 #
2023/2110(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is convinced that setting up the conditions for innovative businesses to operate in a simple, clear and predictable environment is key to secure their ability to grow and scale-up in the Internal market as the possibility to access a wider market will increase their ability to attract investors,
Amendment 58 #
2023/2110(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Is convinced of the need to raise the awareness about the importance of IP in boosting the development of start-ups;
Amendment 60 #
2023/2110(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Is of the view that the Unitary Patent reform is a good example of the way these principles shall be implemented in the interest of start-ups as it provides the latter with uniform protection across all participating countries on a one-stop- shop basis, thus reducing administrative burdens while a single jurisdiction will secure consistency in case law, So far more than 35% of the European EPO applicants that have requested the UP effect are SMEs, compared to 20% for ordinary European patents. Half of these SMEs are startups
Amendment 61 #
2023/2110(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on European and national decision-makers to secure that any initiative undertaken both at national and European level of the European Union are designed along these principles and calls on the Member states who have not ratified the unitary patent (UPC) agreement to do so.
Amendment 74 #
2023/2110(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the creation of the European Innovation Council Fund to support innovative start-ups; and bring new funding opportunities, ensuring that the processes to apply and the use of the EICF are startup-friendly
Amendment 76 #
2023/2110(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the critical role of start-ups and scale-ups in fostering innovation and technological advancement across various sectors, including digital technologies, artificial intelligence, clean energy, biotechnology, and advanced manufacturing
Amendment 77 #
2023/2110(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Acknowledges that according to the EPO’s Deep Tech Finder, more than 10% of the European start-ups that have applied for European patents have already benefited from EIC funding.
Amendment 84 #
2023/2110(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission and the Member States to assess the barriers which start-ups and scale-ups face in accessing finance and tailor funding application processes in a way that allows project developers to easily access finance.
Amendment 85 #
2023/2110(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to explore ways in which start-ups and scale- ups can be supported in follow-up planning for implementing the innovations they have developed.
Amendment 87 #
2023/2110(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the EU’s objectives concerning the Net Zero Industry Act2 and calls on the Commission to consider how additional fiscal incentives could be put forward forto increase the competitiveness of European start-ups and scale-ups, in order to encourage investments in net-zero technologies and participation in net-zero projects and facilitate the deployment of net-zero technologies in EU industrial green value chains; _________________ 2 Commission proposal of 16 March 2023 for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act) (COM(2023)0161).
Amendment 88 #
2023/2110(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission to enhance the funding mechanisms for start-ups and scale-ups, including public procurement and the provision of grants, loans and venture capital, and to explore the possibility of optimising and/or reorienting existing funds to target European start-ups and scale-ups more effectively, including special call for projects for deeptech and greentech and the possibility of establishing a dedicated European start-up and scale-up fund;
Amendment 97 #
2023/2110(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the European Investment Fund andBank group, including the European Investment Fund as well as national development banks to increase their investments in start-ups and scale- ups, particularly those operating in emerging and high-potential sectors;
Amendment 100 #
2023/2110(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission and the Member States to develop comprehensive plans and strategies on how to harvest technology innovation enabled by start- ups and scale-ups in order to promote competitiveness and reduce emissions.
Amendment 116 #
2023/2110(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission, where applicable, to establish entrepreneur-friendly tax regimes, incentives and simplified administrative procedures to attract and retain talent, incentivise investment and encourage entrepreneurship;, such as offering tax credits for R&;D, tax incentives for investments in innovation and sustainability, or a reduction in the tax burden in specific areas near research centres in order to create a healthy concentration of start-ups and expertise while simultaneously enhancing the competitive positioning of certain geographical areas, also within the framework of Smart Specialization Strategies.
Amendment 120 #
2023/2110(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission, where applicable, to establish entrepreneur and angel investors-friendly tax regimes, incentives and simplified administrative procedures to attract and retain talent, incentivise investment and scalability, and encourage entrepreneurship;
Amendment 122 #
2023/2110(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. invites the Member States to increase investments in training and education by creating study programs and courses focused on entrepreneurial and technological skills, while also integrating lifelong learning initiatives for entrepreneurs already active in the sector, particularly for scale-ups.
Amendment 123 #
2023/2110(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the significant impact late payments have on cash flow for start- ups and scale-ups and the use of digital solutions to facilitate increased invoice transparency and faster invoice payments
Amendment 127 #
2023/2110(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Member States to support initiatives that promote digital skills, cooperation, knowledge sharing, entrepreneurship and mentorship at all levels of education, equipping individuals with the necessary knowledge and competencies to thrive in the digital age;, including STEM skills; in this regard, calls for support for the development of mentoring and consulting programs to help start-ups and scale-ups effectively navigate the numerous post- financing challenges, such as resource management and strategic planning
Amendment 129 #
2023/2110(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission and the Member States to support initiatives that promote digital and industrial skills, cooperation, knowledge sharing, entrepreneurship and mentorship at all levels of education, equipping individuals with the necessary knowledge and competencies to thrive in the digital age, and allowing for the creation of a pan- European start-up visa;
Amendment 131 #
2023/2110(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges the Commission and the Member States to finance communication campaigns to promote the jobs in digital and industrial environments, with a specific focus on attracting more female talents in these sectors
Amendment 138 #
2023/2110(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of safeguarding the principle of non- discrimination, promoting diversity and inclusivity within the start-up and scale up ecosystem, ensuring equal opportunities for all, including young people, established professionals and underrepresented groups
Amendment 145 #
2023/2110(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends the establishment of regional start-up ecosystems that support local entrepreneurship, innovation hubs and incubators, and leverage each region’s strengths and resources; Recommends that such regional start-up ecosystems become a forum for ecosystem leaders to exchange ideas and best practices
Amendment 149 #
2023/2110(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes the success stories of start- up ecosystems in other regions, such as Silicon Valley, Tel Aviv, and Shenzhen, and the lessons learned from their experiences,
Amendment 150 #
2023/2110(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Encourages the Commission and Member State to put in place measures and initiatives that foster an innovation ecosystem by enhancing the cooperation between academia, national labs, larger businesses, funding agencies and enabling consortia building.
Amendment 156 #
2023/2110(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. As part of the Financial Data Access Framework, calls on the Commission to work with industry to establish consistent and harmonised standards for financial datasets and a framework ensuring a more trusted, efficient, and innovative financial data sharing across businesses, third parties and governments to promote sound financial management of small businesses
Amendment 158 #
2023/2110(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges the Commission to consider additional measures to ensure that start-ups and scale-ups are able to access and use data for research and to apply AI technology to solve day-to-day challenges, and that they benefit from the widest possible range of public and private data sets; to contribute to the objectives of the green and digital transitions
Amendment 163 #
2023/2110(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Encourages the Commission to ensure the swift, harmonised and effective implementation of recent digital regulations, notably the Digital Services Act, the Digital Markets Act, the Data Act and the upcoming Artificial Intelligence Act, to assess the financial and administrative costs imposed on start-ups and scale-ups to evaluate their impact and effectiveness.
Amendment 165 #
2023/2110(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourages the Commission to appoint start-up and scale-up contact points in relevant DGs to better coordinate dedicated policies
Amendment 169 #
2023/2110(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Implores the Commission to develop and adopt a ‘Start-up Test’, along the same lines as the SME Test that it adopted in 2021, in order to better assess the impact of legislation focusing on innovation, financing and competitiveness;, ensuring overregulation doesn’t disincentivise starting up in Europe.
Amendment 178 #
2023/2110(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Urges the Commission to accelerate the execution of its action plan for the Capital Markets Union to increase liquidity on European public markets and incentivise scale-ups to list on European stock exchanges.
Amendment 93 #
2023/2109(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that SMRsExplore the potential role of SMRs to play a significant role in decarbonising the European industry, haveing the potential to play a significant role in replacing fossil fuels17 ; _________________ 17 https://ec.europa.eu/eusurvey/runner/Europ eanSMRPrePartnership.rovide a firm baseload of clean electricity, heat and steam for the industry and households, as well as replacing fossil fuels as the baseload technology in Europe
Amendment 102 #
2023/2109(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the use of SMRs for low-carbon hydrogen production; Reminds that vast amounts of new electricity capacity is needed to ensure the required scale of hydrogen production to decarbonize EU.
Amendment 107 #
2023/2109(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises the potential role of SMRs for industrial heat and steam production;
Amendment 109 #
2023/2109(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the potential of SMRs for district heating;Explore the potential role of SMRs for district heating for heating and cooling supply need where other clean energy sources are not available. Reminds that heating and cooling constitute approximately half of all EU energy consumption, and majority of this is still covered by fossil fuels; Acknowledges that SMRs can provide decarbonized, low temperature heat to the district heating systems; Notes that SMRs can be designed to produce only heat and therefore operated at lower temperature and pressure.
Amendment 149 #
2023/2109(INI)
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Reminds that SMRs can support the integration of intermittent energy production to the system with flexible production.
Amendment 165 #
2023/2109(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that the implementation of appropriate and long-term contractual and financial mechanisms is needed to provide long-term predictability;
Amendment 170 #
2023/2109(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to launch a specific industrial strategy for SMRs that includes a focus on efficient permitting procedures, access to finance and stable supply chains;
Amendment 172 #
2023/2109(INI)
Motion for a resolution
Paragraph 16 – subparagraph 1 (new)
Paragraph 16 – subparagraph 1 (new)
Recognizes the necessity to protect the vulnerability of IT systems needed for functioning of SMR due to the risk of cyber-attacks; emphasizes that cybersecurity need to be considered as a fundamental part of overall nuclear security
Amendment 182 #
2023/2109(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that clear support from public authorities to guarantee the competitiveness of the SMR supply chain will be essential in enabling service providers to take a long-term view and accelerate their projects to meet the market window of opportunity;the importance of proactive anticipation, innovation and adaptation to effectively to meet SMR developers’ expectations in terms of fuel cycle and waste management; This includes recognizing the necessity for preparatory work to ensure the operational readiness of specific front-end fuel cycle requirements prior to the deployment of SMRs.
Amendment 192 #
2023/2109(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. RecognEmphasises that the business model of SMR producers will rely on the series effect of building a large number of similar SMRs in different countries; notes that design standardisation is key to unlocking the competitive advantages of mass productionkey success factor of SMRs is serial production, which would allow manufacturers to improve their processes and reduce costs;
Amendment 200 #
2023/2109(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises the need to identify the elements for establishing a European pre-licensing processCalls for the acceleration of the cooperation of national nuclear safety regulators to harmonize a pre-licensing process and standardization of SMR based on commonly accepted safety assessments in the licensing of the same SMR design;.
Amendment 207 #
2023/2109(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that regulatory bodies and national authorities should create the conditions to ease the licensing process of SMRs;
Amendment 216 #
2023/2109(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recognises the need to sufficiently explore and identify all possible options for financing European SMR production and scale up;
Amendment 249 #
2023/2109(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Emphasises that a robust, capable and reliable supply chain is critical for the success of mass-produceding SMRs;
Amendment 253 #
2023/2109(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recognises the importance of identifying the main challenges in adapting the value chain to the specific characteristics of SMRs compared with high-powerlarge reactors and the need for consultations both with vendors and a large number of supply chain suppliers;
Amendment 278 #
Amendment 279 #
2023/2109(INI)
Motion for a resolution
Paragraph 31 – point 1 (new)
Paragraph 31 – point 1 (new)
(1) Recognises the importance of refining existing training in key nuclear construction skills to align them with the unique requirements of SMRs, while also ensuring the prevention of skill shortages in areas under high demand;
Amendment 280 #
2023/2109(INI)
Motion for a resolution
Paragraph 31 – point 2 (new)
Paragraph 31 – point 2 (new)
(2) Underlines the importance of strategic workforce planning.
Amendment 281 #
2023/2109(INI)
Motion for a resolution
Paragraph 31 – point 3 (new)
Paragraph 31 – point 3 (new)
(3) Emphasises that such planning should be forward-looking and adaptable, taking into account the potential shifts in skill requirements for the deployment of SMRs, especially within the supply chain and for SMRs.
Amendment 290 #
2023/2109(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recognises the need to provide uniform rules regarding the responsibility of SMR owners for the safe handling and storage of radioactive waste, as well as for the recycling of spent nuclear fuel;
Amendment 44 #
2023/0323(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendarworking days both in B2B transactions and G2B transactions, where the public authority is the debtor. Electronic invoicing can be a helpful tool in this regard, as it would help creditors prove the date of receipt of the invoice in case of doubt or dispute.
Amendment 50 #
2023/0323(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Public authorities in particular should set an example of due payments for the rest of economic actors.
Amendment 63 #
2023/0323(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives. Particularly introducing effective measures to discourage not only late payment by public authorities, but also the awarding of contracts to companies that do not pay on time and in the manner prescribed by this Regulation. Furthermore, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.
Amendment 71 #
2023/0323(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To guarantee full payment of the amount due, it is important to ensure thatretention of title can be agreed for specific goods such as slow moving or seasonal goods. In such agreements, the seller retains the title to goods until they are fully paid for, if a retention of title has been expressly agreed between the buyer and the seller before the delivery of the goods.
Amendment 78 #
2023/0323(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To facilitate and ensure compliance with this Regulation, Member States should designate authorities responsible for its enforcement, which perform their duties and tasks in an objective and fair manner and ensure equal treatment of private undertakings and public authorities. Those enforcement authorities should carry out investigations on their own initiative, act on complaints, and be empowered, among other things, to impose sanctions and publish their decisions on a regular basis. The Commission shall oversee that enforcement authorities efficiently carry out the tasks conferred to them by this Regulation. In addition, for more effective enforcement, Member States should use digital tools to the extent possible.
Amendment 99 #
2023/0323(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation shall not apply to consignment agreements.
Amendment 120 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘late payment’ means payment not made within the contractual or statutory payment period as set out in Article 3 or a delay as set out in Article 5(1);
Amendment 131 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) ‘means of payment’ means the instrument used to settle the invoice, which will not entail a cost to the creditor as set out in Article 3(2).
Amendment 155 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendarworking days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 159 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
In the case of start-ups and micro undertakings, the payment period shall not exceed 60 calendar days in the first year of application of this Regulation.
Amendment 160 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In case of a dispute or doubt on the date of receipt of the invoice, the 30 working days payment period shall be deemed to have started 14 calendar days from the date of dispatch of the invoice.
Amendment 163 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Notwithstanding the rights and obligations conferred by this Regulation, the provisions of this Article shall not apply to contracts of consignment where a consignment contract refers to an agreement wherein a seller (consignor) entrusts goods to an individual or entity (consignee) for the purpose of selling them. The consignee, upon selling the goods, shall remit the agreed-upon price to the consignor, deducting an agreed-upon commission. Any unsold goods may be returned to the consignor, as stipulated in the consignment agreement. This exemption from this Regulation is specific to contracts of consignment and does not affect the applicability of other relevant laws or regulations.
Amendment 167 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. No means of payment for goods or services shall be used to alter the payment period.
Amendment 176 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration.
Amendment 213 #
2023/0323(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines and under the conditions set out inset out in Article 3 of this Regulation. The evidence mayshall take the form of a written declaration, which will include a certificate stating the date of receipt of payment by the subcontractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.
Amendment 265 #
2023/0323(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The following contractual terms and practices shall be prohibited. Any such terms and practices shall be null and void:
Amendment 287 #
2023/0323(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
A creditoseller shall retain title to goods until they are fully paid for if a retention of title such as consignment agreements or deposit of goods has been expressly agreed between the debtobuyer and the creditoseller before the delivery of the goods. Pursuant to Article 1(5), contracts in which a retention of title has been expressly agreed are not subject to the payment terms established under Article 3 of this Regulation.
Amendment 305 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for the enforcement of this Regulation (‘enforcement authority’). Member States shall provide this authority with appropriate human, technical and financial resources to carry out its tasks and enforce its powers efficiently.
Amendment 325 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension. The Commission shall oversee the effective cooperation of the enforcement authorities.
Amendment 330 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Enforcement authorities shall coordinate their activities including through exchange of information with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligationsas well as with those authorities responsible for the allocation of public funds, in order not to grant such funds to undertakings which are not in conformity with the payment terms set out in Article 3.
Amendment 359 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Creditors may address complaints either to the enforcement authority of the Member State in which they are established or to the enforcement authority of the Member States in which the debtor is established. The enforcement authority to which the complaint is addressed shall be competent to enforce this Regulation. The enforcement authority shall notify the creditor filing a complaint within 60 calendar days how it intends to follow up on the complaint.
Amendment 364 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the complainant so requests, tThe enforcement authority shall take the necessary measures for the appropriate protection of the identity of the complainant. The complainant shall identify any information for which it requests confidentiality.
Amendment 372 #
2023/0323(COD)
Proposal for a regulation
Article 15 – paragraph 7 a (new)
Article 15 – paragraph 7 a (new)
7a. European Commission shall design, through an implementing act, a standard complaint form available in all EU languages that shall be available on the website or otherwise provided by the enforcement authority in every Member State.
Amendment 385 #
2023/0323(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools, including factoring and financial literacy trainings are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
Amendment 388 #
2023/0323(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a European Observatory of late payment 1. The Commission shall set up an Observatory of Late Payment (The Observatory) by ... [OP: date of application of this Regulation]. 2. The Observatory shall monitor payment as well as late payment practices within the Union in order to collect and share expertise, best practices and identify potential harmful practices with a view to provide the Commission with advice and expertise on the evolution of payment and late payment practices. 3. The Observatory shall be able to issue opinions or written contributions related to the implementation of this Regulation. 4. The Observatory shall be chaired by the Commission and shall be composed of representatives of relevant experts and stakeholders. The composition of the board shall ensure a balanced representation of all interested stakeholders.
Amendment 392 #
2023/0323(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
By [OP: please insert the date = 43 years after the entry into force of this Regulation], the Commissionand 2 years thereafter, the Commission, with the input of the EU Payment Observatory, shall submit a report on the implementation of this Regulation to the European Parliament and the Council.
Amendment 22 #
2023/0081(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Any additional mobilisation of State aid should be targeted and temporary, and should be consistent with EU policy objectives such as the Green Deal and the Pillar of Social Rights. Projects of common European interest should also be aligned with these goals, and should have genuine European added value, which means that they should have a positive impact on more than one Member State;
Amendment 54 #
2023/0081(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Access to finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net- zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector. by giving investors and investee companies more harmonised information on what investments qualify as sustainable under the Taxonomy Regulation and the Sustainable Finance Disclosure Regulation, and by requiring financial institutions to exercise due diligence on their value chain. __________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020.
Amendment 73 #
2023/0081(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48 a) To provide long-term financing to the Green Deal Industrial Plan and support the achievement of the goals and objectives set in this Act, the Commission should explore the possibility to set up a large climate investment plan at EU level with a broadened scope. Building on this act, the future climate investment plan should support on the implementation of the European Green Deal and cover other areas and sectors such as buildings insulation, charging infrastructure, electricity grids and support to demand- side measures and households.
Amendment 101 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing finance. Member States should have access to sufficient funding to deliver the net-zero projects. Member States may use shares of their ETS revenuesto allocate to climate-related purposes as well as national and EU funds. Multiple sources of financing shall be made fully available such as unused amounts of the Recovery and Resilience Facility, dedicated support from the EU Innovation Fund, dedicated financing schemes from the European Investment Bank. More investments from the private sector shall be stimulated through dedicated state guarantees, especially when it comes to industrial investments in net-zero projects.
Amendment 104 #
2023/0081(COD)
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular its preamble and its Article 2(c)
Amendment 112 #
2023/0081(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Any additional mobilisation of state aid should be targeted and temporary, and should be consistent with EU policy objectives such as the Green Deal and the Pillar of Social Rights. Projects of strategic common European interest should also be aligned with these goals, and should have genuine European added value. Such financing should have an equal positive impact in all Member State and shall not lead to aditional desparities among Member States in line with the EU's competition and cohesion policies.
Amendment 115 #
2023/0081(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain, to the achievement of global climate objectives as well as to partner countries’ efforts to pursue twin transition and develop local value addition.
Amendment 116 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The European Commission may mobilise the InvestEU Advisory Hub to provide technical assistance to net-zero projects in order to reinforce their technical, economic, environmental and social viability.
Amendment 118 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2 b. Member States shall allocate resources and integrate measures supporting investments in strategic net- zero technologies manufacturing and industrial innovation under national Recovery and Resilience Plans, and their REPowerEU chapters, to pursue the objectives of this Act and to ensure that the targets set out in Article 1 are met.
Amendment 119 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
2 c. The activities referred to in paragraph 1 shall be fully in line with relevant EU objectives such as the European Green Deal and the EU pillar of social rights.
Amendment 120 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss and advise on financial needs and bottlenecks of net-zero strategic projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 125 #
2023/0081(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported from the Russian Federation. The REPowerEU plan 35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to boost substantially increase production of biomethaneinable biomethane production to 35 bcm by 2030. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 126 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) support through resources from the European Investment Bank Group or other international public financial institutions including the European Bank for Reconstruction and Development;
Amendment 134 #
2023/0081(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Net-Zero financing The Commission shall establish a Net Zero Manufacturing Fund, within three months after entry into force of this Regulation dedicated to supporting the financing of manufacturing projects of Net Zero Strategic Technologies with highest dependency on one single source of supply, in accordance with the list provided by the European Commission on an annual basis as outlined in Article 22(2).
Amendment 134 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, fission reactors including small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 137 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuelstechnologies to produce energy from nuclear processes and their related fuel cycle, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 148 #
2023/0081(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Union’s decarbonisation objectives, security of energy supply, digitalisation of the energy system and electrification of demand, for example in mobility and the need for fast recharging points, require an enormous expansion of electricity grids in the European Union, both at transmission level and at distribution level. At transmission level, high-voltage direct current (HVDC) systems are needed to connect offshore renewable energies; while at distribution level, connecting electricity providers and managing demand-side flexibility builds on investments in innovative grid technologies, such as electric vehicles smart charging (EVSC), energy efficiency building and industry automation and smart controls, advanced meter infrastructure (AMI) and home energy management systems (HEMS). The electricity grid needs to interact with many actors or devices based on a detailed level of observability, and hence availability of data, to enable flexibility, smart charging and smart buildings with smart electricity grids and small-scale flexibility services enabling demand -side response from consumers and the uptake of renewables. Connecting the net-zero technologies to the network of the European Union requires the substantial expansion of manufacturing capabilities for electricity grids in areas such as offshore and onshore cables, substations and transformers.
Amendment 158 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. Member States shall adjust their overall budgets allocated to renewable energy public procurement procedures and auctions as well as the related maximum bid levels in order to accommodate the implementation of non- price criteria.
Amendment 159 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3 b. No later than 6 months after the entry into force of this Regulation, the Commission shall provide a clear guidance on the concrete implementation on Art. 19 in combination with Article 20 of the Regulation, by providing: (a) a catalogue of concrete and technology-specific potential non-price criteria for renewable energy auctions. The catalogue shall differentiate between non-price criteria suitable for competitive bidding processes and non-price criteria suitable as prequalification requirements in renewable energy auctions; (b) a methodology on how to assess / evaluate tender’s contribution to sustainability and resilience referred to in Article 19 (2), point (a) and (d); (c) a methodology on how to assess / evaluate the cost differences referred to in Article 20 (3). The Commission shall evaluate the contribution of non-price criteria of this Regulation aiming at incentivising the innovation required for achieving the Union’s 2030 and 2050 energy and climate targets and report to the European Parliament no later than two years after the date of entry into force of this Regulation. If necessary, the Commission shall modify the contribution of non-price criteria in order to foster EU manufacturing, ensuring high environmental and sustainability standards, developing value chains across Europe and increasing EU businesses competitiveness at global level.
Amendment 164 #
2023/0081(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, especially innovative applications of geothermal heating and cooling for public, private and industrial use, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, facilitated access to data required for design, spatial planning and cost optimization, including subsurface data, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 173 #
2023/0081(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) To achieve the 2050 decarbonization objectives, all clean technologies that do not emit CO2 must be taken into account. In this respect, nuclear power is an energy source whose contribution to these objectives is recognized and undeniable. Currently supplying 50% of the low-carbon electricity produced in the Union, it is the leading low-carbon energy source in the EU. It is a high-performance sector and a source of employment, representing 1 million jobs. It also contributes to the European strategic autonomy and resilience.
Amendment 183 #
2023/0081(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage solutions for industry is confronted with a coordination failure. On the one hand, despite the growing CO2 price incentive provided by the EU Emissions Trading System, for industry to invest into capturing CO2 emissions making such investments economically viable, they face a significant risk of not being able to access a permitted geological storage site. On the other hand, investors into first CO2 storage sites face upfront costs to identify develop and appraise them even before they can apply for a regulatory storage permit. Transparency about potential CO2 storage capacity in terms of the geological suitability of relevant areas and existing geological data, in particular from the exploration of hydrocarbon production sites, can support market operators to plan their investments. Member State should make such data publicly available and report regularly in a forward-looking perspective about progress in developing CO2 storage sites and the corresponding needs for injection and storage capacities above, in order to collectively reach the Union-wide target for CO2 injection capacity. The development and use of the CO2 injection and storage capacity must be subject to strict environmental standards, and ethical safeguards, in line with Directive 2009/31/EC, while extending them beyond the storage process and apply across the whole value chain, including capture, removal and transport, as well as the development of such infrastructure.
Amendment 206 #
2023/0081(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most- cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demand. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 209 #
2023/0081(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Commission will ensure a continuous revision and extension of the CO2 injection capacity and storage target for the period post-2030 to reflect the needs of the Union to reach its 2040 climate target and climate neutrality by 2050 in synergy with other related EU legislation.
Amendment 213 #
2023/0081(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Union has helped build a global economic system based on open and rules-based trade, pushed for respecting and advancing social and environmental sustainability and climate transition standards, and is fully committed to those values.
Amendment 215 #
2023/0081(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero technology manufacturing capacity in the Union needs to expand. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy. 38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets. 39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European EcTo improve EU’s strategic autonomicy and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As perlessen its dependencies, the biomethane production should be scaled up in line with the REePowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022target to 35 bcm of by 2030. As a domestically available and stable energy source, it contributes to EU’s security of supply. The focus should be in sustainable production.
Amendment 226 #
2023/0081(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Considering these objectives together, while also taking into account that for certain elements of the supply chain (such as inverters, as well as solar cells, wafers, and ingots for solar PV or cathodes and anodes for batteries) the Union manufacturing capacity is low, the Union net-zero technologies annual capacity should aim at approaching or reaching an overall annual manufacturing benchmark of at least 40% of annual deployment needs by 2030 for the net-zero technologies listdefined in the Annex article 3.
Amendment 236 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way, reducing administrative burden and levelling the playing field with international competitors.
Amendment 245 #
2023/0081(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In addition, the Communication on the Green Deal Industrial Plan for the Net- Zero Age 42 sets out a comprehensive approach to support a clean energy technology scale up based on four pillars. The first pillar aims at creating a regulatory environment that simplifies and fast-tracks permitting for new net-zero technology manufacturing and assembly sites and facilitates the scaling up of the net-zero industry of the Union. The second pillar of the plan is to boost investment in and financing of net-zero technology production, through the revised Temporary Crisis and Transition Framework adopted in March 2023 and the creation of a European Sovereignty fund to preserve the European edge on critical and emerging technologies relevant to the green and digital transitions, in particular to provide resources for upstream research and innovation for strategic industrial projects to decarbonise hard to abate sectors in particular energy intensive industries supplying key raw materials and components for net zero technologies. The funding accessibility should be predictable, provided that clear predefined criteria are met, making both the development and implementation of new technologies and CCS, in combination with Direct Air Capture with Carbon Storage (DACCS), eligible for achieving net-zero at the installation level. The third pillar relates to developing the skills needed to make the transition happen and increase the number of skilled workers in the clean energy technology sector. The fourth pillar focuses on trade and the diversification of the supply chain of critical raw materials. That includes creating a critical raw materials club, working with like-minded partners to collectively strengthen supply chains and diversifying away from single suppliers for critical input. _________________ 42 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: A Green Deal Industrial Plan for the Net-Zero Age, COM/2023/62 final, 01.02.2023.
Amendment 257 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental, governance and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, compliance with human rights laws, EU governance rules and reporting obligations, innovation, system integration and to resilience.
Amendment 259 #
2023/0081(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) (26) Social sustainability criteria can already be applied under existing legislation and can include working conditions and collective bargaining in line with the European Pillar of Social Rights in line with Articles, 30 (3) of Directive 2014/23/EU, 18 (2) of Directive 2014/24/EU and 36 (2) of Directive 2014/25/EU. Contracting authorities should contribute to social sustainability by taking the appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex X of Directive 2014/23/EU, Annex X of Directive 2014/24/EU and Annex XIV of Directive 2014/25/EU43 . Public procurement contracts must include social clauses and where relevant apprenticeship clauses. _________________ 43 Commission Notice "Buying Social - a guide to taking account of social considerations in public procurement (2nd edition)", C(2021) 3573 final.
Amendment 263 #
2023/0081(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In hard-to-abate sectors, including energy-intensive industries, the number of commercially available and scalable net zero technologies is currently limited. For those net zero technologies already in use or in the early stages of development, major reductions in cost and improvements in performance will be needed. Therefore, investments in research and innovation both at Union and national level continue to be important. Together with joint and coordinated efforts across the Member States notably through the Strategic Energy Technology Plan, research and innovation activities increase the resilience of the Union’s clean energy sector. Moreover, net zero technologies that are at demonstration or prototype stage today also make significant contributions in the long term to the achievement of net-zero industries in the Union and should be supported through the net zero industry act Financial support should be provided irrespective of the number of technologies implemented over time, as long as the costs associated with implementing these technologies remain additional and cannot be fully transferred to customers. Half of the greenhouse gas emissions reductions expected by 2050 will require technologies that are not yet ready for the market, so research and innovation activities are a crucial component to increase the EU’s technological sovereignty and global competitiveness.
Amendment 284 #
2023/0081(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) When designing schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the AnnexArticle 3 of this Regulation, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, should ensure the respect of the Union’s international commitments, including by ensuring that schemes do not reach a magnitude that causes serious prejudice to the interest of WTO members.
Amendment 293 #
2023/0081(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework and promoting European standards for key net zero technologies.
Amendment 295 #
2023/0081(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Access to finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital53 attracted by the growth potential of the net- zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector by giving investors and investee companies more harmonised information on what investments qualify as sustainable under the Taxonomy Regulation and the Sustainable Finance Disclosure Regulation, and by requiring financial institutions to exercise due diligence over their value chain. _________________ 53 Commission Staff Working Document Identifying Europe's recovery needs Accompanying the document Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020.
Amendment 298 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certaiAppropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Econditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third-country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with highomic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes as well as national and EU funds, unused amounts from the Recovery aind intenResitlies and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.nce Facility, dedicated support from the EU Innovation Fund, dedicated financing schemes from the European Investment Bank, as well as dedicated state guarantees to private capital for strategic industrial investments
Amendment 306 #
2023/0081(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Several Union funding programmes, such as the Recovery and Resilience Facility, InvestEU, cohesion policy programmes or the Innovation Fund with the specific role of the European Hydrogen Bank acting as a one-stop-shop for EU funding supporting the entire renewable hydrogen value chain, are also available to fund investments in net-zero technology manufacturing projects.
Amendment 307 #
2023/0081(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Several Union funding programmes, such as the Recovery and Resilience Facility, InvestEU, cohesion policy programmes or the Innovation Fund with the specific role of the European Hydrogen Bank acting as a one-stop-shop for EU funding supporting the entire renewable hydrogen value chain, are also available to fund investments in net-zero technology manufacturing projects.
Amendment 316 #
2023/0081(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategic projectsprojects in all regions, especially in less developed andregions, transition regions and Just Transition Funds territories, through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and, up to 60% or 70% for transition regions and 40% to 50% for more developed regions, depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategic projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 320 #
2023/0081(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council57 to encourage the take up of net-zero strategic projects in less developed and transition regions through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero strategic projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. _________________ 57 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 322 #
2023/0081(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Innovation Fund also provides a very promising and cost efficient avenue to support the scaling up of manufacturing and deployment of renewable hydrogen and other strategic net zero technologies in Europe, thus reinforcing Europe’s sovereignty in key technologies for climate action and energy security. In the case of renewable hydrogen, the European Hydrogen Bank should support the production of renewable hydrogen and act as the main entity coordinating financial support for the manufacturing of fuel cells and electrolysers.
Amendment 323 #
2023/0081(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Innovation Fund also provides a very promising and cost efficient avenue to support the scaling up of manufacturing and deployment of renewable hydrogen and other strategic net zero technologies in Europe, thus reinforcing Europe’s sovereignty in key technologies for climate action and energy security. In the case of renewable hydrogen, the European Hydrogen Bank should support the production of renewable hydrogen and act as the main entity coordinating financial support for the manufacturing of fuel cells and electrolysers.
Amendment 330 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund wshould provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including strategic net- zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids. seek to safeguard cohesion and the Single Market against risks caused by unequal availability of State Aids. The European Sovereignty Fund should be based on additional funding under the mid-term review of the EU Multiannual Financial Framework. In addition, the Commission should explore the development of a new bond issuance program at EU level. The European Sovereignty Fund shall offer a toolbox of financial instruments (loans, guarantees, equity, etc) to support capital and operational expenditures of clean technology manufacturing in the EU in order to overcome barriers to production scale-up.
Amendment 339 #
2023/0081(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) To overcome the limitations of the current fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, and Member States should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. The Net-Zero Europe Platform has a key role to play to build a comprehensive view of available and relevant funding opportunities and to discuss the individual financing needs of net-zero strategic projects.
Amendment 340 #
2023/0081(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) To provide long-term financing to the Green Industrial Plan and support the achievement of the goals and objectives set in this Act, the Commission should explore the possibility to set up a large climate investment plan at EU level with a broadened scope. Building on this act, the future climate investment plan should support on the implementation of the European Green Deal and cover other areas and sectors such as buildings insulation, charging infrastructure, electricity grids and support to demand- side measures and households.
Amendment 345 #
2023/0081(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensure the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keeping the administrative burden on project promoters to a minimum. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
Amendment 348 #
2023/0081(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technologies manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net-Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. In order to ensure that net-zero manufacturing projects and Net-Zero Projects can be treated with priority, Member States shall ensure that the competent authorities are adequately equipped and staffed.
Amendment 356 #
2023/0081(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Given their role in ensuring the Union’s security of supply for net-zero technologies, and their contribution to the Union’s open strategic autonomy and the green and digital transition, responsible permitting authorities should consider Net- Zero Strategic Projects to be in the public interest. Based on its case-by-case assessment, a responsible permitting authority may conclude that the public interest served by the project overrides the public interests related to nature and environmental protection and that consequently the project may be authorised, provided that all relevant conditions set out in Directive 2000/60/EC, Directive 92/43/EEC and Directive 2009/147/EC63 are met. _________________ 63 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 366 #
2023/0081(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) In order to ensure clarity about the permitting status of Net-Zero Strategic Projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that Net-Zero Strategic Projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defence.
Amendment 371 #
2023/0081(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Net-zero technology manufacturing projects undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory- size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net Zero Strategic Projects the length of the permit- granting process should not exceed twelve months for facilities with a yearly production output of more than 1 GW, and 9 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen months for facilities with a yearly production output of more than 1 GW, and twelve months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologies, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halved.
Amendment 376 #
2023/0081(COD)
(56) In addition, given the importance of Net Zero Strategic Projects for the Union’s energy supply certain administrative restrictions should be partly lifted or simplified to speed up their implementation.
Amendment 378 #
2023/0081(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
Amendment 384 #
2023/0081(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62a) Member States may designate Net- Zero Industry Valleys as areas that are particularly suitable to develop net-zero manufacturing projects and projects, in order to further accelerate permitting procedures and allocate financial support. When designating Net-Zero Industry Valleys, Member States shall respect the 'Do No Significant Harm' principle and should not establish valleys in designated Natura 2000 areas or areas protected by the Nature Restauration Regulation. Member States can designate Net-Zero Industry Valleys specific for one or more types of net-zero technologies and should indicate the type or types of projects that are suitable for each Net-Zero Industry Valley. When allowing companies to set up projects in Net-Zero Industry Valleys, Member States shall assess the compliance of these companies with the highest social standards, including wages, trade union promotion and education programmes. Member States and the Commission should furthermore ensure financial support including through the European Social Fund, Just Transition Fund, European Regional Development Funds and Single Market Programme.
Amendment 389 #
2023/0081(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The scaling up of European net- zero technology industries requires significant additional skilled workers which implies important investment needs in re-skilling and upskilling, including in the field of vocational education and training. The creation of quality jobs should cover a wide range of sectors including both skilled and unskilled workers and as such contribute to a qualification of the entire workforce not leaving anyone behind. This should contribute to the creation of quality jobs in line with the targets for employment and training of the European Pillar of Social Rights. The energy transition will require a significant increase in the number of skilled workers in a range of sectors, including renewable energy and energy storage, and has a great potential for quality job creation. The skill needs for the fuel cell hydrogen sub-sector in manufacturing alone are estimated at 180.000 trained workers, technicians and engineers by the year 2030, according to the Commission’s European Strategic Energy Technology Plan65 . In the photo- voltaic solar energy sector, up to 66.000 jobs would be needed in manufacturing alone. The European network of employment services (EURES) is providing information, advice and recruitment or placement for the benefit of workers and employers, including across internal market borders. _________________ 65 European Commission, Directorate- General for Research and Innovation, Joint Research Centre, The strategic energy technology (SET) plan, Publications Office, 2019, https://data.europa.eu/doi/10.2777/04888.
Amendment 393 #
2023/0081(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to boost the activation of more people to the labour market, notably women and young people not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important. This means investing in skills and in quality job creation required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategic projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
Amendment 399 #
2023/0081(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of financing, access to markets and skills as well as regulatory sandboxes for innovative net-zero technologies regulatory sandboxand other innovative technologies. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.
Amendment 413 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. 1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zero technologies and promoting their use in their upstream and downstream value chains, as well as the roll-out of existing and new applications and infrastructures in the Union to support the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and to strengthen the international competitiveness of those technologies and the relevant value chains and to ensure the Union’s access to a secure and sustainable supply of net-zero technologies, needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 426 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of the strategic net- zero technologies listed in the AnnexArticle 3 of this Regulation and their components as well as machinery required for their manufacture and entire supply chain approaches or reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets;
Amendment 447 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
Amendment 451 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)
Article 1 – paragraph 2 – point b b (new)
bb) The creation of quality jobs.
Amendment 452 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b c (new)
Article 1 – paragraph 2 – point b c (new)
bc) international competitiveness of the range of of net-zero technologies and related value chains and activities contributing to them;
Amendment 454 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Where, based on the report referred to in Article 35, the Commission concludes that the Union is likely not to achieve the objectives set out in paragraph 1, it shall assess the feasibility and proportionality of proposing measures or exercising its powers at Union level in order to ensure the achievement of those objectives. In particular, the Commission shall assess the possibility of establishing more granular targets for key technologies and components in order to ensure the achievement of those objectives, including by means of a Delegated Act.
Amendment 458 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Where, based on the report referred to in Article 35, the Commission concludes that the Union is likely not to achieve the benchmarks set out in paragraph 1, the Net Zero Europe Platform shall propose recommendations to the Commission with the aim of ensuring the achievement of the objectives.
Amendment 464 #
2023/0081(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to net-zero technologies, along their supply chains, going from processed materials, and components to net zero technologies except for Articles 26 and 27 of this Regulation, which apply to innovative net- zero technologies. and other innovative technologies with potential to enable the transition to a climate neutral, clean economy and reduce strategic dependencies. Within six months after the adoption of this regulation, upon consultation of relevant stakeholders, the European Commission shall adopt an implementing act identifying key components for the manufacture of net zero technologies Raw materials processed materials or components falling under the scope of Regulation (EU) …/… [add footnote with publication references of the Critical Raw Materials Regulation] shall be excluded from the scope of this Regulation.
Amendment 481 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; such as wind, solar (solar thermal and solar photovoltaic) and geothermal energy; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cell; biogas and biomethane technologies; electrolysers and fuel cells, hydrogen refuelling stations, filling centres and liquefiers; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in- class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies and circular economy technologies including recycling technologies with associated CO2 transport infrastructure and grid technologies . They refer to the final products, specific components and specific machinery primarily used for the production of those products along the entire value chain. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in DirectivThe technologies where the (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final has a clear competitive advantage and could support the full value supply chain independently should be prioritised.
Amendment 483 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; technologies to produce energy from nuclear processes and their related fuel cycle and which contribute to climate change mitigation either through compliance with the emission threshold of 100g CO2/kWh or within the meaning of Article 10(1) of Regulation (EU) 2020/852 of the European Parliament and of the Council; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. _________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 520 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small part of a net-zero technology that is manufactured and traded by a company starting from processed materials; or a direct industrial upstream process that belongs to the value chain of the net zero technology.
Amendment 530 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘innovative net-zero technologies’ means technologies which satisfy the definition of ‘net-zero technologies’, except that they have not reached a technology readiness level of at least 8, and that comprise genuine innovation which helps achieve the objectives of this Regulation through improved energy or resource efficiency, sustainability, circularity or reduced carbon impact, and which are not currently available on the market and are advanced enough to be tested in a controlled environment.
Amendment 535 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) 'other innovative technologies’ means technologies with potential to enable the transition to a climate neutral, clean economy and reduce strategic dependencies, which comprise genuine innovation not currently available on the European market and which are advanced enough to be tested in a controlled environment.
Amendment 550 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘net-zero technology manufacturing and deployment project’ means a planned industrial facility or extension or repurposing of an existing facility manufacturing net-zero technologies; or value chains making use of the net zero technologies
Amendment 555 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) ‘net-zero technology end-use project’ means a planned facility or extension or repurposing of an existing facility utilising one or more net-zero technologies to supply more than 60% of the energy needs of the an industrial, SME, district or, where relevant, a domestic user;
Amendment 560 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘net-zero strategic project’ means a net-zero technology manufacturing project or a net- zero technology end-use project located in the Union that complies with the criteria set out in Article 10;
Amendment 563 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘permit granting process’ means a process covering all relevant administrative permits to plan, build, expand and operate net-zero technology manufacturing projects, net-zero technology end-use projects, or other stages of the downstream value chain related to the net-zero technology uptake, including building, chemical and grid connection permits and environmental assessments and authorisations where these are required, and encompassing all administrative applications and procedures from the acknowledgment of the validity of the application toreceipt of the project application to the national competent authority until the notification of the comprehensive decision on the outcome of the procedure by the responsible national competent authority; or the relevant grid operator;;
Amendment 569 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘project promoter’ means any undertaking or consortium of undertakings developing a net-zero technology manufacturing project or a net-zero strategic project;
Amendment 573 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘net-zero regulatory sandbox’ means a scheme that enables undertakings to test innovative net-zero technologies and other innovative technologies in a controlled real-world environment, under a specific plan, developed and monitored by a competent authority.
Amendment 582 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injection capacity’ means the annual amount of CO2 that can be injected in an operational geological storage site, including saline aquifers, permitted under Directive 2009/31/EC, provided with the means of capturing and transporting CO2 to the site, and with the purpose to reduce emissions or increase carbon removals, in particular from large scale industrial installations and which is measured in tonnes per annum;
Amendment 592 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) 'quality jobs' means a work providing good wages, ensuring work security via standard employment contract and access to social protection, giving access to good quality lifelong learning opportunities, securing good working conditions in safe and healthy workplaces, including a reasonable working time with good work-life balance, while ensuring trade union representation and bargaining rights.
Amendment 596 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s b (new)
Article 3 – paragraph 1 – point s b (new)
(sb) 'hydrogen compressors' means a technology for compressed hydrogen transport via pipelines as well as for hydrogen liquefaction facilities
Amendment 597 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s c (new)
Article 3 – paragraph 1 – point s c (new)
(sc) New ‘net-zero technology integration project’ means a project building a new industrial facility or a project making changes to an existing industrial facility, that requires the retrofitting of existing production units or/and the integration of new process technologies to use, or increase the use of, net-zero technology final products, which leads to a reduction or avoidance of greenhouse gas emissions from the industrial facility;
Amendment 598 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s d (new)
Article 3 – paragraph 1 – point s d (new)
(sd) “value chain” means activities related to the production of goods or the 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 upstream and downstream established business relationships of the company.
Amendment 599 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. ‘‘renewable fuels of non-biological origin technologies” (RFNBO) means the technological equipment central to the deployment of RFNBOs across the value chain, including hydrogen compressors, hydrogen refuelling stations and hydrogen storage tanks;
Amendment 600 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend this article in order to adapt the elements and evidence to be taken into account when assessing the definitions set out in the definition of net- zero technologies to technical and scientific progress or to take into account changes to the Union legislation, or the adoption of additional Union legislation or international instruments relevant for the fulfilment of this provision.
Amendment 601 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. 'Net-zero enabling technologies means the following list of technologies: 1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Suitable alternative fuels biogas/biomethane technologies 7. Carbon capture utilisation and storage (CCUS) technologies 8. Grid technologies The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend this list in order to take into account technical and scientific progress, the competitiveness of the European businesses at global level or to take into account changes to the Union legislation, or the adoption of additional Union legislation or international instruments relevant for the fulfilment of this provision.
Amendment 602 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority or one authority per competent region which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, and relevant net-zero technology end-use projects, and integration projects including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 613 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national or regional competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information. The European Commission and the InvestEU Advisory Hub shall provide technical and financial support to the national competent authorities and Member States to carry out the permit- granting process.
Amendment 633 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national or regional competent authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit- granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 641 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national or regional competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 654 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8 a (new)
Article 4 – paragraph 8 a (new)
Amendment 655 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8 b (new)
Article 4 – paragraph 8 b (new)
8b. The European Commission and the InvestEU Advisory Hub shall provide technical and financial support to the national competent authorities and Member States to carry out the permit- granting process.
Amendment 656 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8 c (new)
Article 4 – paragraph 8 c (new)
8c. Member States shall consider increasing direct support to the national competent authority under national Recovery and Resilience Plans.
Amendment 657 #
2023/0081(COD)
Proposal for a regulation
Article 4 – paragraph 8 d (new)
Article 4 – paragraph 8 d (new)
8d. The national competent authority shall specify and make available the detailed requirements and extent of information requested of a project developer before the permit-granting process commences. It shall also specify the maximum time required to come to a final decision.
Amendment 663 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Member States shall provide the following information on administrative processes relevant to net-zero technology manufacturing projects, including net zero strategic projects, online and in a centralised and easily accessible manner:
Amendment 722 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. The duration of the permit- granting process shall not include the time for the administrative stages necessary for significant upgrades and expansions of the grid required to ensuring grid stability, grid reliability, and grid safety.
Amendment 732 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 9 a project is recognised as net- zero project in the meaning of Art. 3(1) and Art. 11, the timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 30 days.
Amendment 736 #
2023/0081(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The Member States shall ensure that their national competent authorities and other authorities pursuant to Article 6(1) of Directive 2011/92/EU are adequately equipped to fulfil its obligations under this Article.
Amendment 740 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net- zero technology manufacturing projects, including net-zero strategic projectsprojects and all the necessary infrastructure. Priority shall be given to artificial and built surfaces, with access to existing infrastructure, such as electricity grids and district heating networks, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 757 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, that combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan potentially prevent a water body from achieving good status or good potential or cause deterioration of status or of potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment.
Amendment 763 #
2023/0081(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 766 #
2023/0081(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Amendment 770 #
2023/0081(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Selection criteriaCriteria for recognition of Net- Zero Projects
Amendment 772 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annex on Assessment of the recognition criteria for Strategic Projects, and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of, fulfilling the criteria listed in Annex on Assessment of the recognition criteria for Strategic Projects , of this Regulation under the condition that the project promoter complies with applicable obligations in the fields of social and labour law established by international, EU or national law and his obligations under Articles 4, 5, 6, 7, 8 and 15 of Directive 2022/0051(COD) and Article 19a of Directive (EU) 2022/2464, and meet the following criteria:
Amendment 785 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point i
Article 10 – paragraph 1 – point b – point i
(i) it adds significant manufacturing capacity in the Union for net-zero technologies or related components along their supply chain and fosters the ability to compete in increasingly global markets, both at home and abroad, and to build competitive advantage for the EU in key sectors;
Amendment 790 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point ii
Article 10 – paragraph 1 – point b – point ii
(ii) it manufactures technologies with improved sustainability and performance, taking utmost account of cost-efficient energy efficiency technologies in line with the “energy efficiency first principle”;;
Amendment 793 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii
Article 10 – paragraph 1 – point b – point iii
(iii) it puts into place measures to attract, upskill or reskill a workforce required for net-zero technologies, including through apprenticeships, in close cooperation withtraineeships, continuing or post graduate academic education in close cooperation with regional and local authorities and social partners;
Amendment 797 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii a (new)
Article 10 – paragraph 1 – point b – point iii a (new)
(iiia) it is implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, and meaningful engagement with local communities and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;
Amendment 801 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive low- carbon , sustainable, resource-efficient, and circular manufacturing practices, including waste heat recovery.
Amendment 809 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iva) it contributes to increasing the competitiveness of SMEs
Amendment 812 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv b (new)
Article 10 – paragraph 1 – point b – point iv b (new)
(ivb) it is implemented sustainably, in particular as regards the monitoring, prevention and minimisation of environmental impacts, the use of socially responsible practices including respect of human and labour rights, and meaningful engagement with local communities and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery
Amendment 826 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall recognise as net-zero strategic projectsprojects CO2 capture projects, and CO2 infrastructure projects necessary for the transport of captured CO2 to CO2 storage sites, and CO2 storage projects that meet the following cumulative criteria:
Amendment 830 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the CO2 storage site is located in the territory of the Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS); and the CO2 storage project contributes to reaching the objective set out in Article 18;
Amendment 835 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the CO2 storage project contributes to reaching the objective set out in Article 18and infrastructure project has applied for a permit for the safe and permanent geological storage of CO2 in accordance with Directive 2009/31/EC;
Amendment 839 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) the CO2 storagcapture project has applied for a permit fand the CO2 infrastructure projects necessary to transport the safe and permanent geological storage of CO2 in accordance with Directive 2009/31/ECcaptured CO2 to CO2 storage sites meet the conditions set out in Article 18 (6)(a).
Amendment 844 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) for CO2 carbon capture and transport projects, the projects aims to capture, transport and store the CO2 in a CO2 storage project identified in points (a), (b) and (c)
Amendment 850 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Net-zero technology manufacturing projects corresponding to a technology listed in the AnnexArticle 3 of this Regulation located in ‘less developed and transition regions’ and Just Transition Fund Territories and eligible for funding under cohesion policy rules, shall be recognised by Member States as net- zero strategic projects under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).
Amendment 855 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. A net-zero technology manufacturing project located in the Union that contributes to the realisation of the objectives set out in Article 1(1) and that either benefits from the ETS Innovation Fund, or is part of Important Projects of Common European Interest, European Hydrogen Valleys, or of the Hydrogen Bank, when the funds support investment in manufacturing capacities corresponding to a technology listed in the AnnexArticle 3 of this Regulation , shall be recognised by Member States as net- zero strategic project under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).
Amendment 857 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The fulfilment of the recognition criteria set out in paragraph 1 shall be assessed by the Commission in accordance with the elements and evidence set out in Annex on Assessment of the recognition criteria for Projects. The Commission is empowered to adopt delegated acts in accordance with Article 33 to amend the definition of net-zero and strategic net-zero technologies as set in Art. 3 in order to adapt the elements and evidence to be taken into account when assessing the fulfilment of the recognition criteria set out in paragraph 1 to technical and scientific progress or to take into account changes to the Union legislation, or the adoption of additional Union legislation or international instruments relevant for the fulfilment of this provision.
Amendment 860 #
2023/0081(COD)
4b. The recognition of a project as a Strategic shall not affect the requirements applicable to the relevant project or project promoter under international, Union or national law.
Amendment 865 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State.
Amendment 867 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) a business plan evaluating the financial viability of the project consistent with the objective of creating quality jobs. This business plan shall contain an agreement between the company and workers’ representatives, in accordance with national law and practice, to provide adequate re-skilling for the employees concerned. The wage level agreed upon in this business plan should reflect the prevailing pay level in the industry.
Amendment 881 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Where the Commission or a Member State finds that a net-zero strategic project has undergone substantial changes or that it no longer fulfils the criteria set out in Article 10(1) or 10(3), or where its recognition was based on an application containing incorrect information, it shall inform the project promoter concerned. After hearing the project promoter, the Member State may repeal the decision granting a project the status of net-zero strategic project.
Amendment 883 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Projects which are no longer recognised as net-zero strategic project shall lose all rights connected to that status under this Regulation.
Amendment 885 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. The Commission shall set up and maintain an openly available registry of net-zero strategic projects.
Amendment 888 #
2023/0081(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Priority status of net-zero strategic projects
Amendment 891 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treated in the most rapid way possible in accordance with Union and national law.
Amendment 894 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Without prejudice to obligations provided for in Union law, Member States shall grant net-zero strategic projects the status of the highest national significance possible, where such a status exists in national law, and be treated accordingly in the permit- granting processes including those relating to environmental assessments and if national law so provides, to spatial planning.
Amendment 898 #
2023/0081(COD)
3. Net-zero strategic projects shall be considered to contribute to the security of supply of strategic net-zero technologies in the Union and therefore to be in the public interest. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)I of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, net-zero strategic projects in the Union shall be considered as being of public interest and may be considered as having an overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 901 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. All dispute resolution procedures, litigation, appeals and judicial remedies related to net-zero strategic projects in front of any national courts, tribunals, panels, including mediation or arbitration, where they exist in national law, shall be treated as urgent, if and to the extent to which national law provides for such urgency procedures and provided that the normally applicable rights of defence of individuals or of local communities would be respected Project promoters of net-zero strategic projects shall participate in such urgency procedure, where applicable.
Amendment 903 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States shall ensure that the relevant administrative bodies are adequately resourced and staffed to respond within the applicable time limits to future requests.
Amendment 909 #
2023/0081(COD)
Proposal for a regulation
Article 13 – title
Article 13 – title
Duration of the permit-granting process for net-zero strategic projects
Amendment 911 #
2023/0081(COD)
1. The permit-granting process for net-zero strategic projects shall not exceed any of the following time limits:
Amendment 917 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) 9 months for the construction of net-zero strategic projects with a yearly manufacturing capacity of less than 1 GW;
Amendment 921 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) 12 months for the construction of net-zero strategic projects, with a yearly manufacturing capacity of more than 1 GW;
Amendment 932 #
2023/0081(COD)
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. The duration of the permit- granting process shall not include the time for the administrative stages necessary for significant upgrades and expansions of the grid required to ensuring grid stability, grid reliability, and grid safety.
Amendment 933 #
2023/0081(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 939 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net- zero strategic projects facing difficulties in accessing finance. Member States should have access to sufficient funding to deliver the net-zero projects. Member states may use shares of their ETS revenues that they have to allocate for climate-related purposes as well as national and EU funds. Multiple sources of financing should be made fully available such as unused amounts of the Recovery and Resilience Facility, dedicated support from the EU Innovation Fund, dedicated financing schemes from the European Investment Bank. More investments form the private sector should be stimulated through dedicated state guarantees, especially when it comes to industrial investments in net-zero projects.
Amendment 947 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States may allocate resources and integrate measures supporting investments in strategic net- zero technologies manufacturing and industrial innovation under national Recovery and Resilience Plans, and their REPowerEU chapters, to pursue the objectives of this Regulation and to ensure that the targets set out in Article 1 are met.
Amendment 952 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative support to net-zero strategic projectsprojects, in particular involving SMEs, to facilitate their rapid and effective implementation, including by providing:
Amendment 965 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The European Commission may mobilise the InvestEU Advisory Hub to provide technical assistance to net-zero projects in order to reinforce their technical, economic, environmental and social viability.
Amendment 967 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategicprojects, the contribution to emissions saving, the social impact, the impacts on re- and upskilling of the workforce, the use of national ETS revenues to advance strategic net zero technology projects, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges and reccomendations of the Net-Zero Industry Expert Group and with the relevant European industrial alliances.
Amendment 980 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. If a net zero expert group according to Art 29 (7) a is established the discussion based on Art 15 (1) the reccomendations of the Net-Zero Industry Expert Group and relevant European industrial alliances should be included.
Amendment 988 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategic project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 996 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The Commission shall propose to the Council and Parliament no later than 31 December 2024 means of coordinating the various sources of public funding for net-zero projects from the EU and Member States with the object of accelerating their deployment.
Amendment 1000 #
2023/0081(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article15a Net-Zero financing The Commission shall establish a Net Zero Manufacturing Fund, within three months after entry into force of the legislation dedicated to supporting the financing of manufacturing projects of Net Zero Strategic Technologies with highest dependency on one single source of supply, in accordance with the list provided by the European Commission on an annual basis as outlined in Art 22 (2)
Amendment 1021 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Every two year after the entry into force of the Regulation, the European Commission shall report on the progress achieved towards the EU annual injection capacity target. The report shall look in particular at the geographical balance of storage sites across the EU.
Amendment 1027 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
By the 1st January 2026, and as part of its 2040 climate change target plan, the European Commission shall propose a 2040 annual injection capacity target.
Amendment 1028 #
2023/0081(COD)
Proposal for a regulation
Article 16 – paragraph 1 c (new)
Article 16 – paragraph 1 c (new)
After the entry into force of this regulation, the Commission shall assess the introduction of post-2030 targets for CO2 storage to contribute to the EU 2040 climate target and climate neutrality by 2050.
Amendment 1033 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) make publicly available data on areas where CO2 storage sites can be permitted on their territory. , considering the full scope of viable options and geologies.
Amendment 1042 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council71 on their territory to make publicly available all, in areas where CO2 storage sites can be licensed or permitted, to make publicly available on a non-reliance basis all raw geological data relating to production sites that have been decommissioned or whose decommissioning has been notified to the competent authority. _________________ 71 Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3).
Amendment 1045 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) make publicly available data on areas where CO2 capture facilities and transportation pipelines can be permitted on their territory.
Amendment 1050 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) CO2 capture projects in progress and an estimation of the corresponding needs for injection and storage capacities and CO2 transport;
Amendment 1055 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) CO2 storage and transport projects in progress on its territory, including the status of permitting under Directive 2009/31/EC, expected dates for Final Investment Decision (FID) and entry into operation;
Amendment 1063 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the national support measures that couldhave and will be adopted to prompt projects referred to in points (a) and (b).;
Amendment 1065 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) the national support measures to ensure that the CO2 storage and transport projects respect the principles of third- party access, ownership unbundling, non- discriminatory tariffs and transparency, as defined in Directive 2009/73/EC;
Amendment 1069 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c b (new)
Article 17 – paragraph 2 – point c b (new)
(cb) bilateral agreements made to facilitate cross-border transportation of CO2.
Amendment 1070 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c c (new)
Article 17 – paragraph 2 – point c c (new)
(cc) CO2 transportation projects in progress and an estimation of the necessary future CO2 transport projects’ capacity to match the corresponding capture and storage capacity;
Amendment 1073 #
2023/0081(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Should the report referred to in paragraph 2 show that no CO2 storage projects are in progress on their territory, Member States shall report on plans to facilitate the decarbonisation of industrial sectors faced with unavoidable CO2 emissions. This should include cross- border transport of CO2 to storage sites located in other Member States, as well as CO2 utilisation projects.
Amendment 1090 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a (new)
Article 18 – paragraph 1 – point a (new)
(a) Entities holding an authorisation as defined in paragraph 1 shall be able to meet their individual contribution to the Union-wide target for available CO2 injection capacity through making available injection capacity in storages located in countries outside the EU, where bilateral agreements between the EU and that country provide for this.
Amendment 1091 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b (new)
Article 18 – paragraph 1 – point b (new)
(b) Member States shall take the necessary measures to facilitate and incentivize emitters to capture emissions, funding support for investors for needed infrastructure to transport CO2 to the storage site, and where needed direct funding of CO2 storage projects.
Amendment 1092 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c (new)
Article 18 – paragraph 1 – point c (new)
(c) Where CO2 is captured and transported in one Member State and transported and stored in other Member States, Member States shall coordinate measures stated in point (b). The European Commission shall ensure and facilitate such coordination through the establishment of CCS Regional Groupings.
Amendment 1111 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) confirm the entity's contribution, expressed in terms of targeted volume of new CO2 storage and injection capacity commissioned by 2030;ed in registered EU storage commissioned by 2030 and considering the full scope of geologies suitable as storage sites.
Amendment 1128 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
(b) enter into agreements with other entities referred to in paragraph 1, thereby considering the overall aim of increasing regional storage capacity across the EU;
Amendment 1129 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) enter into agreements with third party storage project developers or investors to fulfil their contribution. The CO2 infrastructure projects should respect the principles of third-party access, ownership unbundling, non- discriminatory tariffs and transparency, as defined in Directive 2009/73/EC.
Amendment 1157 #
2023/0081(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. To ensure a continuous and effective application over time of this contribution, the Commission shall: (a) three years after entry into force of the Regulation, assess the extension of the scope to other industry emitters operating in the EU, starting with oil and gas suppliers (b) three years after entry into force of this regulation, conduct an impact assessment to evaluate for which sources of carbon should be encouraged or precluded for the CO2 storage target, with the intention of aligning the permitted CO2 sources that will count towards fulfilling the obligations with the broader EU climate strategy. (c) on a rolling period basis, in line with reassessing the CO2 injection capacity target, recalculating the pro-rata contributions of oil and gas producers and suppliers based on their share in the Union’s crude oil and natural gas production.
Amendment 1167 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the AnnexArticle 3 of this Regulation in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound and the Energy Efficiency 1st principle as defined in Directive 2021/0203(COD).
Amendment 1180 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) social and environmental sustainability going beyond the minimum requirements in applicable legislation including job quality criteria, mechanisms to incentivise quality apprenticeship, measures to improve diversity at work as well as the respect of collective agreements and trade unions' right to negotiate;
Amendment 1192 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b a (new)
Article 19 – paragraph 2 – point b a (new)
(ba) social sustainability aiming at ensuring high-quality jobs, incentivising quality apprenticeship and providing supporting measures to improve diversity at work as well as the respect of collective agreements and trade unions' right to negotiate;
Amendment 1193 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b b (new)
Article 19 – paragraph 2 – point b b (new)
(bb) respect for the EU acquis; human rights, rule of law & democracy;
Amendment 1194 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b c (new)
Article 19 – paragraph 2 – point b c (new)
(bc) EU governance rules and reporting obligations;
Amendment 1195 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b d (new)
Article 19 – paragraph 2 – point b d (new)
(bd) contribution to decent wages and working conditions including and where relevant inclusion of apprenticeships.
Amendment 1197 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) where applicable, the tender’s contribution to the energy system integration and energy efficiency;
Amendment 1242 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States may adjust their overall budgets allocated to public procurement procedures as well as the related maximum bid levels in order to accommodate the implementation of non- price criteria.
Amendment 1246 #
2023/0081(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Facilitating access to finance for hard-to- abate industries 1. The Commission and the Member States shall facilitate access to finance for the decarbonisation of hard-to-abate industries supplying raw materials and components for Net-zero Projects for all of the following activities: (a) accelerating investment, including leveraging funding from both public and private sectors. (b) Coordinating support and exploring synergies with Net zero resilience projects or decarbonisation technologies facing difficulties in accessing finance. 2. Through the Net Zero Industry Platform, the Commission and the Member States shall identify financial needs and bottlenecks and potential best practices, notably based on regular exchanges with the relevant industrial alliances. 3. To reach security of supply in the Union, Member States may provide financial support to encourage breakthrough decarbonisation technologies for hard-to-abate industries supplying low carbon raw materials and components eligible to Net Zero Resilience Projects. Such support shall be designed to address remaining financing gaps for Net Zero Projects and may include: (a) guarantees to decrease borrowing costs and reduce risk at an early stage of project development. (b) measures aimed at de-risking agreements with off-takers, including supporting off- takers established in the Union to sign off-take agreements with Net-Zero Resilience Projects.
Amendment 1251 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 4 of Directive (EU) 2018/2001 and Articles 107 and 108 the Treaty, and to the Union’s international commitments including the GPA and other international agreements by which the Union is bound, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall assess the sustainability, job quality and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001.
Amendment 1252 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 15% and 30% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria set under State aid rules. When selecting, designing and implementing the concrete non-price criteria as part of the sustainability and resilience contribution, technology- specific characteristics need to be taken into account and effectively addressed.
Amendment 1272 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Member States shall adjust their overall budgets allocated to renewable energy public procurement procedures and auctions as well as the related maximum bid levels in order to accommodate the implementation of non- price criteria.
Amendment 1274 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3b. No later than 6 months after the entry into force of this Regulation, the Commission shall provide a clear guidance on the conrete implementation on Art. 19 in combination with Art. 20 of the regulation, by providing: (a) a catalogue of concrete and technology-specific potential nonprice criteria for renewable energy auctions.The catalogue shall differentiate between non-price criteria suitable for competitive bidding processes and non- price criteria suitable as prequalification requirements in renewable energy auctions. (b) a methodology on how to assess / evaluate tender’s contribution to sustainability and resilience referred to in Art. 19 (2), point (a) and (d) (c) a methodology on how to assess / evaluate the cost differences referred to in Art. 20 (3) The Commission shall evaluate the contribution of non-price criteria of this Regulation aiming at incentivising the innovation required for achieving the Union’s 2030 and 2050 energy and climate targets and report to the European Parliament no later than two years after the date of entry into force. If necessary, the Commission shall modify the contribution of non-price criteria in order to foster EU manufacturing, ensuring high environmental and sustainability standards, developing value chains across Europe and increasing EU businesses competitiveness at global level.
Amendment 1280 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the AnnexArticle 3 of this Regulation , Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources
Amendment 1305 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall make available and regularly update a list of eachall of the net-zero technology final products listed in the Annexcomponents, materials and machinery, listed in Article 3 of this Regulation , broken down by the share of Union supply originating in different third countries in the last year for which data is available. The Commission and the Net-Zero Europe Platform shall consult industrial stakeholders’ associations and industrial players to this end.
Amendment 1313 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The Commission shall support, including through the provision of seed- funding, and building upon relevant existing initiatives such as the EU sectoral skills blueprints, and after consultation with European and national cross- sectoral social partners, the establishment of European Net Zero Industry Academies, which have as their objectives to:
Amendment 1318 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) develop learning programmes, content and learning and training materials for training and educationin full respect of national competences on vocational training as defined in Article 166 TFEU, support Member States to develop learning and re- skilling programmes, content and learning and training materials for training and education in support of the existing programmes in Member States and with the support of social partners on developing, producing, installing, commissioning, operating, maintaining and recycling net- zero technologies along the entire value chain, on raw materials, as well as to support the capacities of public authorities competent to issue permits and authorisations referred to in Chapter II and contracting authorities referred to in Chapter IV of this Regulation;
Amendment 1322 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) enable and promote the use of the learning programmes, content and materials by public and private education and training providers in the Member States bridging research and innovation, possibly building on existing Horizon Europe projects, among others by training trainers, involving citizens and develop mechanisms to ensure the quality of the training offered by education and training providers in the Member States based on the above learning programmes, content and materials;
Amendment 1328 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. European Net Zero Industry AcademiesThe supporting training material and programmes developed by the European Net Zero Industry Academies will contribute to the overall EU objectives of gender equality and labour market activation and shall counter gender stereotypes and pay particular attention to the need to activate more women and young people, who are not in education, employment or training for the labour market.
Amendment 1334 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. provide dedicated training on upskilling and re-skilling of personnel from permitting bodies in so far as to support the growing needs of national or regional authorities for highly qualified workforce in order for them to deliver on the shortened deadlines listed in this regulation.
Amendment 1348 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 6
Article 25 – paragraph 1 – point 6
(6) promote adequatecent wages and working conditions in jobs in net-zero technology industries, and the activation of youth, women and seniors to the labour market for net- zero technology industries, and the attraction of skilled workers from third countries, and thereby achieve a more diverse workforce;
Amendment 1356 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States including local and regional authorities, may at their own initiative establish net-zero regulatory sandboxes, allowing for the development, testing and validation of innovative net- zero technologies and other innovative technologies considered useful to reach the objectives set in Art. 1 paragraph 1, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member States shallmay establish nNet-z Zero regulatory sandboxes in close collaboration with industry and research institutes in accordance with paragraph 1 at the request of any company developing innovative net- zero technologies, and other innovative technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 1366 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) eligibility and selection for participation in the net-zero regulatory sandboxes;. Particular attention should be given to energy intensive industries supplying raw materials and components of net zero technologies supply chains, as they still need further research and innovation to further decarbonise
Amendment 1371 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The participation in the net-zero regulatory sandboxes shall not affect the supervisory and corrective powers of the authorities supervising the sandbox. The testing, development and validation of innovative net-zero technologies and other innovative technologies shall take place under the direct supervision and guidance of the competent authorities. The competent authorities shall exercise their supervisory powers in a flexible manner within the limits of the relevant legislation, adapting existing regulatory practices and using their discretionary powers when implementing and enforcing legal provisions to a specific net-zero regulatory sandbox project, with the objective of removing barriers, alleviating regulatory burden, reducing regulatory uncertainty, and supporting innovation in net-zero technologies.
Amendment 1375 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where relevant to achieve the objective of this article, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the EU and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testing of innovative net-zero technologies and other innovative technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall only approve the sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.
Amendment 1393 #
2023/0081(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The InvestEU Advisory Hub should be mobilised to provide assistance to small and medium enterprises in benefiting from the permitting and financing conditions necessary to contribute to the achievements of the objectives set in Article 1.
Amendment 1400 #
2023/0081(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Platform mayshall advise and assist the Commission and Member States in relation to their actions to reach the objectives outlined in Chapter I of this Regulation, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/199975 . _________________ 75 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (Text with EEA relevance.), (OJ L 328, 21.12.2018, p. 1)in defining clear criteria for selecting future technologies that enable the net-zero transition.
Amendment 1443 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Platform shall be composed of Member States and of, the Commission and relevant industry stakeholders. It shall be chaired by a representative of the Commission.
Amendment 1455 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. The Platform may establish standing or temporary sub-groups dealing with specific questions and tasks. The sub- groups related to the assistance of the European Net Zero Industry Academies shall include the relevant social partners as well as stakeholders from the most affected industries.
Amendment 1469 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, tThe Platform or the Commission mayshall invite experts and other third parties such as trade unions and civil society organisations to Platform and sub- group meetings or to provide written contributions.
Amendment 1494 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c a (new)
Article 31 – paragraph 2 – point c a (new)
(ca) the participation of SMEs in net- zero projects and net-zero technology manufacturing
Amendment 1497 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point h a (new)
Article 31 – paragraph 2 – point h a (new)
Amendment 1504 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
7. On the basis of the draft permit applications submitted pursuant to Article 10 of the Directive 2009/31/EC and on the reports submitted pursuant to Articles 17(2) and Article 18(4) and 18(6) of this Regulation, the Commission shall monitor the progress towards reaching the Union- wide target for CO2 injection capacity referred to paragraph 1 point (b) of this Article and shall report annually to the European Parliament and the Council. To this aim, the Commission shall create a centralised public database of all available data related to CO2 storage in the EU to contribute to map CO2 storage sites and monitor the achievement of the overall target set in article 16.
Amendment 1506 #
2023/0081(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article31a Setting up the Cleantech Manufacturing for Europe Initiative The Commission shall establish Cleantech Manufacturing for Europe Initiative to enable the development, maturation, and deployment of cutting- edge and next generation of manufacturing technologies and to support technology capacity building and large-scale innovation across the EU to strengthen and sustain EU’s competitiveness in manufacturing of critical net-zero technologies and their scaling. The Cleantech Manufacturing for Europe Initiative shall include the following operational objectives: the development of technology infrastructures and to allow for rapid experimentation and disruptive innovation; and the development and strengthening of industry-driven value networks involving research institutes and public sector stakeholders to pool resources for joint investment in RDI, designing of regulatory sandboxes and scaling of net- zero technologies. Ensuring that sufficient EU funds will be targeted towards the implementation of the Cleantech for Europe Initiative in the context of the midterm review of MFF 2021-2027.
Amendment 1523 #
2023/0081(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex Assessment of the recognition criteria for Net-Zero Projects 1.Whether a project fulfils the criterion referred to in Article 10(1), point (b), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments: (a) [OP please insert:reference to the Corporate Sustainability Due Diligence Directive], in so far as it applies to the project promoter; (b) [OP please insert:reference to Corporate Sustainability Reporting Directive], in so far as it applies to the project promoter; (c) ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy; (d) OECD Due Diligence Guidance for Responsible Business Conduct, in particular the guidelines related to combatting corruption; (e) OECD Principles of Corporate Governance; (f) OECD Guidelines for Multinational Enterprises; (g) UN Guiding Principles on Business and Human Rights.
Amendment 1525 #
2023/0081(COD)
Proposal for a regulation
Annex I – table 1
Annex I – table 1
Amendment 50 #
2023/0042(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) To compete on a global scale, the European Industry must be ready to face the challenges and to provide the proper infrastructure. For these reasons, a widely available and reliable network of public charging points is required to support the ever-increasing number of electric vehicles on the road, as outlined in the EU-US technical recommendations, published under the EU-US Trade and Technology Council. Therefore, the European Union and the United States renewed their commitment to develop a standardised charging vision for electric heavy-duty vehicles
Amendment 61 #
2023/0042(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Due to the heterogeneous structure of the total truck fleet, it is not possible to fully predict whether for all niche uses, technological developments will be quick enough to ensure that zero-emission tailpipe technology is a viable choice. This may include uses such as long-haul heavy- duty vehicles in specific territorial morphology and meteorological circumstances and in case of natural disaster or for national security reasons, coaches and lorries for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. The vehicles in question should constitute a limited share of the entire heavy-duty vehicle fleet. In view of such considerations, some margin in the 2040 target should be left to accommodate developments in technology yet to occur.
Amendment 62 #
2023/0042(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) European Union has to continue to accelerate the reduction of CO2 emissions and achieve reduction in emissions in every sector, every year. To reach the ambitious targets of this regulation, like the interim targets 2030 and 2035, and the final goal of 90 per cent 2040 onwards (as per the 90% emission reduction target) for new heavy- duty vehicles (from 2040 onwards), also biofuels and renewable fuels of non- biological origins (RFNBO) such as hydrogen derivatives, need to play an important role in the transition. To pave the way for electric or hydrogen zero emission vehicles and to create a steady clear regulation for market demand, it is important to set the ambitious goal of 90 per cent for 2040, as currently only 1-2% of heavy-duty trucks sold are battery electric vehicles. To reduce the emissions as soon as possible, sustainable biofuels and RFNBOs can be an effective and sustainable alternative along with RES and ETS.
Amendment 66 #
2023/0042(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) As the new regulation is implemented, it will also create possibilities for new technologies to emerge. Technologies such as sensors that can detect what type of fuel is used during refuelling of a heavy-duty vehicle can be utilized for a more accurate picture of what fuel is used at any given time. This can benefit especially the acceleration stage of reducing CO2 emissions since sensors can be used to monitor the use of biofuels and RFNBOs.
Amendment 76 #
2023/0042(COD)
Proposal for a regulation
Recital 21 – paragraph 1 a (new)
Recital 21 – paragraph 1 a (new)
Tractors of all the largest combinations exceeding 70 tonnes are typically used for long-haul distances and need to be classified in a specific sub-group, as their CO2 emission calculation needs to be adjusted to their specific characteristic, to take into account their actual payload and correct driving cycle.
Amendment 84 #
2023/0042(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) From 1 January 2040, all newly registered heavy-duty motor vehicles equipped with internal combustion engines should exclusively run on CO2 neutral fuels.
Amendment 198 #
2023/0042(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1242
Article 3 b – paragraph 2 – first part
Article 3 b – paragraph 2 – first part
Member States may decide to exclude from the obligation under this Article a limited share of the urban buses registered in each reporting period, confirming that the purpose of the vehicle cannot be equally served by a zero-emission vehicle and it is thus in the public interest to register a non- zero emission vehicle to fulfil that purpose, due to socio-economic cost-benefit in view of specific territorial morphology or meteorological circumstances and for national security reasons or to face national disaster such as floods.
Amendment 1 #
2022/2203(INI)
Motion for a resolution
Citation 9
Citation 9
— having regard to the Council conclusions of 18 June 2019, 25 March 2020, 14 December 2021, 18 July 2022 and 13 December 2022 on enlargement and the stabilisation and association process,
Amendment 3 #
2022/2203(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the outcomes of the first intergovernmental conference with North Macedonia of 19 July 2022 and EU's Negotiating Framework,
Amendment 50 #
2022/2203(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas there has been an increasing number of incidents on ethnic and political grounds, including an attempt to set on fire the premises of the Bulgarian Cultural Club in Bitola in June 2022 and a violent assault against the secretary of the Bulgarian Cultural Club “Tsar Boris III” in January 2023,
Amendment 51 #
2022/2203(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas a number of Bulgarian citizens and journalists willing to enter North Macedonia on the occasion of the ceremony for the 151st anniversary of the birth of Gotse Delchev, a shared national hero for both countries, were denied entry into the country at border crossing points,
Amendment 52 #
2022/2203(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas following a controversial naming of the Bulgarian Cultural Club in Bitola, which opened in April 2022, North Macedonia amended the Law on Associations and Foundations in November 2022, effectively de-registering the association,
Amendment 53 #
2022/2203(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Amendment 60 #
2022/2203(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas progress towards advancement of accession negotiations will be measured against a set of criteria and requirements laid down in the Negotiating Framework, among which North Macedonia’s commitment to good neighbourly relations and the implementation in good faith of bilateral agreements, including the Prespa Agreement with Greece and the Treaty on Good Neighbourly Relations with Bulgaria of 2017,
Amendment 66 #
2022/2203(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the start of the accession negotiations process and the holding of the first Intergovernmental Conference, which is a clear recognition of North Macedonia’s consistent commitment to EU integration, which has been underpinned by steady progress on guaranteeing democracy, the rule of law and fundamental rights, while moving towards cross-cutting policy alignment;
Amendment 97 #
2022/2203(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern about the unjustified delays inof the accessstart of the negotiation process; stresses the need to strengthen the process’s transparency, accountability and inclusiveness, including its parliamentary dimension;
Amendment 171 #
2022/2203(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes North Macedonia’s commitment to upholding civil liberties and fundamental rights; welcomes its progresall efforts towards eliminating all types of discrimination and ensuring equality; regrets the increasing number of instances of hate speech, hate crimes and intimidation towards minorities and other vulnerable groups on ethnic and political grounds;
Amendment 180 #
2022/2203(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the authorities to step up the protection of minorities and other vulnerable groups and the prosecution ofevention, identification, investigation and prosecution of perpetrators of hate speech, hate crimes, as well as domestic and online abuse and to improve services for the victims of violence; welcomes changes to the Criminal Code of North Macedonia, covering crimes related to violence against women and the safety of journalists and insists on the need to strengthen North Macedonia’s anti-discrimination commission and Ombudsman’s office;
Amendment 260 #
2022/2203(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. CNotes with concern the recent backsliding of bilateral relations between North Macedonia and Bulgaria; calls for calm, dignity and maturity in bilateral relations, urges regional partners to restore trust and cooperate with mutual respect and in the spir; recalls that good neighbourly relations and the implementation in good faith of gbilateral agreements including the Prespa Agreement with Greece and Treaty on Good nNeighbourliness; y Relations with Bulgaria of 2017 remain an integral and essential element of the enlargement process;
Amendment 262 #
2022/2203(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Commends the encouraging progress, albeit on a limited scale and set of issues, within the Joint Multidisciplinary Commission of Experts on Historical and Educational Issues between Bulgaria and North Macedonia on key historical figures for both countries; underlines the importance of consistent commitment from experts from both sides, regardless of political dynamics and rhetoric, and ensuring steady progress in finding common ground and adopting recommendations on outstanding historical issues;
Amendment 264 #
2022/2203(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Invites the policymakers and the societies of Bulgaria and North Macedonof North Macedonia and Bulgaria to assume joint responsibility and to restore the positive agenda between the two countries in the spirit the of the Treaty of Friendshipn Good Neighbourly Relations of 2017; expresses support for continued diplomatic and societal dialogue to resolve bilateral grievances in good faith; reiterates that statements or actions with a controversial and provocative nature may negatively impact good neighbourly relations and incite animosity between and within societies; warns both countries against politicising efforts and initiatives for restoring civil society dialogue, cultural cooperation, inclusivity and representation; encourages all institutions concerned in both countries to actively contribute to this endeavour, as any frictions and provocative actions risk undermining achieved progress and further delaying the EU accession process;
Amendment 277 #
2022/2203(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports efforts to reach an agreement on constitutional changes that would include additional communities in the preamble of the North Macedonia’s constitutionInvites further efforts from North Macedonia’s policymakers, both in government and opposition, to fulfil commitments made upon the start of the negotiations process and reach an agreement on constitutional changes that would include and recognise additional citizens living within the borders of North Macedonia, such as Bulgarians, in the relevant provisions of North Macedonia’s constitution, ensuring all recognised minorities stand on an equal footing;
Amendment 311 #
2022/2203(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes the need to fill in transport connectivity gaps by improving planning and administrative and operational capacity and by making progress on new and unfinished core infrastructure projects, including Rail and Road Pan-European Transport Corridor VIII;
Amendment 2 #
2022/2013(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the general comments on the CRPD as the authoritative guidance on its implementation, in particular General Comment No.2 - Article 9: Accessibility (adopted on 11 April 2014);
Amendment 3 #
2022/2013(INI)
Motion for a resolution
Citation 12
Citation 12
— having regard to Regulation (ECU) No 1371/20072021/782 of the European Parliament and of the Council of 23 October9 April 200721 on rail passengers’ rights and obligations4 , _________________ 4 OJ L 315, 3.12172, 17.5.200721, p. 14.
Amendment 4 #
2022/2013(INI)
Motion for a resolution
Citation 18
Citation 18
— having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)8 as amended8a, _________________ 8 OJ L 95, 15.4.2010, p. 1. 8a Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (OJ L 303, 28.11.2018, p. 69).
Amendment 8 #
2022/2013(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
— having regard to Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air1a, _________________ 1a OJ L 204, 26.7.2006, p. 1
Amendment 10 #
2022/2013(INI)
Motion for a resolution
Citation 26 b (new)
Citation 26 b (new)
— having regard to Commission Regulation (EU) No 1300/2014 of 18 November 2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility1a , _________________ 1a OJ L 356, 12.12.2014, p. 110.
Amendment 11 #
2022/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas persons with disabilities have equal rights on an equal basis with others in all fields of life and have the inalienable rights to dignity, equal treatment, independent living, autonomy and full participation in their communitiessociety, which benefits all levels of society;
Amendment 12 #
2022/2013(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas more than 87 million persons in the Union have some form of disability, and given the ageing demographic in the Union;
Amendment 18 #
2022/2013(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the CRPD defines ‘universal design’ as the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design and without excluding assistive devices for particular groups of persons with disabilities; whereas accessibility is one of the CRPD’s general principles, and the EU and Member States are legally bound by the CRPD under Council Decision 2010/48/EC; whereas General Comment No. 2 on the CRPD notes the obligation of State parties to adopt action plans and strategies to identify existing barriers to accessibility, set time frames with specific deadlines and provide both the human and material resources necessary to remove the barriers; whereas accessibility is crucial for enjoyment of rights of persons with disabilities to privacy, non- discrimination, employment, inclusive education, political participation, and other rights enshrined by the CRPD.
Amendment 22 #
2022/2013(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Union has established a comprehensive legal framework for accessibility in the internal market, notably with the adoption of specific accessibility legislation such as Directive (EU) 2019/882, and includes accessibility obligations in different sectorial legislation, including in the EU funds regulations;
Amendment 26 #
2022/2013(INI)
Motion for a resolution
Paragraph - 1 (new)
Paragraph - 1 (new)
-1. Welcomes the Commission's Strategy for the Rights of Persons with Disabilities 2021-2030, whose aim is to ensure that all persons with disabilities in Europe can enjoy their rights, take part in society and in the economy under equal conditions and no longer be the subject of discrimination.
Amendment 30 #
2022/2013(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that the evaluation of the European Disability Strategy 2010- 2020 showed that it contributed to improving the situation in a number of areas; however, that persons with disabilities still face considerable barriers in access to healthcare, education, transport, built environment, ICT, employment, recreation activities, as well in participation in political life and other areas of life;
Amendment 35 #
2022/2013(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that the EU has established a comprehensive legal framework for accessibility in the single market, including but not limited to the European Accessibility Act, Web Accessibility Directive, Directives on audiovisual media services and electronic communications, technical specifications for railway stations and vehicles; regrets, however, that the implementation of such crucial legislation has not yet been satisfactory, mostly due to the lack of qualified accessibility experts; stresses the need for improving the overall knowledge, as well as practical and theoretical expertise, on accessibility policies among public administrations and economic operators, in order to help find suitable solutions in each Member State, and therefore improve the implementation of accessibility legislation;
Amendment 42 #
2022/2013(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that the absence of a coordination and cooperation framework between the EU, the Member States and the relevant stakeholders, in particular public authorities monitoring or enforcing accessibility laws and the relevant stakeholders, namely persons with disabilities through their representative organisations, accessibility professionals and the private sector, represents a further obstacle to the implementation of accessibility laws and to the harmonised enforcement across the EU;
Amendment 46 #
2022/2013(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to ensure adequate funding and human resources for the functioning of the Centre, and calls on the Member States to increase resources for the implementation and enforcement of accessibility policies, including through EU funds;
Amendment 62 #
2022/2013(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the specific challenges posed by particular domains of accessibility policies, such as built environment, transport, public procurement, digital accessibility, media and culture, emerging technologies, and assistive technologies; believes, therefore, that specialised sub-groups of experts are needed for certain areas; is convinced that these groups should work closely with the Centre and the Member States in order to guarantee better assessment, implementation, monitoring and enforcement of accessibility-related legislation;
Amendment 63 #
2022/2013(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to establish national accessibility centres, including contact points, and mirror groups of experts to work hand in hand with the Centre on implementing, monitoring and enforcing accessibility legislation; believes that the national accessibility centres should facilitate exchange and coordination among relevant stakeholders and rights-holders, including economic operators, national authorities responsible for accessibility and sectorial legislation implementation and organisations of persons with disabilities; believes that subject matter experts of the Centre should provide guidance and training to all relevant stakeholders; believes that such groups could help finding accessibility solutions which take into account the national specificities;
Amendment 65 #
2022/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the Centre should function as a hub which provides relevant EU institutions and bodies and its Member States when implementing Union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the Centre should establish a cooperation framework that would bring together the relevant national and Union bodies with all users groups, in particular organisations representing persons with disabilities, civil society organisations, academia and professionals from all areas of accessibility and consumer rights, in order to guarantee harmonised enforcement across the EU, provide guidance and training, and to inspire policy learning and innovation at national and EU level, including through the identification and sharing of best practices; as well as to develop tools and standards aiming to facilitate the implementation of Union law; believes that in order to ensure effective participation of all stakeholders and rights-holders, the Centre should follow the "universal design" approach and ensure accessibility for all persons with disabilities in their proceedings, and calls all Member States to ensure this approach in relation to national accessibility centres and mirror groups;
Amendment 69 #
2022/2013(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the potential benefits of the Centre in supporting the Commission’s work, inter alia identifying and helping overcome gaps and inconsistencies in current legislation, providing policy recommendations for updating and developing accessibility laws, mainstreaming accessibility in all relevant policies under the responsibility of different Directorates General of the Commission, conducting projects that explore innovative ways to implement accessibility, assisting in drafting technical accessibility specifications, and helping EU agencies and bodies with accessibility- related matters;
Amendment 75 #
2022/2013(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the role of the Centre would be essential in providing the Commission and Member States, stakeholders and right- holders with constant support for the implementation, monitoring and enforcement of accessibility policies, including through training and guidance documents in all EU official languages;
Amendment 79 #
2022/2013(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes the important role of the Centre in ensuring effective mainstreaming of accessibility in relevant sectorial legislation and policies, including by identifying priority areas where accessibility should be improved;
Amendment 3 #
2022/2008(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
Amendment 12 #
2022/2008(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is crucial to enable industry to implement the energy and digital transitions while preserving decent jobs, competitiveness and its ability to develop and produce clean products;
Amendment 17 #
2022/2008(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas industrial and manufacturing processes represent a backbone of the EU labour market and should foster the creation of high-quality jobs;
Amendment 63 #
2022/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the update of the industrial strategy; stresses that for the Green Deal to be a true growth strategy, reduce dependencies and maintain a level playing field for European industry during the transition, it needs to be accompanied by ambitious industrial policy able to create links between large businesses, SMEs and start-ups;
Amendment 65 #
2022/2008(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the update of the industrial strategy; stresses that for the Green Deal to be a true sustainable growth strategy, reduce dependencies and maintain a level playing field for European industry during the green and just transition, it needs to be accompanied by ambitious industrial policy;
Amendment 72 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the European Commission’s initiative for a European standardisation strategy that aims to support the digital transformation and the green transition and shares the ambition to take a more proactive approach towards strategy setting for standards including at international level with key trading partners;
Amendment 73 #
2022/2008(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that a functioning European Single Market is an important asset to strengthen the resilience and competitiveness of the EU as well as to enhance the green and digital transition as bases for new growth in industrial sectors;
Amendment 84 #
2022/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the EU cannot bneeds to decrease the dependentcy on non-EU countries for products and technologies that are essential to our economy and for our society of the future and address these dependencies through market diversification and by maintaining an ambitious trade agenda; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of critical materials in times of crisis by promoting open and rules-based international competition;
Amendment 91 #
2022/2008(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the EU cannot be dependent on non-EU countries for products and technologies that are essential to our economy and for our society of the future; stresses that the EU needs to regain a strong position in crucial global value chains and secure the supply of critical materials in times of crisis and at affordable and competitive prices;
Amendment 96 #
2022/2008(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that relying on shorter and limited supply chains will not only improve the resilience of our economy to potential future disruptions but will also have an added benefit of fulfilling the EU climate ambitions by reducing CO2 emissions as soon as possible;
Amendment 106 #
2022/2008(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to present clear transition pathways for the industrial ecosystem as soon as possible, including by identifying the needs for a successful transition in terms of infrastructure, technologies and skills; calls on the Commission to ensure consistency and coordination across all initiatives, objectives, funding and regulatory instruments that will support industry through the transitions; calls for functioning single markets as part of EUs´ resilient industrial ecosystems, calls for annual monitoring and reporting on the competitiveness, employability and resilience of our industrial ecosystems and on the progress made on the transition pathways, so that instruments can be adapted swiftly when needed;
Amendment 112 #
2022/2008(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to build on regional ecosystems that embrace their own smart specialisation, help to bridge regional disparities and involve public administration, higher education institutions, scientists, civil society and industry to combine their knowledge and co-create content, context and learning experiences;
Amendment 123 #
2022/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the EU is outperformed by other economic powers in research and development (R&D) expenditures as a percentage of GDP; reiterates the importance of an ambitious level of investment in R&D; regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member States; underlines the role that the ‘First EU commercial exploitation’ principle might have in order to maximise the impact and benefit of Union spending in R&D and increase the commercial exploitation of excellent EU research results;
Amendment 127 #
2022/2008(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the EU is outperformed by other economic powers in research and development (R&D) expenditures as a percentage of GDP; reiterates the importance of an ambitious level of , at least 3%, investment in R&D to improve EUs´ competitive position in the world; regrets that the target of 3 % of GDP investments in R&D has still not been achieved in the vast majority of Member States;
Amendment 138 #
2022/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to closeontribute on closing the investment gap with global competitors for key enabling technologies; welcomes, in this regard, the Commission’s proposal for a European Chips Act10 and the establishment of the European Alliance for Industrial Data, Edge and Cloud; calls on the Commission to extend these initiatives to among other the RDI instruments, to key enabling technologies, such as photonics, artificial intelligence and quantum; _________________ 10 COM(2022)0046.
Amendment 140 #
2022/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to close the investment gap with global competitors for key enabling technologies; welcomes, in this regard, the Commission’s proposal for a European Chips Act10 and the establishment of the European Alliance for Industrial Data, Edge and Cloud; calls on the Commission to extend these initiatives to key enabling technologies, such as photonics and quantum; , biotechnology, edge computing, photonics and quantum computing and technology; _________________ 10 COM(2022)0046.
Amendment 147 #
2022/2008(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the need to increase the resilience and competitiveness of the EU pharmaceutical industry by supporting dedicated investments in R&I, manufacturing of medicines and active ingredients in the EU and maintaining a vibrant research-based and production facilities on its territory;
Amendment 152 #
2022/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to strengthen ‘Made in EU’ and accelerate the adoption of Industry 4.0 technologies, particularly by small and medium-sized enterprises (SMEs); calls on the Commission to embed the ‘Made in Europe’ partnership strongly in the Horizon Europe programme and by fostering SMEs cooperation with universities and research and technology organisations;
Amendment 154 #
2022/2008(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to strengthen ‘Made in EU’ and accelerate the adoption of Industry 4.0 technologies, particularly European by small and medium-sized enterprises (SMEs); calls on the Commission to embed the ‘Made in Europe’ partnership strongly in the Horizon Europe programme;
Amendment 166 #
2022/2008(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s announcement issuing guidance on public procurement; stresses that public procurement is an essential instrument for social and ecological sustainability but also for national and economic security and for supporting the uptake of and demand for cleansustainable products; calls, in this regard, on the Commission to review public procurement and competition rules where needed;
Amendment 178 #
2022/2008(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission to develop targeted EU rules on medicines procurement, under the current public procurement directive, aimed at ensuring long-term sustainability, competition, security of supply and stimulating investments in manufacturing;
Amendment 188 #
2022/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of including education, upskilling and reskilling in the transition pathways; calls on the Commission to develop a strategy for vocational education and business- education partnerships within regional industrial clusters to boost skills and enhance the uptake of ready-for-market innovations by SMEs; particularly by establishing incentives to SMEs to train its personnel and workers;
Amendment 189 #
2022/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of including education, upskilling and reskilling in the transition pathways; calls on the Commission to develop a strategy for vocational education and business- education partnerships together with social partners within regional industrial clusters to boost skills and enhance the uptake of ready-for-market innovations by SMEs;
Amendment 194 #
2022/2008(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of proactive education and training policies that foster recruiting and retaining talents in the European Union; calls on the Commission and Member States to support world-class researchers and teachers in the EU to lead the education, research, development and training agenda of the future workforce and to enhance collaboration between education and training, research and the business sector;
Amendment 198 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. URecalls the importance to strengthen innovation and to disseminate throughout all value chains the incremental innovation concerning processes, products and solutions; underlines that SMEs and start-ups are playing a central role in the digitalisation of the EU and are a critical source of innovation; stresses the need to improve their access to financing;
Amendment 202 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the digitalisation of the EU and are a critical source of sustainable and socially responsible innovation; stresses the need to improve their access to financing;
Amendment 203 #
2022/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that SMEs and start-ups are playing a central role in the digitalisation of the EU and are a critical source of innovation; stresses the need to improve their access to financing, technology and talent;
Amendment 209 #
2022/2008(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Is of the opinion that the initiatives to achieve the Digital Decade will contribute to the digital transformation of businesses, especially SMEs that still lag behind large companies on digital skills and on the digitalisation of their operations;
Amendment 216 #
2022/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for regulatory stability and predictability as well as the need for a digital and future ready regulatory framework, facilitating the approval of innovative products and services; calls on the Commission to include roadmaps in the transition pathways to reduce administrative burdens for European businesses, especially SMEs, by at least 30 %; stresses the ‘one in, one out’ principle;
Amendment 218 #
2022/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for regulatory stability and predictability; calls on the Commission to include roadmaps in the transition pathways to reduce unfounded administrative burdens for European businesses, especially SMEs, by at least 30 %; stresses the ‘one in, one out’ principle;
Amendment 222 #
2022/2008(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the role public administration plays to ensure a business- friendly economic environment and to reduce the administrative burden on enterprises while ensuring the highest standards of transparency and workers’ safety; believes that e-government tools, digital innovation policies and the enhancement of digital skills should be promoted within the public sector and among its employees;
Amendment 230 #
2022/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the regional dimension of industrial policy and the role of regional smart specialisation strategies; calls on the Commission to includedevelop instruments to increase the use of ‘Made in EU’ athelp creating ecosystem solutions on various industrial sectors also at regional level by enabling stakeholder cooperation;
Amendment 234 #
2022/2008(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Insists on the need to ensure social fairness of industrial transition and to develop adequate measures to support the re-industrialisation of regions in transition through strategic interregional investment projects, re-development plans for vulnerable regions, especially rural and remote areas;
Amendment 235 #
2022/2008(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that, in order to foster the competitiveness of the EU industrial ecosystems, the enhancement of the infrastructure ensuring digital connectivity is of paramount importance;
Amendment 243 #
2022/2008(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to stimulate the production of sustainable, affordable and abundant renewable and low-carbon energy; calls on the Commission to increase the coordination of the planning and financing for needed electricity, energy, hydrogen, CO2 and heating/cooling infrastructure;
Amendment 268 #
2022/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to support incentive schemes for a widespread deployment of energy saving technologies in EU industrial producers such as installation of local renewable energy generations and co-generation that will improve the overall energy efficiency, competitiveness and resilience of enterprises, in particular for EU SMEs which are the backbone of our economy;
Amendment 270 #
2022/2008(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Commission and the Member States to ensure a predictable and consistent legal framework and efficient incentives that enable the transformation to a net-zero carbon economy and secure Europe’s competitiveness and high quality jobs, fostering a culture of constructive and effective social dialogue and timely information and consultation processes as key elements for anticipating and managing change;
Amendment 271 #
2022/2008(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Recalls that an eco-innovation and eco-efficiency of manufacturing and society can be achieved through targeted investments in sustainable innovative technologies and business models;
Amendment 272 #
2022/2008(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Reiterates the need of an enabling framework conditions for developing sustainable mobility and supporting sector coupling;
Amendment 274 #
2022/2008(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation of instruments, including important projects of common European interest, and industrial alliances that develop innovative breakthrough technologies needed for the energy transition, such as clean steel, clean aviation, e-fuels, clean fertilisers, e- cracking and small modular reactosemiconductors, microelectronics, hydrogen, cloud, smart-health, e-cracking and small modular reactors; underlines that the current exceptionally high energy prices require non-ordinary solutions and efforts from the EU, not only coordinating Member States’ action, but also achieving a true European energy market devoid of any kind of barriers;
Amendment 281 #
2022/2008(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States and the Commission to accelerate the implementation ofuse in a smart and selective way instruments, including important projects of common European interest to target clear market failures, and industrial alliances that develop innovative breakthrough technologies needed for the energy transition, such as clean steel, clean aviation, e-fuels, clean fertilisers, e- cracking and small modular reactors;
Amendment 289 #
2022/2008(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and Member States to create ad hoc incentives for the production of critical goods, such as essential medicines, to achieve its open strategic autonomy;
Amendment 306 #
2022/2008(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights the importance of assuring an uninterrupted access of essential medical and healthcare equipment to the EU common market, following the experience gained from the initial shortages at the beginning of the COVID-19 pandemic;
Amendment 310 #
2022/2008(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to further support measures to limit the increase in demand for primary raw materials such as promoting circular economy, supporting R&I for material substitutions, including sustainable supplies in trade agreements;
Amendment 321 #
2022/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is strongly concerned aboutWelcomes the Commission initiatives to address unfair competition, investments and takeovers by non-EU state-financed companies oin the single market, especially in strategic sectors; calls on the Commission to analyse and prevent this interferencethe proposal of a new regulation to address distortions by foreign subsidies;
Amendment 329 #
2022/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the conclusions of the European Court of Auditors -report on delays in implementing 5G networks and the risks associated with non-EU vendors11 ; calls on the Commission to stimulate a coordinated 5G roll-out in the EU and reduce external dependencies and interference risks in 5G and next generation communication technology6G communication technology through coordinated support to enable European players to build the R&;D capacities for 6G systems and develop lead markets for 5G infrastructure as a basis for the digital and green transformation; _________________ 11 European Court of Auditors, ‘Special Report 03/2022: 5G roll-out in the EU: delays in deployment of networks with security issues remaining unsolved’, Publications Office of the European Union, Luxembourg, 2022.
Amendment 334 #
2022/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the development of common European data spaces initiative; underlines the role that interoperable, competitive and European-wide data spaces will play for several industrial sectors, including artificial intelligence development, mobility, environment, health, and smart manufacturing; believes that the participationleading role of non-EU/EEA companies in EU data spaces initiatives may waters down the goal of strengthening the EU’s ditechnologitcal sovereignty; and calls for strategic European initiatives to support the emergence of European data space ecosystem based on trustworthiness, competitiveness and interoperability;
Amendment 61 #
2022/0432(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 81 #
2022/0432(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is normally not possible to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a multi-constituent substance on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the multi- constituent substance should therefore normally be used as the basis for hazard identification of those multi-constituent substances or mixtures. However, in certain cases, data on those multi- constituent substances themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents. Therefore, it is appropriate that data on multi-constituent substances are used in those casixtures.
Amendment 138 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 1272/2008
Article 2 – paragraph 7a
Article 2 – paragraph 7a
Amendment 145 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1272/2008
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 186 #
2022/0432(COD)
In Article 5, the following paragraph 3a is added: 'Paragraph 3 shall not apply to UVCB substances of biological origin.'
Amendment 187 #
2022/0432(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) 1272/2008
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
In Article 5, the following paragraph 3a is added: 'Paragraph 3 shall not apply to UVCB substances of biological origin.'
Amendment 95 #
2022/0085(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union institutions, bodies and agencies are attractive targets who face highly skilled and well-resourced threat actors as well as other threats. At the same time, the level and maturity of cyber resilience and the ability to detect and respond to malicious cyber activities varies significantly across those entities. It is thus necessary for the functioning of the European administration that the institutions, bodies and agencies of the Union achieve a high common level of cybersecurity through a cybersecurity baseline (a set of minimum cybersecurity rules with which network and information systems and their operators and users have to be compliant to minimise cybersecurity risks)the implementation of cybersecurity risk management measures commensurate to the respective risks posed, information exchange and collaboration.
Amendment 97 #
2022/0085(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To reach a high common level of cybersecurity, it is necessary that each Union institution, body and agency establishes an internal cybersecurity risk management, governance and control framework that ensures an effective and prudent management of all cybersecurity risks, and takes account of business continuity and crisis management. The framework should lay down cybersecurity policies and priorities for the security of network and information systems encompassing the entirety of the ICT environment. The framework should be reviewed on a regular basis and at least every three years on the basis of key performance indicators to ensure that strategic objectives are met.
Amendment 99 #
2022/0085(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The differences between Union institutions, bodies and agencies require flexibility in the implementation since one size will not fit all. The measures for a high common level of cybersecurity should not include any obligations directly interfering with the exercise of the missions of Union institutions, bodies and agencies or encroaching on their institutional autonomy. Thus, those institutions, bodies and agencies should establish their own frameworks for cybersecurity risk management, governance and control, and adopt their own baselines and cybersecurity plans. cybersecurity risk management measures and cybersecurity plans. Union institutions, bodies, offices and agencies should continuously evaluate the effectiveness of the adopted risk management measures and their proportionality relative to the identified risks, and where necessary, adjust and revise accordingly their frameworks and plans on the basis of the results of the cybersecurity maturity assessments.
Amendment 105 #
2022/0085(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) A high common level of cybersecurity requires cybersecurity to come under the oversight of the highest level of management of each Union institution, body and agency, who should approve a cybersecurity baseline that shouldoversee the implementation of the provisions of this Regulation and approve the establishment, and any subsequent revisions thereof, of the risk management and control framework, the corresponding cybersecurity risk management measures addressing the risks identified underin the framework to be established by eachand the cybersecurity plans of each Union institution, body, office and agency. Addressing the cybersecurity culture, i.e. the daily practice of cybersecurity, is an integral part of a cybersecurity baselinerisk management, governance and control framework and the corresponding cybersecurity risk management measures in all Union institutions, bodies, offices and agencies.
Amendment 110 #
2022/0085(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In May 2011, the Secretaries- General of the Union institutions and bodies decided to establish a pre- configuration team for a computer emergency response team for the Union’s institutions, bodies and agencies (CERT- EU) supervised by an inter-institutional Steering Board. In July 2012, the Secretaries-General confirmed the practical arrangements and agreed to maintain CERT-EU as a permanent entity to continue to help improve the overall level of information technology security of the Union’s institutions, bodies and agencies as an example of visible inter-institutional cooperation in cybersecurity. In September 2012, CERT-EU was established as a Taskforce of the European Commission with an interinstitutional mandate. In December 2017, the Union institutions and bodies concluded an interinstitutional arrangement on the organisation and operation of CERT-EU3 . This arrangement should continue to evolve to support the implementation of this Regulation and be evaluated on a regular basis in light of future negotiations of long-term budget frameworks allowing for further decisions to be made with respect to the functioning and institutional role of CERT-EU, including the possible establishment of CERT-EU as a Union office. _________________ 3 OJ C 12, 13.1.2018, p. 1–11.
Amendment 113 #
2022/0085(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Many cyberattacks are part of wider campaigns that target groups of Union institutions, bodies and agencies or communities of interest that include Union institutions, bodies and agencies. To enable proactive detection, incident response or mitigating measures, and recovery from significant incidents, Union institutions, bodies and agencies should notify CERT- EU of significant cyber threats, significant vulnerabilities and significant incidents and share appropriate technical details that enable detection or mitigation of, as well as response to, similar cyber threats, vulnerabilities and and recovery from similar incidents in other Union institutions, bodies and agencies. Following the same approach as the one envisaged in Directive [proposal NIS 2], where entitUnion institutions, bodies, offices and agencies become aware of a significant incident they should be required to submit an initial notificationearly warning to CERT- EU within 24 hours. Such information exchange should enable CERT-EU to disseminate the information to other Union institutions, bodies and agencies, as well as to appropriate counterparts, to help protect the Union IT environments and the Union’s counterparts’ IT environments against similar incidents, threats and vulnerabilities.
Amendment 114 #
2022/0085(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) This Regulation lays down a multiple-stages approach to reporting of significant incidents in order to strike the right balance between, on the one hand, swift reporting hat helps mitigate the potential spread of incidents and allows entities to seek support, and, on the other hand, in-depth reporting that draws valuable lessons from individual incidents and improves over time the resilience of individual Union institutions, bodies, offices and agencies and contributes to increasing the overall cybersecurity posture of European administration. In this regard, the Regulation should also include reporting of incidents that, based on an initial assessment performed by the Union institution, body, office or agency, may be assumed to lead to severe operational disruption or financial losses or affect other natural or legal persons by causing considerable material or non- material losses. Such initial assessment should take into account, amongst other, the affected network and information systems and in particular their importance for the functioning and operations of the Union institution, body, office or agency, the severity and technical characteristics of a cyber threat and any underlying vulnerabilities that are being exploited as well as the Union institution, body, office or agency’s experience with similar incidents. Indicators such as the extent to which the functioning of Union institution, body, office or agency is affected, the duration of an incident or the number of affected users could play an important role in defining whether the operational disruption of the service is of severe nature.
Amendment 116 #
2022/0085(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The IICB’s function is aimed at supporting Union institutions, bodies, offices and agencies in elevating their respective cybersecurity postures by implementing the provisions of this Regulation. In order to support Union institutions, bodies, office and agencies, the IICB could adopt guidance and recommendations towards Union institutions, bodies, offices and agencies’ cybersecurity maturity assessments and cybersecurity plans, review possible interconnections between Union institutions, bodies, offices and agencies’ ICT environments and support the establishment of a Cybersecurity Officers Group under ENISA, gathering the Local Cybersecurity Officers of all Union institutions, bodies, offices and agencies with an aim to facilitate the sharing of best practices and experiences gained from the implementation of this Regulation.
Amendment 117 #
2022/0085(COD)
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14 b) In order to ensure alignment with Directive [proposal NIS 2], the IICB could adopt recommendations based on the results of EU coordinated risk assessments of critical supply chains referred to in Article19 of Directive [proposal NIS 2] to support Union institutions, bodies, offices and agencies in adopting effective and proportionate risk management measures relating to supply chain security and develop guidelines for information sharing arrangements of Union institutions, bodies, offices and agencies relating to the voluntary notification of cyber threats, near misses and incidents to CERT-EU.
Amendment 119 #
2022/0085(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) Where the IICB finds that Union institutions, bodies, offices or agencies have not effectively applied or implemented this Regulation it could, without prejudice to the internal procedures of the relevant Union institution, body, office or agency, request relevant and available documentation relating to the effective implementation of the provisions of this Regulation, communicate a reasoned opinion with observed gaps in the implementation of this Regulation, invite the Union institution, body, office or agency concerned to provide a self-assessment on its reasoned and issue, in cooperation with CERT-EU, guidance to bring its respective risk management, governance and control framework, cybersecurity risk management measures, cybersecurity plans and reporting obligations incompliance with this Regulation.
Amendment 123 #
2022/0085(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In supporting operational cybersecurity, CERT-EU should make use of the available expertise of the European Union Agency for Cybersecurity (ENISA) through structured cooperation as provided for in Regulation (EU) 2019/881 of the European Parliament and of the Council5 . Where appropriate, dedicated arrangements between the two entities should be established to define the practical implementation of such cooperation and to avoid the duplication of activities. CERT- EU should cooperate with the European Union Agency for CybersecurityENISA on threat analysis and share its threat landscape report with the Agency on a regular basis. _________________ 5 Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15).
Amendment 132 #
2022/0085(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1 This Regulation lays down measures aiming to achieve a high common level of cybersecurity within Union institutions, bodies, offices and agencies;
Amendment 133 #
2022/0085(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 136 #
2022/0085(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) obligations on Union institutions, bodies, offices and agencies to establish an internal cybersecurity risk management, governance and control framework;
Amendment 137 #
2022/0085(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) rules underpinning information sharing obligations and the facilitation of voluntary information sharing arrangements for Union institutions, bodies, offices and agencies;
Amendment 138 #
2022/0085(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) rules on the organisation, tasks and operation of the Cybersecurity Centre for the Union institutions, bodies, offices and agencies (CERT-EU) and on the functioning, organisation and operation of the Interinstitutional Cybersecurity Board (IICB).
Amendment 140 #
2022/0085(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to the management, governance and control of cybersecurity risks by all Union institutions, bodies, offices and agencies and to the functioning, organisation and operation of CERT-EU and the Interinstitutional Cybersecurity BoardICB.
Amendment 141 #
2022/0085(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Processing of Personal Data The processing of personal data under this Regulation by CERT-EU, the IICB and all Union institutions, bodies, offices and agencies shall be carried out in compliance with Regulation (EU) 2018/1725 of the European Parliament and of the Council.
Amendment 143 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘network and information system’ means network and information system within the meaning ofas defined in Article 4(1) of Directive [proposal NIS 2];
Amendment 144 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘cybersecurity’ means cybersecurity within the meaning of Article 4(3) of Directive [proposal NIS 2]; as defined in Article 2(1) of Regulation (EU) 2019/881 of the European Parliament and of the Council7a; _________________ 7a Regulation (EU) 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p.15).
Amendment 147 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘highest level of management’ means a manager, management or coordination and oversight body at the most senior administrative level with a mandate to make or authorise decisions, taking account of the high-level governance arrangements in each Union institution, body or agency;
Amendment 149 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
Amendment 152 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘major attack’incident' means any incident requiring more resources than are available at whose disruption exceeds CERT-EU’s or any individual Union institution, body,office or agency’s capacity to respond to it or withe affected significant impact on at least two Union institutions, body or agency and at CERT-EUies, offices and agencies;
Amendment 155 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘significant cyber threat’ means a cyber threat with the intention, opportunity and capability to cause a significant incidentas defined in Article 4(7a) of Directive [proposal NIS 2];
Amendment 159 #
2022/0085(COD)
(14) ‘cybersecurity risk’ means any reasonably identifiable circumstance or event havisk as defined ing a potential adverse effect on the security of network and information systemsrticle 4(7b) of Directive [proposal NIS 2];
Amendment 163 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new)
Article 3 – paragraph 1 – point 14 a (new)
(14 a) ‘ICT environment’ means any on- premise or virtual ICT product, ICT service and ICT process as defined in Article 2 of Regulation (EU) 2019/881, and any network and information system whether owned and operated by a Union institution, body, office or agency, or hosted or operated by a third party, including mobile devices, corporate networks, and business networks not connected to the internet and any devices connected to the ICT environment;
Amendment 172 #
2022/0085(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
Amendment 174 #
2022/0085(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Risk management, governance and control framework
Amendment 178 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Union institution, body and agency shall establish its own internal cybersecurity risk management, governance and control framework (‘the framework’) in support of the entity’s mission and exercising its institutional autonomy. This work shall be overseen by the entity’s highest level of management to ensure an effective and prudent management of all cybersecurity risks. The framework shall be in place by …. at the latest [15 months after the entry into force of this Regulation].
Amendment 180 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The framework shall cover the entirety of the ICT environment of the concerned institution, body or agency, including any on-premise IT environment, outsourced assets and services in cloud computing environments or hosted by third parties, mobile devices, corporate networks, business networks not connected to the internet and any devices connected to the IT environmentUnion institution, body, office or agency. The framework shall take account of business continuity and crisis management and it shall consider supply chain security as well as the management of human risks and all other relevant technical, operational and organisational risks that could impact the cybersecurity of the concerned Union institution, body or agency.
Amendment 181 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. The framework shall define strategic objectives to ensure a high level of cybersecurity in the Union institution, body, office or agency, The framework shall lay down cybersecurity policies and priorities for the security of network and information systems encompassing the entirety of the ICT environment, and define the roles and responsibilities of staff tasked with ensuring the effective implementation of the provisions of this Regulation.
Amendment 182 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2 b. The framework shall be reviewed on a regular basis and at least every three years on the basis of key performance indicators. Where appropriate and upon request of the IICB, a Union institution, body, office or agency’s framework shall be updated following guidance from CERT-EU on observed incidents or possible gaps in the implementation of the provisions of this Regulation.
Amendment 186 #
2022/0085(COD)
3. The highest level of management of each Union institution, body, office and agency shall provide oversight oversee the compliance of theirits organisation with the obligations related to cybersecurity risk management, governance, and control, without prejudice to the formal responsibilities of other levels of management for compliance and risk management in their respective areas of responsibility.
Amendment 187 #
2022/0085(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Each Union institution, body and agency shall have effective mechanisms in place to ensure that an adequate percentage of the ICT budget is spent on cybersecurity.
Amendment 190 #
2022/0085(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Cybersecurity baselinerisk management measures
Amendment 194 #
2022/0085(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The highest level of management of each Union institution, body and agency shall approve the entity’s own cybersecurity baselinerisk management measures to address the risks identified under the framework referred to in Article 4(1). It shall do so in support of its mission and exercising its institutional autonomy. The cybersecurity baseline shall be in place by …. at the latest [18 months after the entry into force of this Regulation] and shall address the domains listed in Annex I and the measures listed in Annex IIHaving regard to the state of the art and, where applicable, relevant European and international standards, or available European cybersecurity certificates as defined in Article 2 of Regulation (EU) 2019/881, those risk management measures shall ensure a level of security of network and information systems across the entirety of the ICT environment commensurate to the risks identified under the framework referred to in Article 4(1). When assessing the proportionality of those measures, due account shall be taken of the degree of the Union institution, body, office or agency’s exposure to risks, its size, the likelihood of occurrence of incidents and their severity, including their societal, economic and interinstitutional impact.
Amendment 199 #
2022/0085(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The senior management of each Union institution, body, office and agency as well as all relevant staff tasked with implementing the cybersecurity risks management measures and obligations of this Regulation shall follow specific trainings on a regular basis to gain sufficient knowledge and skills in order to apprehend and assess cybersecurity risk and management practices and their impact on the operations of the organisation.
Amendment 201 #
2022/0085(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
Amendment 203 #
Amendment 207 #
2022/0085(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The IICB, after consulting the European Union Agency for Cybersecurity (ENISA) and upon receiving guidance from CERT- EU, shall recommend guidelines to Union institutions, bodies, offices and agencies for the carrying out of cybersecurity maturity assessments.
Amendment 209 #
2022/0085(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
Upon request of the IICB, and with the explicit consent of the Union institution, body, office or agency concerned, the results of a cybersecurity maturity assessment may be discussed within the IICB configuration or within the established network of Local Cybersecurity Officers with a view to learning from experiences in the implementation of this Regulation and sharing best practices and results of use cases.
Amendment 210 #
2022/0085(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Following the conclusions derived from the maturity cybersecurity assessment and considering the assets and risks identified pursuant to Article 4, the highest level of management of each Union institution, body, office and agency shall approve a cybersecurity plan without undue delay after the establishment of the risk management, governance and control framework, and the cybersecurity baseline. Therisk management measures. The cybersecurity plan shall aim at increasing the overall cybersecurity of the concerned entity Union institution, body, office or agency and shall thereby contribute to the achievement or enhancement of a high common level of cybersecurity among all Union institutions, bodies, offices and agencies. To support the entity’Union institution, body, office or agency's mission on the basis of its institutional autonomy, the plan shall at least include the domains listed in Annex I, the measures listed in Annex II, as well ascybersecurity risk management measures relatferred to incident preparedness, response and recovery, such as security monitoring and logging. The plan shall be revised at least every three years, following the Article 5 (1a) and 5(2a). The cybersecurity plan shall be revised at least every three years, or where necessary, with any substantial revision of the framework referred to in Article 4, following the cybersecurity maturity assessments carried out pursuant to Article 6.
Amendment 215 #
2022/0085(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 216 #
2022/0085(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The cybersecurity plan shall consider any applicable guidance documents and recommendations issued by CERT-EU in accordance with Article 13 and another applicable or targeted recommendations issued by the IICB and CERT-EU.
Amendment 218 #
2022/0085(COD)
1. Upon completion of maturity assessments, the Union institutions, bodies and agencies shall submit these to the Interinstitutional Cybersecurity Board. Upon completion of security planstheir respective cybersecurity maturity assessments referred to in Article 6 and cybersecurity plans referred to in Article 7, the Union institutions, bodies, offices and agencies shall notify the Interinstitutional Cybersecurity Board of the completion. Upon request of the Board, they shall report on specific aspects of this Chaptersubmit these to the IICB.
Amendment 222 #
2022/0085(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – point k
Article 9 – paragraph 3 – subparagraph 1 – point k
(k) the European Union Agency for Cybersecurity (ENISA).
Amendment 233 #
2022/0085(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The IICB shall meet at the initiative of its chair, and at least two times a year, at the request of CERT-EU or at the request of any of its members.
Amendment 240 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point -a (new)
Article 10 – paragraph 1 – point -a (new)
(-a) support Union institutions, bodies, offices and agencies in implementing this Regulation with the aim to raise their respective levels of cybersecurity;
Amendment 241 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point -a a (new)
Article 10 – paragraph 1 – point -a a (new)
(-a a) effectively monitor the implemenationof the obligations of this Regulation in Union institutions, bodies, offices and agencies without prejudice to their institutional autonomy and the overall institutional balance;
Amendment 242 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) review any reports requestedquest reports from CERT-EU on the state of implementation of this Regulation by the Union institutions, bodies and agencies;
Amendment 250 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i a (new)
Article 10 – paragraph 1 – point i a (new)
(i a) review and where requested, following relevant guidance from CERT- EU. provide feedback to Union institutions, bodies, offices and agencies’ cybersecurity maturity assessments referred to in Article 6 and cybersecurity plans referred to in Article 7;
Amendment 252 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i b (new)
Article 10 – paragraph 1 – point i b (new)
(i b) review possible interconnections between Union institutions, bodies, offices and agencies’ ICT environments and maintain an inventory of shared components of ICT products, ICT services andic processes;
Amendment 253 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i c (new)
Article 10 – paragraph 1 – point i c (new)
(i c) where appropriate, adopt recommendations on the interoperability of Union institutions, bodies, offices and agencies’ ICT environments or components thereof;
Amendment 254 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i d (new)
Article 10 – paragraph 1 – point i d (new)
(i d) support the establishment of a Cybersecurity Officers Group under ENISA, gathering the Local Cybersecurity Officers of all Union institutions, bodies, offices and agencies with an aim to facilitate the sharing of best practices and experiences gained from the implementation of this Regulation;
Amendment 255 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i e (new)
Article 10 – paragraph 1 – point i e (new)
(i e) develop an incident and response plan for major incidents at Union level referred to in Article 3(8) and coordinate the adoption of individual Union institutions, bodies, offices and agencies’ cyber crisis management plans referred to in Article 7(2a);
Amendment 256 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i f (new)
Article 10 – paragraph 1 – point i f (new)
(i f) adopt recommendations based on the results of EU coordinated risk assessments of critical supply chains referred to in Article 19 of Directive [proposal NIS 2] to support Union institutions, bodies, offices and agencies in adopting effective and proportionate risk management measures relating to supply chain security referred to in Article5(1ai);
Amendment 257 #
2022/0085(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point i g (new)
Article 10 – paragraph 1 – point i g (new)
(i g) develop guidelines for information sharing arrangements referred to in Article 19;
Amendment 258 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1 The IICB shall monitor the implementation of this Regulation and of adopted guidance documents, recommendations and calls for action by the Union institutions, bodies, offices and agencies.
Amendment 259 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Amendment 261 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point -a (new)
Article 11 – paragraph 1 – point -a (new)
(-a) request relevant and available documentation of the Union institution, body, office or agency concerned relating to the effective implementation of the provisions of this Regulation or the application of guidance documents, recommendations and calls for action issued in accordance with Article 13;
Amendment 262 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point -a a (new)
Article 11 – paragraph 1 – point -a a (new)
(-a a) communicate a reasoned opinion to the Union institution, body, office or agency concerned with observed gaps in the implementation of this Regulation;
Amendment 263 #
2022/0085(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point -a b (new)
Article 11 – paragraph 1 – point -a b (new)
(-a b) invite the Union institution, body, office or agency concerned to provide a self-assessment on its reasoned opinion within a specified timeframe;
Amendment 270 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The mission of CERT-EU, the autonomous interinstitutional Cybersecurity Centre for all Union institutions, bodies and agencies, shall be to contribute to the security of the unclassified ICT environment of all Union institutions, bodies and agencies by advising them on cybersecurity, by helping them to prevent, detect, mitigate and respond to and recover from incidents and by acting as their cybersecurity information exchange and incident response coordination hub.
Amendment 274 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(c a) act as the designated coordinator for all Union institutions, bodies, offices and agencies for the purposes of coordinated vulnerability disclosure to the European vulnerability registry referred to in Article 6 of Directive [proposal NIS2];
Amendment 286 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. CERT-EU may organise cybersecurity exercises or recommend participation in existing exercises, in close cooperation with the European Union Agency for CybersecurityENISA whenever applicable, to test the level of cybersecurity of the Union institutions, bodies and agencies.
Amendment 287 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. CERT-EU may provide assistance to Union institutions, bodies and agencies regarding incidents in classified ICT environments if it is explicitly requested to do so by the constituent concerned. The provisions and obligations on all Union institutions, bodies, offices and agencies set out in Chapter V of this Regulation shall not apply to incidents in classified ICT environments unless an individual Union institution, body office or agency explicitly and voluntarily apply them in order to seek actionable assistance from CERT-EU or otherwise contribute to situational awareness at the Union level.
Amendment 290 #
2022/0085(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. CERT-EU shall cooperate with the European Data Protection Supervisor (EDPS) to support Union institutions, bodies, office and agencies in incidents entailing a personal data breach as defined in Article 3(16) of Regulation (EU) 2018/1725.
Amendment 296 #
2022/0085(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) modalities for or improvements to cybersecurity risk management and the cybersecurity baselinerisk management measures;
Amendment 298 #
2022/0085(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) modalities for cybersecurity maturity assessments and cybersecurity plans; and
Amendment 303 #
2022/0085(COD)
Proposal for a regulation
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
-1 The Commission, after having obtained the unanimous approval of the IICB, shall appoint the Head of CERT- EU. The IICB shall be consulted at all stages of the procedure prior to the appointment of the Head of CERT-EU, in particular in drafting vacancy notices, examining applications and appointing selection boards in relation to this post.
Amendment 304 #
2022/0085(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Head of CERT-EU shall regularly submit reports to the IICB and the IICB Chair, and submit ad-hoc reports to the IICB upon its request, on the performance of CERT-EU, financial planning, revenue, implementation of the budget, service level agreements and written agreements entered into, cooperation with counterparts and partners, and missions undertaken by staff, including the reports referred to in Article 10(1).
Amendment 306 #
2022/0085(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Head of CERT-EU shall compose and submit to the IICB an annual report encompassing CERT-EU’s work programme, the financial planning of revenue and expenditure, including staffing, for CERT-EU activities, any updates of CERT-EU’s service catalogue and an assessment of the expected impact that such updates may have on its financial planning of revenue and expenditure, staffing and management of funds.
Amendment 308 #
2022/0085(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 322 #
2022/0085(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 326 #
2022/0085(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
19 SharingCybersecurity information sharing arrangements and obligations
Amendment 327 #
2022/0085(COD)
Proposal for a regulation
Article 19 – paragraph -1 (new)
Article 19 – paragraph -1 (new)
-1. Union institutions, bodies, offices and agencies may voluntarily notify CERT-EU on cyber threats, incidents, near misses and vulnerabilities that affect them. CERT-EU shall ensure that effective measures are adopted to ensure the confidentiality and appropriate protection of the information provided by the reporting Union institution, body, office or agency. When processing notifications, CERT-EU may prioritise the processing of mandatory notifications over voluntary notifications. Voluntary notification shall not result in the imposition of any additional obligations upon the reporting Union institution, body, office or agency to which it would not have been subject had it not submitted the notification.
Amendment 328 #
2022/0085(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. To enable CERT-EU to coordinate vulnerabileffectively perform itys management and incident responseission tasks in accordance with Article 12 of this Regulation, it may request Union institutions, bodies and agencies to provide it with information from their respective ICT system inventories that is relevant for the CERT- EU support. The requested institution, body or agency shall transmit the requested information, and any subsequent updates thereto, without undue delay.
Amendment 334 #
2022/0085(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The sharingcybersecurity information sharing arrangements and obligations obligations shall not extend to EU Classified Information (EUCI) and to information that a Union institution, body or agency has received from a Member State Security or Intelligence Service or law enforcement agency under the explicit condition that it will not be shared with CERT-EU.
Amendment 336 #
Amendment 337 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 340 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Amendment 341 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 b (new)
Article 20 – paragraph 1 – subparagraph 1 b (new)
Where a significant incident or significant cyber threat referred to in paragraph 1(a) is affecting a network and information system, or a component of a Union institution, body, office or agency's ICT environment that is knowingly connected with another Union institution, body, office and agency's ICT environment, CERT-EU shall notify, without undue delay, the affected Union institution, body, office or agency.
Amendment 342 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Amendment 348 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 352 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. An incident shall be considered significant if: (a) the incident has caused or is capable of causing severe operational disruption to the Union institution, body, office or agency or financial losses thereto; (b) the incident has affected or is capable of affecting other natural or legal persons by causing considerable material or non- material losses.
Amendment 353 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 2 b (new)
Article 20 – paragraph 2 b (new)
2 b. All Union institutions, bodies, offices and agencies shall submit to CERT-EU: (a) without undue delay and in any event within 24 hours after having become aware of the significant incident, an early warning, which, where applicable, shall indicate whether the significant incident is presumably caused by unlawful or malicious action and has any or could have a cross-border or cross-institutional impact; (b) without undue delay and in any event within 72 hours after having become aware of the significant incident, an incident notification, which, where applicable, shall update the information referred to in subparagraph (a) and indicate an initial assessment of the significant incident, its severity and impact, as well as where available, the indicators of compromise; (c) upon the request of CERT-EU, an intermediate report on relevant status updates; (d) a final report not later than one month after the submission of the significant incident notification under point (b), including at least the following: (i) a detailed description of the significant incident, its severity and impact; (ii) the type of threat or root cause that likely triggered the significant incident; (iii) applied and ongoing mitigation measures; (iv) where applicable, the cross-border or cross-institutional impact of the significant incident; (e) in cases of ongoing significant incidents at the time of the submission of the final report referred to in point (d), a progress report at that time and a final report within one month after the incident has been handled.
Amendment 356 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 2 c (new)
Article 20 – paragraph 2 c (new)
2 c. In duly justified cases and in agreement with CERT-EU, the Union institution, body, office or agency concerned can deviate from the deadline laid down in paragraph 2(b).
Amendment 358 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. CERT-EU shall submit to ENISA on a monthly basis a summary report including anonymised and aggregated data on significant cyber threats, significant vulnerabilities and significant incidentincidents notified in accordance with paragraph 2(b) and cyber threats, incidents, near misses and vulnerabilities notified in accordance with paragraph 1Article 19(1).
Amendment 360 #
2022/0085(COD)
4. The IICB may issue guidance documents or recommendations concerning the modalities and content of the notification. When preparing such guidance documents or recommendations, the IICB shall take into account the specifications made by any implementing acts adopted by the Commission specifying the type of information, the format and the procedure of a notification submitted pursuant to Article 20 (11) of Directive [proposal NIS2]. CERT-EU shall disseminate the appropriate technical details to enable proactive detection, incident response or mitigating measures by Union institutions, bodies, offices and agencies.
Amendment 363 #
2022/0085(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The notificationreporting obligations shall not extend to EUCI and to information that a Union institution, body or agency has received from a Member State Security or Intelligence Service or law enforcement agency under the explicit condition that it will not be shared with CERT-EU.
Amendment 366 #
2022/0085(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. CERT-EU, in cooperation with ENISA, shall support Union institutions, bodies and agencies regarding situational awareness of cyber threats, vulnerabilities and incidents.
Amendment 367 #
Amendment 370 #
2022/0085(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. CERT-EU shall coordinate among Union institutions, bodies and agencies responses to major attackincidents. It shall maintain an inventory of technical expertise that would be needed for incident response in the event of such attacksmajor incidents and assist the IICB in coordinating Union institutions, bodies, offices and agencies’ cyber crisis management plans for major incidents referred to in Article 10(if).
Amendment 375 #
2022/0085(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. With the approval of the concerned Union institutions, bodies and agencies, CERT-EU may also call on experts from the list referred to in paragraph 2 for contributing to the response to a major attackincident in a Member State, in line with the Joint Cyber Unit’s operating procedures.
Amendment 386 #
2022/0085(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Commission shall evaluate the functioning of this Regulation and report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions no soonlater than five years after the date of entry into force.
Amendment 388 #
2022/0085(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 394 #
2022/0085(COD)
Proposal for a regulation
Annex II
Annex II
Amendment 89 #
2022/0047(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In recent years, data-driven technologies have had transformative effects on all sectors of the economy. The proliferation in products connected to the Internet of Things in particular has increased the volume and potential value of data for consumers, businesses and society. High quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. The same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree, without any loss in its quality or quantity, while respecting users’ choices and applicable legislation to protect them.
Amendment 92 #
2022/0047(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Barriers to data sharing prevent an optimal allocation of data to the benefit of society. These barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements, uncertainty about rights and obligations in relation to data, costs of contracting and implementing technical interfaces, the high level of fragmentation of information in data silos, poor metadata management, the absence of standards for semantic and technical interoperability, bottlenecks impeding data access, a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.
Amendment 93 #
2022/0047(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to respond to the needs of the digital economy, protect consumers and to remove unjustified barriers to a well-functioning internal market for data, it is necessary to lay down a harmonised framework specifying who, other than the manufacturer or other data holder is entitled to access the data generated by products or related services, under which conditions and on what basis. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation, unless explicitly provided for in this Regulation, since this would affect the direct and uniform application of this Regulation.
Amendment 96 #
2022/0047(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union including data subjects and consumers, can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties and for the purposes of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for users, micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC and for all other types of enterprises, including start- ups. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related services.
Amendment 97 #
2022/0047(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In recent years, data-driven technologies have had transformative effects on all sectors of the economy. The proliferation in products connected to the Internet of Things in particular has increased the volume and potential value of data for consumers, businesses and society. High -quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. The same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree, without any loss in its quality or quantity, while respecting users’ choices and applicable legislation to protect them.
Amendment 99 #
2022/0047(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Barriers to data sharing prevent an optimal allocation of data to the benefit of society. These barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements, uncertainty about rights and obligations in relation to data, costs of contracting and implementing technical interfaces, the high level of fragmentation of information in data silos, poor metadata management, the absence of standards for semantic and technical interoperability, bottlenecks impeding data access, a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.
Amendment 103 #
2022/0047(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to respond to the needs of the digital economycontribute to the digital transition of the Union, a comprehensive harmonisation at Union level is needed to ensure fairness in the allocation of value from data among all actors in the data economy as well asto avoid fragmentation resulting from national legislation, and therefore to create trust in the data sharing environment. Moreover, to foster access to and use of data. and to remove barriers to a well-functioning internal market for data, it is necessary to lay down a harmonised framework specifying who, other than the manufacturer or other data holder is entitled to access the data generated by products or related services, under which conditions and on what basis. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation, unless explicitly provided for in this Regulation, since this would affect the direct and uniform application of this Regulation.
Amendment 105 #
2022/0047(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to respond to the needs of the digital economy, protect consumers and to remove unjustified barriers to a well-functioning internal market for data, it is necessary to lay down a harmonised framework specifying who, other than the manufacturer or other data holder is entitled to access the data generated by products or related services, under which conditions and on what basis. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation, unless explicitly provided for in this Regulation, since this would affect the direct and uniform application of this Regulation.
Amendment 106 #
2022/0047(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation complements and is without prejudice to Union law aiming to promote the interests of consumers and to ensure a high level of consumer protection, to protect their health, safety and economic interests, in particularcluding Directive 2005/29/EC of the European Parliament and of the Council59 , Directive 2011/83/EU of the European Parliament and of the Council60 and Directive 93/13/EEC of the European Parliament and of the Council61 . _________________ 59 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 60 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 61 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules.
Amendment 109 #
2022/0047(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union including data subjects and consumers, can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties and for the purposes of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for users, micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC and for all other types of enterprises, including start- ups. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related services.
Amendment 115 #
2022/0047(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service, reasonable efforts should be made in the design of the product or related service or the relevant interface so that all personseach user can have access to data they generate. Users of products that generate data typically require a user account to be set up. This allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. Manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons, where relevant, or the possibility for several persons to use the same user account. Access should be granted to the user upon simple request mechanisms granting automatic execution, not requiring examination or clearance by the manufacturer or data holder. This means that data should only be made available when the user actually wants this. Where automated execution of the data access request is not possible, for instance, via a user account or accompanying mobile application provided with the product or service, the manufacturer should swiftly inform the user how the data may be accessed.
Amendment 121 #
2022/0047(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided by the data holder to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679.
Amendment 125 #
2022/0047(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation imposes the obligation on data holders to make data available in certain circumstances. Insofar as personal data are processed, the data holder should be a controller under Regulation (EU) 2016/679. Where users are data subjects, data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this Regulation. However, this Regulation does not create a legal basis under Regulation (EU) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. This applies in particular where the manufacturer is the data holder. In that case, the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. This agreement may be part of the sale, rent or lease agreement relating to the product. Any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be fair and transparent to the user, including as regards the purpose for which the data holder intends to use the data. This Regulation should not prevent contractual conditions, whose effect is to exclude or limit the use of the data, or certain categories thereof, by the data holder. This Regulation should also not prevent sector-specific regulatory requirements under Union law, or national law compatible with Union law, which would exclude or limit the use of certain such data by the data holder on well- defined public policy grounds.
Amendment 128 #
2022/0047(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In sectors characterised by the concentration of a small number of manufacturers supplying end users, there are only limited options available to users with regard to sharing data with those manufacturers. In such circumstances, contractual agreements may be insufficient to achieve the objective of user empowerment. The data tends to remain under the control of the manufacturers or other data holders, making it difficult for users to obtain value from the data generated by the equipment they purchase, rent or lease. Consequently, there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in Europe. This Regulation should therefore build on recent developments in specific sectors, such as the Code of Conduct on agricultural data sharing by contractual agreement. Sectoral legislation may be brought forward to address sector-specific needs and objectives. Furthermore, the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. This would, for instance, involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment, or for instance, using such information to feed in larger databases on certain markets in the aggregate (,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. The user should be given the necessary technical interface to manage permissions, preferably with granular permission options (such as “allow once” or “allow while using this app or service”), including the prominent option to withdraw permission.
Amendment 130 #
2022/0047(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components or operating systems or embedded software, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation with the exception of prototypes. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question.This Regulation applies to products placed on the marketin the Union and thus does not apply to products in development stage such as prototypes.
Amendment 132 #
2022/0047(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In contracts between a data holder and a consumer as a user of a product or related service generating data, EU consumer law applies, Directive 2005/29/EC, which applies against unfair commercial practices, and Directive 93/13/EEC which applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms. For unfair contractual terms unilaterally imposed on a micro, small or medium- sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC63 , this Regulation provides that such unfair terms should not be binding on that enterprise. _________________ 63 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises
Amendment 136 #
2022/0047(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In contrast, certain products that are primarily designed to display or play content, or to record and transmit content, amongst others for the use by an online service should not be covered by this Regulation. Such products include, for example, personal computers, servers, tablets and smart phones, cameras, webcams, sound recording systems and text scanners. They require human input to produce various forms of content, such as text documents, sound files, video files, games, digital maps.
Amendment 139 #
2022/0047(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to prevent the exploitation of users, third parties to whom data has been made available upon request of the user should only process the data for the purposes agreed with the user and share it with another third party only if, as clearly unequivocally informed to the user in timely manner, this is necessary to provide the service requested by the user.
Amendment 140 #
2022/0047(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The use and access to sensitive data generated by a product regulated by a specific sectoral rules is without prejudice to those rules.
Amendment 143 #
2022/0047(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In line with the data minimisation principle, the third party should only access additional information that is necessary for the provision of the service requested by the user. Having received access to data, the third party should process it exclusively for the purposes agreed with the user, without interference from the data holder. It should be as easy for the user to refuse or discontinue access by the third party to the data as it is for the user to authorise access. TData holder or the third party should not make the exercise of the rights or choices of users unduly difficult including by offering choices to users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, by subverting or impairing the autonomy, decision-making or free choices of the user, including by means of a digital interface with the useror a part thereof, including its structure, design, function or manner of operation. iIn this context, the data holders and third parties should not rely on so-called dark patterns in designing their digital interfaces. Dark patterns are design techniques that push or deceive consumers into decisions that have negative consequences for them. These manipulative techniques can be used to persuade users, particularly vulnerable consumers, to engage in unwanted behaviours, and to deceive users by nudging them into decisions on data disclosure transactions or to unreasonably bias the decision-making of the users of the service, in a way that subverts and impairs their autonomy, decision-making and free choice. Common and legitimate commercial practices that are in compliance with Union law should not in themselves be regarded as constituting dark patterns. TData holders and third parties should comply with their obligations under relevant Union law, in particularcluding the requirements set out in Directive 2005/29/EC, Directive 2011/83/EU, Directive 2000/31/EC and Directive 98/6/EC.
Amendment 148 #
2022/0047(COD)
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any softwaincluding data pre -process that calculates derivative data from such data as such software process may be subject to intellectual property rights.ed using the product’s own computing capacity
Amendment 149 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 152 #
2022/0047(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to compensate for the lack of information on the conditions of different contracts, which makes it difficult for the data recipient to assess if the terms for making the data available are non- discriminatory, it should be on the data holder to demonstrate that a contractual term is not discriminatory. It is not unlawful discrimination, where a data holder uses different contractual terms for making data available or different compensation, if those differences are justified by objective reasons. These obligations are without prejudice to Regulation (EU) 2016/679.
Amendment 155 #
2022/0047(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to incentivise the continued investment in generating valuable data, including investments in relevant technical tools, this Regulation contains the principle that the data holder may request reasonable compensation when legally obliged to make data available to the data recipient, in business-to-business relations. These provisions should not be understood as paying for the data itself, but in the case of micro, small or medium-sized enterprises, for the costs incurred and investment required for making the data available.
Amendment 158 #
2022/0047(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The user of a product should be understood as the legal or natural person, such as a business or, consumer or public sector body , which has purchased, rented or leased the product. Depending on the legal title under which he uses it, such a user bears the risks and enjoys the benefits of using the connected product and should enjoy also the access to the data it generates. The user should therefore be entitled to derive benefit from data generated by that product and any related service.
Amendment 158 #
2022/0047(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In duly justified cases, including the need to safeguard consumer participation and competition or to promote innovation in certain markets, Union law or national legislation implementing Union law may impose regulated compensation for making available specific data types.
Amendment 162 #
2022/0047(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Ensuring access to alternative ways of resolving domestic and cross-border disputes that arise in connection with making data available should benefit data holders and data recipients and therefore strengthen trust in data sharing. In cases where parties cannot agree on fair, reasonable and non-discriminatory terms of making data available, dispute settlement bodies should offer a simple, fast and low- cost solution to the parties. This process cannot undermine the exercise of the rights of users and in case users are affected by a dispute between data holders and data recipients or third parties, users should be effectively and swiftly compensated.
Amendment 165 #
2022/0047(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Rules on contractual terms should take into account the principle of contractual freedom as an essential concept in business-to-business relationships. Therefore, not all contractual terms should be subject to an unfairness test, but only to those terms that are unilaterally imposed on micro, small and medium-sized enterprises. This concerns ‘take-it-or- leave-it’ situations where one party supplies a certain contractual term and the micro, small or medium-sized enterprise cannot influence the content of that term despite an attempt to negotiate it. A contractual term that is simply provided by one party and accepted by the micro, small or medium-sized enterprise or a term that is negotiated and subsequently agreed in an amended way between contracting parties should not be considered as unilaterally imposed. All contractual agreements shall be in line with Fair, Reasonable and Non- Discriminatory (FRAND) principles
Amendment 169 #
2022/0047(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service, reasonable efforts should be made in the design of the product or related service or the relevant interface so that all personseach user can have access to data they generate. Users of products that generate data typically require a user account to be set up. This allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. Manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons, where relevant, or the possibility for several persons to use the same user account. Access should be granted to the user upon simple request mechanisms granting automatic execution, not requiring examination or clearance by the manufacturer or data holder. This means that data should only be made available when the user actually wants this. Where automated execution of the data access request is not possible, for instance, via a user account or accompanying mobile application provided with the product or service, the manufacturer should swiftly inform the user how the data may be accessed.
Amendment 170 #
2022/0047(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers or the user. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. TheyProducts may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer or in an environment chosen by the user or the authorised. Where either option is available, the user or third party shall choose their preferred method.
Amendment 177 #
2022/0047(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Unnecessarily high “data egress fees”, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing any “egress fees” charged by the data processing service to a customer.
Amendment 181 #
2022/0047(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Before concluding a contract for the purchase, rent, or lease of a product or the provision of a related service, clear and sufficient information should be provided by the data holder to the user on how the data generated may be accessed. This obligation provides transparency over the data generated and enhances the easy access for the user. This obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to Article 12, 13 and 14 of Regulation 2016/679.
Amendment 185 #
2022/0047(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation imposes the obligation on data holders to make data available in certain circumstances. Insofar as personal data are processed, the data holder should be a controller under Regulation (EU) 2016/679. Where users are data subjects, data holders should be obliged to provide them access to their data and to make the data available to third parties of the user’s choice in accordance with this Regulation. However, this Regulation does not create a legal basis under Regulation (EU) 2016/679 for the data holder to provide access to personal data or make it available to a third party when requested by a user that is not a data subject and should not be understood as conferring any new right on the data holder to use data generated by the use of a product or related service. This applies in particular where the manufacturer is the data holder. In that case, the basis for the manufacturer to use non-personal data should be a contractual agreement between the manufacturer and the user. This agreement may be part of the sale, rent or lease agreement relating to the product. Any contractual term in the agreement stipulating that the data holder may use the data generated by the user of a product or related service should be fair and transparent to the user, including as regards the purpose for which the data holder intends to use the data. This Regulation should not prevent contractual conditions, whose effect is to exclude or limit the use of the data, or certain categories thereof, by the data holder. This Regulation should also not prevent sector-specific regulatory requirements under Union law, or national law compatible with Union law, which would exclude or limit the use of certain such data by the data holder on well- defined public policy grounds.
Amendment 186 #
2022/0047(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service type. Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination services offer. This Regulation doesn't instate an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS service delivery model. Meta- data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching.
Amendment 188 #
2022/0047(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In sectors characterised by the concentration of a small number of manufacturers supplying end users, there are only limited options available to users with regard to sharing data with those manufacturers. In such circumstances, cContractual agreements may be insufficient to achieve the objective of user empowerment. The data tends to remain under the control of the manufacturers or other data holders, making it difficult for users to obtain value from the data generated by the equipment they purchase or lease. Consequently, there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in Europe. This Regulation should therefore build on recent developments in specific sectors, such as the Code of Conduct on agricultural data sharing by contractual agreement. Sectoral legislation may be brought forward to address sector-specific needs and objectives. Furthermore, the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. This would, for instance, involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment, or for instance, using such information to feed in larger databases on certain markets in the aggregate (,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. The user should be given the necessary technical interface to manage permissions, preferably with granular permission options (such as “allow once” or “allow while using this app or service”), including the option to withdraw permission.
Amendment 189 #
2022/0047(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In sectors characterised by the concentration of a small number of manufacturers supplying end users, there are only limited options available to users with regard to sharing data with those manufacturers. In such circumstances, contractual agreements may be insufficient to achieve the objective of user empowerment. The data tends to remain under the control of the manufacturers or other data holders, making it difficult for users to obtain value from the data generated by the equipment they purchase, rent or lease. Consequently, there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in Europe. This Regulation should therefore build on recent developments in specific sectors, such as the Code of Conduct on agricultural data sharing by contractual agreement. Sectoral legislation may be brought forward to address sector-specific needs and objectives. Furthermore, the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. This would, for instance, involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment, or for instance, using such information to feed in larger databases on certain markets in the aggregate (,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. The user should be given the necessary technical interface to manage permissions, preferably with granular permission options (such as “allow once” or “allow while using this app or service”), including the prominent option to withdraw permission.
Amendment 190 #
2022/0047(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) Data users should have the priority on benefitting from the value created by the use of the product. Data holders should ensure that non-personal they receive from the connected product are primarily used for the fulfilment of their contractual obligations to the user. This is without the prejudice of the data holders capability to use the non-personal data generated to improve the functioning of the connected product or related service, to develop new products or services or to enrich, manipulate or aggregate it with other data.
Amendment 191 #
2022/0047(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In contracts between a data holder and a consumer as a user of a product or related service generating data, EU consumer law applies, Directive 2005/29/EC, which applies against unfair commercial practices, and Directive 93/13/EEC which applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms. For unfair contractual terms unilaterally imposed on a micro, small or medium- sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC63 , this Regulation provides that such unfair terms should not be binding on that enterprise. _________________ 63 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises
Amendment 202 #
2022/0047(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The user should be free to use the data for any lawful purpose. This includes providing the data the user has received exercising the right under this Regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. The request should also be valid regardless of whether the request is put forward by the user or an authorised third party acting on users behalf, such as authorised data intermediation service in the meaning of the Regulation (EU) 2022/868. The data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data. It is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product.
Amendment 204 #
2022/0047(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) In order to enforce their rights under this Regulation, natural and legal persons should be entitled to seek redress for the infringements of their rights under this Regulation by lodging complaints with competent authorities. Those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved swiftly. In order to make use of the consumer protection cooperation network mechanism and to enable representative actions, this Regulation amends the Annexes to the Regulation (EU) 2017/2394 of the European Parliament and of the Council68 and Directive (EU) 2020/1828 of the European Parliament and of the Council69 . _________________ 68 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1). 69 Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
Amendment 210 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
Amendment 214 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording; communicated by a product or related service via a publicly available electronic communication service. This includes data that represent the digitalisation of user actions and events such as data generated by the use of a product or related service or recorded intentionally by the user.
Amendment 215 #
2022/0047(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Data generated by the use of a product or related service should only be made available to a third party such as authorised data intermediation service in the meaning of the Regulation (EU) 2022/868 at the request of the user. This Regulation accordingly complements the right provided under Article 20 of Regulation (EU) 2016/679. That Article provides for a right of data subjects to receive personal data concerning them in a structured, commonly used and machine- readable format, and to port those data to other controllers, where those data are processed on the basis of Article 6(1), point (a), or Article 9(2), point (a), or of a contract pursuant to Article 6(1), point (b). Data subjects also have the right to have the personal data transmitted directly from one controller to another, but only where technically feasible. Article 20 specifies that it pertains to data provided by the data subject but does not specify whether this necessitates active behaviour on the side of the data subject or whether it also applies to situations where a product or related service by its design observes the behaviour of a data subject or other information in relation to a data subject in a passive manner. The right under this Regulation complements the right to receive and port personal data under Article 20 of Regulation (EU) 2016/679 in several ways. It grants users the right to access and make available to a third party to any data generated by the use of a product or related service, irrespective of its nature as personal data, of the distinction between actively provided or passively observed data, and irrespective of the legal basis of processing. Unlike the technical obligations provided for in Article 20 of Regulation (EU) 2016/679, this Regulation mandates and ensures the technical feasibility of third party access for all types of data coming within its scope, whether personal or non-personal. This Regulation also allows direct data sharing from users to third parties. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it. This Regulation does not directly or indirectly incentivise the commercialisation or trade of personal data It also allows the data holder to set reasonable compensation to be met by third parties, but not by the user, for any cost incurred in providing direct access to the data generated by the user’s product. If a data holder and third party are unable to agree terms for such direct access, the data subject should be in no way prevented from exercising the rights contained in Regulation (EU) 2016/679, including the right to data portability, by seeking remedies in accordance with that Regulation. It is to be understood in this context that, in accordance with Regulation (EU) 2016/679, a contractual agreement does not allow for the processing of special categories of personal data by the data holder or the third party.
Amendment 220 #
2022/0047(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to prevent the exploitation of users, third parties to whom data has been made available upon request of the user should only process the data for the purposes agreed with the user and share it with another third party only if, as clearly unequivocally informed to the user in timely manner, this is necessary to provide the service requested by the user.
Amendment 220 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'accessible data’ means data that the data holder can request and obtain, via a publicly available electronic communication service, in a digital, machine-readable format, from the product, onto an existing interface.
Amendment 223 #
2022/0047(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In line with the data minimisation principle, the third party should only access additional information that is necessary for the provision of the service requested by the user. Having received access to data, the third party should process it exclusively for the purposes agreed with the user, without interference from the data holder. It should be as easy for the user to refuse or discontinue access by the third party to the data as it is for the user to authorise access. TData holder or the third party should not make the exercise of the rights or choices of users unduly difficult including by offering choices to users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, by subverting or impairing the autonomy, decision-making or free choices of the user, including by means of a digital interface with the user. in this context,or a part thereof, including its structure, design, function or manner of operation. In this context, the data holders and third parties should not rely on so-called dark patterns in designing their digital interfaces. Dark patterns are design techniques that push or deceive consumers into decisions that have negative consequences for them. These manipulative techniques can be used to persuade users, particularly vulnerable consumers, to engage in unwanted behaviours, and to deceive users by nudging them into decisions on data disclosure transactions or to unreasonably bias the decision-making of the users of the service, in a way that subverts and impairs their autonomy, decision-making and free choice. Common and legitimate commercial practices that are in compliance with Union law should not in themselves be regarded as constituting dark patterns. TData holders and third parties should comply with their obligations under relevant Union law, in particularcluding the requirements set out in Directive 2005/29/EC, Directive 2011/83/EU, Directive 2000/31/EC and Directive 98/6/EC.
Amendment 225 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU)2016/679.
Amendment 227 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1c) 'non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679.
Amendment 228 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1d) ‘consent’ means consent as defined in article 4,point (11), of Regulation (EU) 2016/679;
Amendment 229 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 e (new)
Article 2 – paragraph 1 – point 1 e (new)
(1e) 'raw data’ means data collected directly from a source and not processed in any way;
Amendment 232 #
2022/0047(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 232 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Amendment 235 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a product or receives a services;, or related services, or the data subject
Amendment 240 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services, the ability, to make available certain data; When in possession of personal data, only a controller as defined by Article 4.7 of Regulation (EU) 2016/679 can be a ‘data holder’
Amendment 245 #
2022/0047(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to compensate for the lack of information on the conditions of different contracts, which makes it difficult for the data recipient to assess if the terms for making the data available are non- discriminatory, it should be on the data holder to demonstrate that a contractual term is not discriminatory. It is not unlawful discrimination, where a data holder uses different contractual terms for making data available or different compensation, if those differences are justified by objective reasons. These obligations are without prejudice to Regulation (EU) 2016/679.
Amendment 248 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Amendment 251 #
2022/0047(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to incentivise the continued investment in generating valuable data, including investments in relevant technical tools, this Regulation contains the principle that the data holder may request reasonable compensation when legally obliged to make data available to the data recipient, in business-to-business relations. These provisions should not be understood as paying for the data itself, but in the case of micro, small or medium-sized enterprises, for the costs incurred and investment required for making the data available.
Amendment 256 #
2022/0047(COD)
(43) In duly justified cases, including the need to safeguard consumer participation and competition or to promote innovation in certain markets, Union law or national legislation implementing Union law may impose regulated compensation for making available specific data types.
Amendment 270 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘metadata’ means a structured description of the contents of the data facilitating the discovery and use of this data, as well as any other data collected for the purposes of the provision of the service, including configuration parameters, security settings, logs, and other information regarding the use of the service by the final users. As for data generated by the use of connected products, the relevant metadata means the metadata that the data holder uses for its own purpose.
Amendment 276 #
2022/0047(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Rules on contractual terms should take into account the principle of contractual freedom as an essential concept in business-to-business relationships. Therefore, not all contractual terms should be subject to an unfairness test, but only to those terms that are unilaterally imposed on micro, small and medium-sized enterprises. This concerns ‘take-it-or- leave-it’ situations where one party supplies a certain contractual term and the micro, small or medium-sized enterprise cannot influence the content of that term despite an attempt to negotiate it. A contractual term that is simply provided by one party and accepted by the micro, small or medium-sized enterprise or a term that is negotiated and subsequently agreed in an amended way between contracting parties should not be considered as unilaterally imposed. All contractual agreements shall be in line with Fair, Reasonable and Non- Discriminatory (FRAND) principles.
Amendment 278 #
2022/0047(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional casesPublic sector bodies are faced with several interrelated challenges spanning from pandemics and climate change to urban planning and mobility. Privately held data has a high potential to help solving these problems in the public interest. By informing decision making, providing for new scientific insights and resolving policy issues, private held data enablse more targeted interventions and improvement of public service delivery, bringing about significant savings for the public budget. This is why situations it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies such as public health or climate emergencies, in other exceptional cases such as purposes of legitimate public interest explicitly provided by under Union or national law. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
Amendment 278 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, free of charge, safely, easily, securely and, where relevant and appropriate, directly accessible to the user in a structured, commonly used and machine readable format. This shall be done without endangering their functionality and in accordance with data security requirements as laydown by Regulation 2016/679.
Amendment 283 #
2022/0047(COD)
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56 a) The business-to-government data sharing should be driven by the over- arching principles outlined in the High Level Expert Group on Business-to- Government. These principles are: proportionality of the use of private-sector data, data use limitation, “do no harm”, compensation, non-discrimination, limitation mitigation, transparency and societal participation, accountability and fair and ethical data use.
Amendment 283 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Consumers shall have the right to obtain a copy of the data generated by their use of the product and related services, from the data holder without hindrance, in a structured, commonly used and machine-readable format, free of charge.
Amendment 288 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Products and related services shall be designed and manufactured in such a manner that data subjects, irrespective of their legal title over the product, are offered the possibility to use the products covered by this Regulation anonymously or in the least privacy-intrusive way possible, such as by anonymising the data.
Amendment 289 #
2022/0047(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency ishould be determined according to the respective procedures in the Member States or of relevant international organisations.
Amendment 293 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Before concluding a contract for the purchase, rent or lease of a product or a related service, consumers should be presented with granular, meaningful consent options for data processing, within the meaning of Article4 (11) of Regulation (EU) 2016/679, differentiating between data that is essential for the functioning of the product and a related and other types of data. In addition, at least the following information shall be provided to the user, in a clear and comprehentimely, prominent and comprehensible and easily accessible format:
Amendment 297 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) the purpose for which data would be processed
Amendment 298 #
2022/0047(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) An exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specificor exercising a task in the legitimate public interest that has been explicitly provided in lawas provided for in national law. The tasks, aimed at improving the efficient provision of public services and evidence-based public policymaking as well as gaining enforcement of existing laws or regulations, can include but should not be limited to, improving traffic and mobility, environmental sustainability, affordable housing, city planning as well as facilitating the development, production and dissemination of official statistics. Such exceptional need may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation. This covers situations where the existence of a reporting obligation fort the provision of the data in scope of the request exists but is in itself insufficient to guarantee the availability of data of the necessary quality, granularity, and timeliness or where the said obligation is otherwise not fit for the specific use purpose sought.
Amendment 298 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
Article 3 – paragraph 2 – point a b (new)
(ab) the personal data to be processed by the product as well as the indication of the personal data which are necessary for the functioning of the product
Amendment 299 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) how the user may access those data and a copy of those data, free of charge;
Amendment 304 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) whether the seller, renter or lessor is the data holder and, if not, the identity of the data holder, such as its trading name , contact details and the geographical address at which it is established;
Amendment 306 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) the means of communication which enable the user to contact the data holder quickly and communicate with that data holder efficiently in a durable method;
Amendment 307 #
2022/0047(COD)
(g) how the user may request that the data are shared with a third-party, free of charge;
Amendment 310 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The data holder shall not make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a neutral manner, or coerce, deceive or manipulate the user in any way, or subvert or impair the autonomy,decision-making or free choices of the user, including by means of a digital interface or a part thereof, including its structure, design, function or manner of operation
Amendment 311 #
2022/0047(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62 a) The data made available to the public sector bodies should be in a structured and commonly used format, accompanied with a relevant metadata that facilitates the use of the data with only minimal adaptations necessary to make them useable by the public sector or Union institution body.
Amendment 315 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product or related service, the data holder shall make available to the user the data generated by itsthe use of a product or related service without undue delay, free of charge, that are accessible to the data holder, as well as the relevant metadata, without undue delay, free of charge, easily, securely, in a structured, commonly used and machine- readable format, and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. The manufacturer, where technically supported, shall provide on- device access in a non-discriminatory manner. Where on-device and off-device access are available, the user or third party shall choose their preferred method.
Amendment 320 #
2022/0047(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) When reusing data provided by data holders, public sector bodies and Union institutions, agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. . Public administration authorities should coordinate their requests for data and pursue best efforts to ensure that businesses are obliged to supply the same data only once. Where the disclosure of trade secrets of the data holder to public sector bodies or to Union institutions, agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested, confidentiality of such disclosure should be ensured to the data holder.
Amendment 321 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product or related service from which the data originate.
Amendment 324 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. hat are accessible to the data holder, as well as the relevant metadata, to a third party, without undue delay, free of charge to the user, in an interoperable, structured, commonly used and machine- readable format, of the same quality as is available to the data holder and, where applicable, continuously and in real-time and done on the basis of secure access mechanisms. Such data shall be digitally processable and interpretable and shall at least provide basic context, metadata and time stamp.
Amendment 328 #
2022/0047(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69 a) Unnecessarily high “data egress fees”, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services should specifically include withdrawing any “egress fees” charged by the data processing services to a customer.
Amendment 332 #
2022/0047(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the destination data processing services cover (in part or in whole) the same service type. Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination services offer. This Regulation doesn't instate an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS service delivery model. Meta- data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching.
Amendment 333 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. The data holder shall not make the usability of the product or related service dependent on the user allowing it to process data not required for the functionality of the product or provision of the related service.
Amendment 338 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A third party shall process the data made available to it pursuant to Article 5 only for the purposes, mentioned in paragraph 2a and under the conditions agreed with the user, and subject to the rights of the data subject insofar as personal data are concerned, and shall immediately delete the data when they are no longer necessary for the agreed purpose.
Amendment 339 #
2022/0047(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. These standards should be developed in open, technology neutral and inclusive way line with Chapter II of the Regulation (EU) No 1025/2012. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processing services in consultation with the European Data Innovation Board as outlined in the Article 30 of the Regulation (EU) No 2022/868.
Amendment 340 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non- neutral manner, or coerce, deceive or manipulate the user in any way, byor subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the user or a part thereof, including its structure, design, function or manner of operation;
Amendment 345 #
2022/0047(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81 a) In order to further enhance coordination in thee nforcement of this Regulation, the European Data Innovation Board should foster the mutual exchange of information amongst competent authorities as well as advise and assist the Commission in matters falling under this Regulation that fall within the competences of Article 30 of Regulation (EU) 2022/868. A subgroup for stakeholder involvement referred to in Article 29(2)(c) of that Regulation should participate in the consultation on a continual basis.
Amendment 346 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives available to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user and after the user has explicitly been made aware of this in a clear, easily accessible and prominent way;
Amendment 348 #
2022/0047(COD)
Proposal for a regulation
Recital 82
Recital 82
(82) In order to enforce their rights under this Regulation, natural and legal persons should be entitled to seek redress for the infringements of their rights under this Regulation by lodging complaints with competent authorities. Those authorities should be obliged to cooperate to ensure the complaint is appropriately handled and resolved swiftly. In order to make use of the consumer protection cooperation network mechanism and to enable representative actions, this Regulation amends the Annexes to the Regulation (EU) 2017/2394 of the European Parliament and of the Council68 and Directive (EU) 2020/1828 of the European Parliament and of the Council69 . _________________ 68 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1). 69 Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
Amendment 352 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A third party should only use personal data for one of the following specific purposes: (a) the provision of aftermarket services, such as the maintenance and repair of the product or related service or the provision of an aftermarket service that may be in competition with a product or related service provided by the data holder; (b) the provision of an added value service explicitly requested by the consumer or data subject; (c) specific data intermediation services recognised in the Union or specific services provided by data altruism organisations recognised in the Union under the conditions and requirements of Chapters III and IV of Regulation (EU) 2022/868; (d) purposes of non-profit organisations in the public interest; (e) research and innovation in the public interest.
Amendment 353 #
2022/0047(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Prohibited contractual clauses for business to consumer contracts 1. Contractual terms by data holders, third parties or data recipients concerning the access to, sharing and use of data or the liability and remedies for the breach or the termination of data-related obligations shall be prohibited if their object or effect is to; (a) process personal data generated by the use of a product or service by any data subject other than the user, including use by data holders and third parties, where the data makes it possible to make inferences about private lives or would otherwise entail high risks for the rights and freedoms of the individuals concerned; (b) bundle data usage by data holders or third parties, for example for purposes both necessary for the operation of the product or the related service together with purposes which are unnecessary, such as use for marketing or development of new products; (c) unrestrictedly use personal data generated by the use of a product or related services for purposes such as direct marketing or advertising, credit scoring, to determine eligibility to health insurance or to calculate or modify insurance premiums; (d) derogate from remedies resulting from non-conformity of a product or a service caused by the trader's breaches of the Data Act.
Amendment 355 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 359 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Regulation covers personal and non-personal data, including the following types of data or in the following contexts: (a) Chapter II applies to data concerning the performance, use and environment of products and relatedservices. (b) Chapter III applies to anyprivate sector data subject to statutory data sharing obligations. (c) Chapter IV applies to any private sector data accessed and used on the basis of contractual agreements between businesses. (d) Chapter V applies to any privatesector data with a focus on non-personal data. (e) Chapter VI applies to any dataprocessed by data processing services. (f) Chapter VII applies to any non- personal data held in the Union by providers of data processing services.
Amendment 362 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) manufacturers of products and suppliers of related services placed on the market in the Union and the Union based users of such products or services;
Amendment 362 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, that are comparable in terms of activity, size, type of business relationship, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considers the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder to demonstrate that there has been no discrimination.
Amendment 366 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonablein business-to- business relations shall be reasonable. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it.
Amendment 373 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production.
Amendment 379 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Union law on the protection of personal data, privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC, including the powers and competences of supervisory authorities. Insofar as the rights laid down in Chapter II of this Regulation are concerned, and where users are the data subjects of personal data subject to the rights and obligations under that Chapter, the provisions of this Regulation shall complement the right of data portability under Article 20 of Regulation (EU) 2016/679. In the event of a conflict between this Regulation and Union law on the protection of personal data or national law adopted in accordance with such Union law, the relevant Union or national law on the protection of personal data shall prevail. However, insofar as the processing of personal data made available to a data recipient pursuant to Article 5 of the Data Act is restricted in line with Articles 3 to 6, these provisions should be understood as taking precedence over Article 6 of Regulation (EU) 2016/679. This Regulation does not create a legal basis for the processing of personal data and no provision of this Regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications.
Amendment 381 #
2022/0047(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8, 9 and 913.
Amendment 385 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation complements and does not affect the applicability of Union law aiming to promote the interests of consumers and to ensure a high level of consumer protection, to protect their health, safety and economic interests, including Directive 2005/29/EC of the European Parliament and of the Council, Directive2011/83/EU of the European Parliament and of the Council and Directive93/13/EEC of the European Parliament and of the Council. No provision in this Regulation should be applied or interpreted in such a way as to diminish or limit a high level of consumer protection.
Amendment 385 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to effectively obtain a copy or provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 388 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. Dataholders shall not be obliged to provide access to data to any natural or legal person, entity or body outside the Union, unless otherwise provided by the Union law or the implementing national legislations.
Amendment 390 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording; communicated by a product or related service via a publicly available electronic communication service. This includes data that represent the digitalisation of user actions and events such as data generated by the use of a product or related service or recorded intentionally by the user.
Amendment 392 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC shall not be binding on the latter enterprise if it is unfair.provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro, small or medium enterprise;
Amendment 395 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) ‘personal data’ means personal data as defined in Article 4, point(1), of Regulation (EU) 2016/679;
Amendment 397 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) ‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU)2016/679;
Amendment 398 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1 b) 'non-personal data' means data other than personal data;
Amendment 401 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
(1 c) non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679.
Amendment 401 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, including metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requested.
Amendment 406 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1 a) accessible data’ means data that the data holder can request and obtain, via a publicly available electronic communication service, in a digital, machine-readable format, from the product, onto an existing interface.
Amendment 413 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
(1 d) ‘consent’ means consent as defined in article 4, point (11), of Regulation (EU) 2016/679;
Amendment 417 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘product’ means a tangible, movable item, including where incorporated in an immovable item, that obtains, generates or collects, data concerning its use or environment, and that is able to communicate data via a publicly availablen electronic communications service and whose primary function is not the storing and, processing of datar transmission of data nor is it primarily designed to display or play content, or to record and transmit content;
Amendment 428 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4 a) ‘consumer’ means any natural person who, in contracts covered by this Directive, is acting forpurposes which are outside his trade, business, craft or profession;
Amendment 434 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘user’ means a natural or legal person that owns, rents or leases a product or receives a services;, or related services, or the data subject
Amendment 440 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘data holder’ means a legal or natural person who has the right or obligation, in accordance with this Regulation, applicable Union law or national legislation implementing Union law, or in the case of non-personal data and through control of the technical design of the product and related services, the ability, to make available certain data; When in possession of personal data, only a controller as defined by Article 4.7 of Regulation (EU) 2016/679 can be a ‘data holder’
Amendment 443 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) 'data subject' means data subject as referred to in Article 4, point (1), of Regulation (EU) 2016/679;
Amendment 446 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. A data holder receiving a request for access to data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay, taking into account provision of time and necessary technical, organisational and legal measures.
Amendment 449 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8 a) ‘added value service’ means any service provided to the consumer or data subject that can be enabled or improved by access and use of data generated by the use of the product or related service, including personalised services which mean services that, based on the processing of data of the consumer or data subject, offer individualised services to the consumer or data subject such as diet plans, route planning, fitness training, electricity consumption optimisation. They do not include purposes of direct marketing or advertising, credit scoring or determining eligibility to insurances, to calculate or modify insurance premiums or the services of a data broker, even if the data broker shares data with others that provide personalised services;
Amendment 455 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters, including those exacerbated by climate change, and major man-made disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic and financial stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s); and which is determined according to the respective procedures under Union or national law.
Amendment 459 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘official statistics’ means statistics within the meaning of ‘European statistics’ under Regulation (EC) No 223/2009’.
Amendment 460 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Where the public-sector body or the Union institution, agency or body wishes to challenge the level of compensation requested by the data holder, the matter shall be brought to the competent authority referred to in Article 31 of the Member State where the data holder is established.
Amendment 465 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘'open interoperability specificationstandards’ mean ICT technical specifications, as defined in Regulation (EU) No 1025/2012, which are performance oriented towards achieving interoperability between data processing servicesfor repeated or continuous application, publicly available for implementation and use on reasonable terms (including for a reasonable fee or free of charge), adopted through an inclusive, collaborative, consensus-based and transparent process from which materially affected and interested parties cannot be excluded;
Amendment 469 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Amendment 471 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 360 calendar days, the contractual agreement of the service;, or a mutually agreed longer notice period on a contractual basis provided that both parties are able to equally influence the contractual content.
Amendment 472 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 477 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) ‘metadata’ means a structured description of the contents of the data facilitating the discovery and use of this data, as well as any other data collected for the purposes of the provision of the service, including configuration parameters, security settings, logs, and other information regarding the use of the service by the final users. As for data generated by the use of connected products, the relevant metadata means the metadata that the data holder uses for its own purpose.
Amendment 478 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20 a) ‘common European data spaces’ mean purpose- or sector-specific or cross -sectoral interoperable frameworks of common standards and practices to share or jointly process data for, inter alia, development and provision of new products and services, scientific research or civil society initiatives.
Amendment 481 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, and metadata created by the customer and by the use of the originating service, and/or the customer’s applications and other digital assets to another provider of data processing services;
Amendment 483 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 b (new)
Article 2 – paragraph 1 – point 20 b (new)
(20 b) ‘data intermediation service’ means data intermediation service as referred to in Article 2, point (8), of Regulation(EU) 2022/868;
Amendment 485 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 c (new)
Article 2 – paragraph 1 – point 20 c (new)
(20 c) 'operator within data spaces' mean legal persons, such as data holders, data users, and data intermediation service providers, that facilitate or engage in data sharing within and across the common European data spaces;
Amendment 492 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use that are accessible to the data holder are free of charge and, are, by default, easily, securely and, where relevant and appropriate, directly accessible to the user in a structured, commonly used and machine-readable format. Data shall be provided in the form in which they have been generated by the product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata necessary to interpret and use the data.
Amendment 494 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall be designed and manufactured, and related services shall be provided, in such a manner that data generated by their use are, by default, free of charge, safely, easily, securely and, where relevant and appropriate, directly accessible to the user. in a structured, commonly used and machine readable format. This shall be done without endangering their functionality and in accordance with data security requirements as laydown by Regulation 2016/679.
Amendment 500 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1 b. Products and related services shall be designed and manufactured in such a manner that data subjects, irrespective of their legal title over the product, are offered the possibility to use the products covered by this Regulation anonymously or in the least privacy-intrusive way possible, such as by anonymising the data.
Amendment 502 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Consumers shall have the right to obtain a copy of the data generated by their use of the product and related services, from the data holder without hindrance, in a structured, commonly used and machine-readable format.
Amendment 503 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Where on-device access is technically supported, the manufacturer shall make this means of access also available to third-party service providers in a non-discriminatory manner.
Amendment 504 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall:
Amendment 508 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complete the switching process, including reasonably assisting a third- party entity managing the switching process on behalf of the customer;
Amendment 510 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Before concluding a contract for the purchase, rent or lease of a product or a related service, consumers should be presented with granular, meaningful consent options for data processing, within the meaning of Article4 (11) of Regulation (EU) 2016/679, differentiating between data that is essential for the functioning of the product and a related and other types of data. In addition, at least the following information shall be provided to the user, in a clear and comprehentimely, prominent and comprehensible and easily accessible format:
Amendment 516 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(a a) the categories of data transmitted to the data holder by the use of a product or a related service
Amendment 516 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) ensure full continuity or sufficient continuity in compliance with the contractual arrangements related to continuity in the provision of the respective functions or services.
Amendment 520 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide the customer and third parties authorised by the customer, at their request, access to the resources necessary to support the switching process.
Amendment 521 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) how the user may access those data delivered in a usable format and in a simple, clear and free manner for the user ;;
Amendment 522 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) how the user may access those data and a copy of those data, free of charge;
Amendment 524 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the servicewhere technically feasible, at minimum;
Amendment 528 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c b (new)
Article 3 – paragraph 2 – point c b (new)
(c b) (cb) The technical means to access the data, such as Software Development Kits or application programming interfaces , and their terms of use and quality of service shall be sufficiently described to enable the development of such means of access
Amendment 529 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(c a) the data holder shall provide information on the data structures, data formats, vocabularies, classification schemes, taxonomies and code lists, where available, which shall be described in a publicly available and consistent manner.
Amendment 532 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b – point i (new)
Article 24 – paragraph 1 – point b – point i (new)
i) all data imported by the customer at the inception of the service agreement;
Amendment 533 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b – point ii (new)
Article 24 – paragraph 1 – point b – point ii (new)
ii) all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 537 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 360 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 539 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) clear description of the different operations required for switching process and clear indication of the corresponding charges imposed on the customer;
Amendment 541 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) whether the seller, renter or lessor is the data holder and, if not, the identity of the data holder, such as its trading name, contact details and the geographical address at which it is established;
Amendment 544 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) the means of communication which enable the user to contact the data holder quickly and communicate with that data holder efficiently in a durable method;
Amendment 548 #
2022/0047(COD)
(g) how the user may request that the data are shared with a third-party, free of charge;
Amendment 552 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs, the date of entry into force of this Regulation] onwards, providers of data processing services shall not impose any charges on the customer who are consumers for the switching process.
Amendment 553 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The data holder shall not make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a neutral manner, or coerce, deceive or manipulate the user in any way, or subvert or impair the autonomy, decision-making or free choices of the user, including by means of a digital interface or a part thereof, including its structure, design, function or manner of operation
Amendment 558 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product, the data holder shall make available to the user the data generated by itsthe use of a product or related service without undue delay easily, in a structured, commonly used and machine-readable format, free of charge and, where applicable, continuously and in real-time. accompanied with relevant metadata. Data shall be provided in the form in which they have been generated by the product including data generated by the use of a product, with only the minimal adaptations necessary to make them useable by a third party, including related metadata and support tools necessary to interpret and use the data in order to achieve the intended purpose- This shall be done on the basis of a simple request through electronic means where This shall be done on the basis of a simple request through electronic means where technically feasible.
Amendment 559 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where data cannot be directly accessed by the user from the product or related service, the data holder shall make available to the user the data generated by itsthe use of a product or related service without undue delay, free of charge and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible, that are accessible to the data holder, as well as the relevant metadata, without undue delay, free of charge, easily, securely, in a structured, commonly used and machine- readable format, and, where applicable, continuously and in real-time. This shall be done on the basis of a simple request through electronic means where technically feasible. The manufacturer, where technically supported, shall provide on- device access in a non-discriminatory manner. Where on-device and off-device access are available, the user or third party shall choose their preferred method.
Amendment 559 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X + 3 yrs] onwards, providers of data processing services shall not impose any charges on the customer in the context of business-to-business relations for the switching process.
Amendment 562 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+32yrs], providers of data processing services may impose reduced charges on the customer in business-to-business relations for the switching process.
Amendment 573 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties. Such measures shall be utilized in a limited manner and only when theshared data includes trade secrets as defined by the EU or national law. The data holder shall prove the existence of trade secrets when it invokes measures to preserve the confidentiality of the shared data.
Amendment 574 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1a of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 577 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure that provide assistance and take all necessary measures in their power, including in cooperation with the data processing service provider of the destination service, to facilitate the customer, after switching to a service covering the same service type offered by a different provider of data processing services, enjoyswith the aim of achieving functional equivalence in the use of the new service.
Amendment 582 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed upon agreement of both parties provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures to preserve the confidentiality of the shared data, in particular in relation to third parties.
Amendment 582 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processing services shall make open interfacescan be required by the data recipient to make open interfaces designed to facilitate switching between services of the same service type publicly available and free of charge.
Amendment 585 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shall ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation or another format mutually agreed upon by the parties.
Amendment 589 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The user shall not use the data obtained pursuant to a request referred to in paragraph 1 to develop a product that competes with the product or related service from which the data originate.
Amendment 595 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Providers of data processing services should not be required to make their services less secure to ensure functional equivalence nor providers of non-infrastructure services be required to meet specifications that do not support security features of their service,unless in cases where such change introduces higher security and cybersecurity standards.
Amendment 596 #
2022/0047(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The data holder and the user shall only use any non-personal data generated by the use of a product or related service on the basis of a contractual agreement with the user. The data holder shall not use such data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or the use by the user that could undermine the commercial position of the user in the markets in which the user is active.
Amendment 605 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicable, continuously and in real-time. hat are accessible to the data holder, as well as the relevant metadata, to a third party, without undue delay, free of charge to the user, in an interoperable, structured, commonly used and machine- readable format, of the same quality as is available to the data holder and, where applicable, continuously and in real-time and done on the basis of secure access mechanisms. Such data shall be digitally processable and interpretable and shall at least provide basic context, metadata and time stamp.
Amendment 608 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user such as authorised data intermediation service in the meaning of the Regulation (EU) 2022/868, the data holder shall make available the data generated by the use of a product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder, free of charge to the user via a well-formed application programming interface and, where applicable, continuously and in real- time.
Amendment 612 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Amendment 614 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) the dataset content, use restrictions, licences, data collection methodology, data quality and uncertainty shall be sufficiently described in a machine-readable format to allow the recipient to find, access and use the data;
Amendment 618 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point c
Article 28 – paragraph 1 – subparagraph 1 – point c
(c) the technical means to access the data, such as application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties, including continuously or in real-time in a machine-readable format, where that is necessary for the good functioning of the product or service and is technically feasible;
Amendment 626 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Operators ofwithin data spaces and data holders that meet the harmonised standards or parts thereof published by reference in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this Article, to the extent those standards cover those requirements.
Amendment 632 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation, assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active, unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time. The data holder shall not use any data generated by the use of the product or related service to monitor the interactions between users and third parties except for objectively justified security considerations
Amendment 635 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) enhance portability of data and of digital assets between different data processing services that cover the same service type;
Amendment 636 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. The data holder shall not make the usability of the product or related service dependent on the user allowing it to process data not required for the functionality of the product or provision of the related service.
Amendment 637 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) guarantefacilitate, where technically feasible, functional equivalence between different data processing services that cover the same service type.
Amendment 640 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
Amendment 646 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to define the scope of a specific service type and to draft European standards applicable to specific service types of data processing services.
Amendment 650 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) make the exercise of the rights or choices of users unduly difficult including by offering choices to the end-users in a non-neutral manner, or coerce, deceive or manipulate the user in any way, by subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the user or a part thereof, including its structure, design, function or manner of operation;
Amendment 651 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) make the exercise of the rights or choices of users unduly difficult including by offering choices to the users in a non- neutral manner, or coerce, deceive or manipulate the user in any way, byor subverting or impairing the autonomy, decision-making or choices of the user, including by means of a digital interface with the user or a part thereof, including its structure, design, function or manner of operation;
Amendment 653 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) the national competent authority responsible for the application and enforcement of Chapter VI of this Regulation shall have, sufficient technical and human resources and expertise experience in the field of consumer protection, data and electronic communications services.
Amendment 655 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) use the data it receives for the profiling of natural persons within the meaning of Article 4(4) of Regulation (EU) 2016/679, unless it is strictly necessary to provide the service requested by the user;
Amendment 657 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) make the data available it receives available to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user; and after the user has explicitly been made aware of this in a clear, easily accessible and prominent way;
Amendment 661 #
2022/0047(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant, collectively, with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights under this Regulation have been infringed.
Amendment 662 #
2022/0047(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Competent authorities shall cooperate to handle and resolve complaints, including by effectively and in a timely manner, including by setting reasonable deadlines for adopting formal decisions, ensuring equality of the parties, ensuring the right to be heard from complainants and access to the file throughout the process, exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the specific cooperation mechanism provided for by Chapters VI and VII of Regulation (EU) 2016/679.
Amendment 665 #
2022/0047(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Representation Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, recipients of intermediary services shall at least have the right to mandate a body, organisation or association to exercise the rights conferred by this Regulation on their behalf, provided the body, organisation or association meets all of the following conditions: (a) it operates on a not-for-profit basis; (b) it has been properly constituted in accordance with the law of a Member State; (c) its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with.
Amendment 667 #
2022/0047(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Amendment 668 #
2022/0047(COD)
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Right to an effective judicial remedy against a controller or processor 1. Without prejudice to any available administrative or non-judicial remedy, including under Directive (EU) 2020/1828 and the righto lodge a complaint with a competent authority pursuant to Article 32b,each user shall have the right to an effective judicial remedy where he or she considers that their rights under this Regulation have been infringed as a result of the non-compliance with this Regulation. 2. Proceedings against a data holder, third party or data recipient shall be brought before the courts of the Member State where the user has their habitual residence, place or work or establishment.
Amendment 669 #
2022/0047(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, including administrative fines against enterprises of a minimum of 20 000 000 EUR or 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
Amendment 671 #
2022/0047(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
The Commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. Such contractual terms shall be in line with Fair, Reasonable and Non- Discriminatory (FRAND) principles.
Amendment 672 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. A third party should only use personal data for one of the following specific purposes: (a) the provision of aftermarket services, such as the maintenance and repair of the product or related service or the provision of an aftermarket service that may be in competition with a product or related service provided by the data holder; (b) the provision of an added value service explicitly requested by the consumer or data subject; (c) specific data intermediation services recognised in the Union or specific services provided by data altruism organisations recognised in the Union under the conditions and requirements of Chapters III and IV of Regulation (EU) 2022/868; (d) purposes of non-profit organisations in the public interest; (e) research and innovation in the public interest.
Amendment 672 #
2022/0047(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
The Commission shall, after consulting the European Data Protection Board, issue guidelines on the definition of products to ascertain which devices are included or excluded from the scope of this Regulation in line with the definition of product under Article 2 of this Regulation.
Amendment 675 #
2022/0047(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 676 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 678 #
2022/0047(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The obligations of this Chapter related to business-to-business data sharing shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
Amendment 689 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, that are comparable in terms of activity, size, type of business relationship, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considers the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder to demonstrate that there has been no discrimination.
Amendment 696 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonablein business-to- business relations shall be reasonable. This Regulation precludes the data holder or the third party from directly or indirectly charging consumers or data subjects a fee, compensation or costs for sharing data or for accessing it.
Amendment 699 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Any compensation agreed between a data holder and a data recipient for making data available shall be reasonable and shall not exceed the costs directly related to making the data available.
Amendment 704 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, aAny compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly.
Amendment 707 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Where the data recipient is a micro, small or medium enterprise, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, anyAny reasonable compensation agreed shall not exceed the costs directly related to making the data available to the data recipient and which are attributable to the request. Article 8(3) shall apply accordingly. These costs include the costs necessary for data reproduction, dissemination via electronic means and storage, but not of data collection or production.
Amendment 717 #
2022/0047(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Data holders and data recipients shall have access to dispute settlement bodies, certified in accordance with paragraph 2 of this Article, to settle disputes in relation to the determination of fair, reasonable and non-discriminatory terms for and the transparent manner of making data available in accordance with Articles 8 and 9 and 13.
Amendment 724 #
2022/0047(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The data holder may apply appropriate technical protection measures, including smart contracts, to prevent unauthorised access to the data and to ensure compliance with Articles 5, 6, 9 and 10, as well as with the agreed contractual terms for making data available. Such technical protection measures shall not be used as a means to hinder the user’s right to effectively obtain a copy or provide data to third parties pursuant to Article 5 or any right of a third party under Union law or national legislation implementing Union law as referred to in Article 8(1).
Amendment 738 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC shall not be binding on the latter enterprise if it is unfair.provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro, small or medium enterprise;
Amendment 740 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise on a micro, small or medium-sized enterprise as defined in Article 2 of the Annex to Recommendation 2003/361/EC or which has been unilaterally imposed by an enterprise which is the sole source of crucial data they hold in some ecosystem shall not be binding on the latterrecipient enterprise if it is unfair.
Amendment 753 #
2022/0047(COD)
Proposal for a regulation
Article 13 – paragraph 8 a (new)
Article 13 – paragraph 8 a (new)
8 a. The Commission shall conduct a regular market investigation to review and, if necessary, revise the unfair contractual terms listed in paragraphs 3 and 4 of this Article.
Amendment 756 #
2022/0047(COD)
Proposal for a regulation
Chapter V – title
Chapter V – title
V MAKING DATA AVAILABLE TO PUBLIC SECTOR BODIES AND UNION INSTITUTIONS, AGENCIES OR BODIES BASED ON EXCEPTIONAL NEED
Amendment 758 #
2022/0047(COD)
Proposal for a regulation
Article 14 – title
Article 14 – title
Obligation to make data available based on exceptional need
Amendment 761 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, including relevant metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need or a legitimate public interest to use the data requested.
Amendment 764 #
2022/0047(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Upon request, a data holder shall make data, including metadata, available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need to use the data requested.
Amendment 769 #
Amendment 776 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where the data requested is necessary to respond toprevent or respond to or recover from a public emergency;
Amendment 780 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 789 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – introductory part
Article 15 – paragraph 1 – point c – introductory part
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specificor exercising tasks in the public interest that hasve been explicitly provided by law; and
Amendment 791 #
2022/0047(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c – point 1
Article 15 – paragraph 1 – point c – point 1
(1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market raton reasonable prices or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or
Amendment 802 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. This Chapter shall be without prejudice to further specific sectoral rules pertaining to the types of data for which rules have been laid down in Union or national law.
Amendment 803 #
2022/0047(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The rights from this Chapter shall not be exercised to obtain information or take decisions concerning identifiable individuals. The rights from this Chapter shall not be exercised by public sector bodies and Union institutions, agencies and bodies in order to carry out activities for the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal penalties, or for customs or taxation administration. This Chapter does not affect the applicable Union and national law on the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, or for customs or taxation administration.
Amendment 845 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) in case of requests made pursuant to Article 15, point (a), concern, insofar as possible, non- personal data;
Amendment 849 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point d a (new)
Article 17 – paragraph 2 – point d a (new)
(d a) in case of requests made pursuant to Article 15, point (b), concern personal data only in case the dataprocessing has a specific basis in Union or Member State law;
Amendment 864 #
2022/0047(COD)
Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2 a (new)
Article 17 – paragraph 4 – subparagraph 2 a (new)
The third party shall not use the data it receives from a public sector body or a Union institution, agency or body as a result of the outsourcing of technical inspections or other functions pursuant to paragraph 4, to develop a product or a service that competes with the product or service from which the accessed data originate or share the data with another third party for that purpose
Amendment 872 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. A data holder receiving a request for access to data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay, taking into account provision of time and necessary technical, organisational and legal measures.
Amendment 887 #
2022/0047(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to anonymise or pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.
Amendment 891 #
2022/0047(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. A public sector body or a Union institution, agency or body having received data pursuant to a request made under Article 14 or statistical or research organisation receiving data pursuant to a request made under Article 21(1) shall:
Amendment 923 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceedcover the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
Amendment 930 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. Where the public-sector body or the Union institution, agency or body wishes to challenge the level of compensation requested by the data holder, the matter shall be brought to the competent authority referred to in Article 31 of the Member State where the data holders is established.
Amendment 931 #
2022/0047(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. Where the public sector body or the Union institution, agency or body wishes to challenge the level of compensation requested by the data holder, the matter shall be brought to the competent authority referred to in Article 31 of the Member State where the data holder is established.
Amendment 934 #
2022/0047(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. A public sector body or a Union institution, agency or body shall be entitled to share data received under this Chapter with individuals or organisations in view of carrying out scientific research or analytics compatible with the purpose for which the data was requested, or to national statistical institutes, the members of the European System of Central Banks, and Eurostat for the compilation of official statistics.
Amendment 952 #
2022/0047(COD)
Proposal for a regulation
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4 a. Where a public sector body intends to request data under Article 15 (b) of this Chapter from a data holder established in another Member State the request shall be evaluated in line by the competent authority of the Member State where the data holder is established.
Amendment 957 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 360 calendar days, the contractual agreement of the service; , or a mutually agreed longer notice period on a contractual basis provided that both parties are able to equally influence the contractual content.
Amendment 959 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting its data, and metadata created by the customer and by the use of the originating service, and/or the customer’s applications and other digital assets to another provider of data processing services;
Amendment 965 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 360 calendar days, during which the data processing service provider shall:
Amendment 969 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complete the switching process, including reasonably assisting a third- party entity managing the switching process on behalf of the customer;
Amendment 971 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) ensure full continuity or sufficient continuity in compliance with the contractual arrangements related to continuity in the provision of the respective functions or services.
Amendment 972 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide the customer and third parties authorised by the customer, at their request, access to the resources necessary to support the switching process.
Amendment 974 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, where technically feasible, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service;
Amendment 978 #
2022/0047(COD)
(c) a minimum period for data retrieval of at least 360 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 979 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(c a) clear description of the different operations required for switching process and clear indication of the corresponding charges imposed on the customer;
Amendment 983 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [the date X+3yrsof entry into force of this Regulation] onwards, providers of data processing services shall not impose any charges on the customer who are consumers for the switching process.
Amendment 985 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. From [date X + 3 yrs] onwards, providers of data processing services shall not impose any charges on the customer in the context of business-to-business relations for the switching process.
Amendment 986 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+32yrs], providers of data processing services may impose reduced charges on the customer in business-to-business relations for the switching process.
Amendment 989 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1a of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 991 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensure thatprovide assistance and take all necessary measures in their power, including in cooperation with the data processing service provider of the destination service, to facilitate the customer, after switching to a service covering the same service type offered by a different provider of data processing services, enjoyswith the aim of achieving functional equivalence in the use of the new service.
Amendment 993 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processing services shall make open interfacescan be required by the data recipient to make open interfaces designed to facilitate switching between services of the same service type publicly available and free of charge.
Amendment 1001 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Providers of data processing services should not be required to make their services less secure to ensure functional equivalence nor providers of non-infrastructure services be required to meet specifications that do not support security features of their service, unless incases where such change introduces higher security and cybersecurity standards.
Amendment 1006 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonable technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer orand governmental access to such non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
Amendment 1010 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
The addressee of the decision mayshall ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine whether these conditions are met, notably when it considers that the decision may relate to commercially sensitive data, or may impinge on national security or defence interests of the Union or its Member States.
Amendment 1011 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 3
Article 27 – paragraph 3 – subparagraph 3
The European Data Innovation Board established under Regulation [xxx – DGA](EU) 2022/868 shall advise and assist the Commission in developing guidelines on the assessment of whether these conditions are met.
Amendment 1017 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Operators ofwithin data spaces shall comply with, the following essential requirements applicable to the services offered by the operator, to facilitate interoperability of data, data sharing mechanisms and services:
Amendment 1020 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Amendment 1022 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) the dataset content, use restrictions, licences, data collection methodology, data quality and uncertainty shall be sufficiently described in a machine-readable format to allow the recipient to find, access and use the data;
Amendment 1026 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point c
Article 28 – paragraph 1 – subparagraph 1 – point c
(c) the technical means to access the data, such as application programming interfaces, and their terms of use and quality of service shall be sufficiently described to enable automatic access and transmission of data between parties, including continuously or in real-time in a machine-readable format, where that is necessary for the good functioning of the product or service and is technically feasible;
Amendment 1027 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point d
Article 28 – paragraph 1 – subparagraph 1 – point d
(d) the means to enable the interoperability of smart contracts for data sharing within their services and activities shall be provided.
Amendment 1033 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission, in consultation with the European Data Innovation Board in line with the Articles 29and 30 (f)and 30(h) of the Regulation (EU)No 2022/868 is empowered to adopt delegated acts, in accordance with Article 38 to supplement this Regulation by further specifying the essential requirements referred to in paragraph 1.
Amendment 1035 #
2022/0047(COD)
3. Operators ofwithin data spaces and data holders that meet the harmonised standards or parts thereof published by reference in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this Article, to the extent those standards cover those requirements.
Amendment 1037 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
Amendment 1041 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this Article and are developed inan and are developed in an open, transparent, technology-neutral, and inclusive manner in accordance with the Chapter II of Regulation (EU) No 1025/2012.
Amendment 1045 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. The Commission, in consultation with the European Data Innovation Board in line with the Articles 29 and 30(f)and 30(h) of the Regulation (EU) 2022/868 may adopt guidelines laying down interoperability specifications for the functioning of common European data spaces, such as architectural models and technical standards implementing legal rules and arrangements between parties that foster data sharing, such as regarding rights to access and technical translation of consent or permission.
Amendment 1052 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) enhance portability of data and of digital assets between different data processing services that cover the same service type;
Amendment 1054 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) guarantefacilitate, where technically feasible, functional equivalence between different data processing services that cover the same service type.
Amendment 1062 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. The Commission may, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to define the scope of a specific service type and to draft European standards applicable to specific service types of data processing services.
Amendment 1063 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission in consultation with the European Data Innovation Board in line with the Articles 29 and 30(f) and 30(h) of Regulation (EU) 2022/868 shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability of data processing services in central Union standards repository for the interoperability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
Amendment 1067 #
2022/0047(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
30 Essential requirements regarding smart contracts for data sharing
Amendment 1069 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) robustness and access control: ensure that the smart contract has been designed to offer rigorous access control mechanisms and a very high degree of robustness to avoid functional errors and to withstand manipulation by third parties;
Amendment 1072 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point c
Article 30 – paragraph 1 – point c
Amendment 1075 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
Amendment 1082 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1085 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 1087 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 1089 #
2022/0047(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
Amendment 1095 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Each Member State shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation, with designated responsible competent authority coordinating the work of the competent authorities. Member States may establish one or more new authorities or rely on existing authorities.
Amendment 1102 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) the national competent authority responsible for the application and enforcement of Chapter VI of this Regulation shall have, sufficient technical and human resources and expertise experience in the field of consumer protection, data and electronic communications services.
Amendment 1104 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point c
Article 31 – paragraph 2 – point c
(c) the national competent authority responsible for the application and enforcement of Chapter VI of this Regulation shall have technical and human resources and experience in the field of data and electronic communications services.
Amendment 1105 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – introductory part
Article 31 – paragraph 3 – introductory part
3. Member States shall ensure that the respective tasks and powers of the competent authorities designated pursuant to paragraph 1 of this Article are clearly defined and shall at least include:
Amendment 1107 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point b
Article 31 – paragraph 3 – point b
(b) handling complaints arising from alleged violations of this Regulation, and investigating, to the extent appropriate, the subject matter of the complaint and regularly and meaningfully informing the complainant of the progress and the outcome of the investigation swiftly within a reasonable period, in particular if further investigation or coordination with another competent authority is necessary;
Amendment 1110 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point d
Article 31 – paragraph 3 – point d
(d) imposing, through administrative or juridical procedures, dissuasive financial penalties which may include periodic penalties and penalties with retroactive effect, or initiating legal proceedings for the imposition of fines;
Amendment 1111 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point e
Article 31 – paragraph 3 – point e
(e) monitoring technological developments of relevance for the making available and use of data with a view of better enforcing this Regulation; ;
Amendment 1114 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point f
Article 31 – paragraph 3 – point f
(f) cooperating with competent authorities of other Member States to ensure the consistent swift and effective application of this Regulation, including the exchange of all relevant information by electronic means, in a timely manner without undue delay;
Amendment 1117 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point h
Article 31 – paragraph 3 – point h
(h) cooperating with all relevant competent authorities and the European Data the European Data Innovation Board to ensure that the obligations of Chapter VIthis Regulation are enforced consistently with other Union legislation and self-regulation applicable to providers of data processing service;ctor specific data governance rules and regulations
Amendment 1120 #
2022/0047(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where a Member State designates more than one competent authority, the competent authorities shall, in the exercise of the tasks and powers assigned to them under paragraph 3 of this Article, cooperate with each other, including, as appropriate, with the supervisory authority responsible for monitoring the application of Regulation (EU) 2016/679, to ensure the consistent application of this Regulation. In such cases, relevant Member States shall designate a coordinating, responsible competent authority.
Amendment 1126 #
2022/0047(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article 31 a Role of the European Data Innovation Board The European Data Innovation Board should foster the mutual exchange of information amongst competent authorities as well as advise and assist the Commission in matters of this Regulation falling under the competences of the Board in line with Article 30 of Regulation (EU) 2022/868
Amendment 1127 #
2022/0047(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, natural and legal persons shall have the right to lodge a complaint, individually or, where relevant , collectively, with the relevant competent authority in the Member State of their habitual residence, place of work or establishment if they consider that their rights or the obligations under this Regulation have been infringed.
Amendment 1129 #
2022/0047(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Competent authorities shall cooperate early in the process to handle and resolve complaints, including by effectively and in a timely manner, including by setting reasonable deadlines for adopting formal decisions, ensuring equality of the parties, ensuring the right to be heard from complainants and access to the file throughout the process, exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the specific cooperation mechanism provided for by Chapters VI and VII of Regulation (EU) 2016/679.
Amendment 1130 #
2022/0047(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Competent authorities shall cooperate to handle and resolve complaints, including by effectively and in a timely manner, including by setting reasonable deadlines for adopting formal decisions, ensuring equality of the parties, ensuring the right to be heard from complainants and access to the file throughout the process, exchanging all relevant information by electronic means, without undue delay. This cooperation shall not affect the specific cooperation mechanism provided for by Chapters VI and VII of Regulation (EU) 2016/679.
Amendment 1131 #
2022/0047(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Representation Without prejudice to Directive (EU) 2020/1828 or to any other type of representation under national law, recipients of intermediary services shall at least have the right to mandate a body, organisation or association to exercise the rights conferred by this Regulation on their behalf, provided the body, organisation or association meets all of the following conditions: (a) it operates on a not-for-profit basis; (b) it has been properly constituted in accordance with the law of a Member State; (c) its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with.
Amendment 1132 #
2022/0047(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Right to an effective judicial remedy against a competent authority 1. Without prejudice to any other administrative or non-judicial remedy, each user shall have the right to an effective judicial remedy against a legally binding decision of a competent authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each user shall have the right to an effective judicial remedy where the competent authority does not handle a complaint swiftly or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 32. 3. Proceedings against a competent authority shall be brought before the courts of the Member State of the habitual residence, place of work or establishment of the user or their representative organisation. 4. Where proceedings are brought against a decision of a competent authority which was preceded by an opinion or a decision of the Board in the consistency mechanism, the supervisory authority shall forward that opinion or decision to the court.
Amendment 1133 #
2022/0047(COD)
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Right to an effective judicial remedy against a controller or processor 1. Without prejudice to any available administrative or non-judicial remedy, including under Directive (EU) 2020/1828 and the righto lodge a complaint with a competent authority pursuant to Article 32b,each user shall have the right to an effective judicial remedy where he or she considers that their rights under this Regulation have been infringed as a result of the non-compliance with this Regulation. 2. Proceedings against a data holder, third party or data recipient shall be brought before the courts of the Member State where the user has their habitual residence, place or work or establishment.
Amendment 1135 #
2022/0047(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive, including administrative fines against enterprises of a minimum of 20 000 000EUR or 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
Amendment 1139 #
2022/0047(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Member States shall by [date of application of the Regulation] notify the Commission , the European Data Protection Board and the European Data Innovation Boardof those rules and measures and shall notify it them without delay of any subsequent amendment affecting them. The Commission shall regularly update and maintain an easily accessible public register of those measures.
Amendment 1143 #
2022/0047(COD)
The Commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. These non-binding contractual terms shall be openly freely available in easily usable electronic format.
Amendment 1144 #
2022/0047(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
The Commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. Such contractual terms shall be in line with Fair, Reasonable and Non- Discriminatory(FRAND) principles.
Amendment 1145 #
2022/0047(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Amendment 1147 #
2022/0047(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
The right of the maker of a databaseas provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by data holders in such away that it prevents them from making data available to public sector bodies, or Union institutions, agencies or bodies, subsequent to a request made under Article 14 of this Regulation.
Amendment 1153 #
2022/0047(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point e a (new)
Article 41 – paragraph 1 – point e a (new)
(e a) evaluation of the impacts of this Regulation to the development of business practices and monetisation practices of the European data economy and possible needs for reviewing the Regulation.
Amendment 342 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘chip’ means an electronic device comprising various functional elements on a single piece of semiconductor material, typically taking the form of memory, logic, processor, light information or signal detector, signal generator and analogue devices, also referred to as ‘integrated circuit’;
Amendment 362 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘next generation chips’ and ‘next generation semiconductor technologies’ means chips and semiconductor technologies that go beyond the state of the art in offering significant improvements in computing power, light processing or energy efficiency as well as other significant energy and environmental gains;
Amendment 471 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) developing and managing specific training actions on semiconductor technologies to support the development of the talent pool in the Union, including but not limited to increase the STEM studies awareness among young population, promoting the reskilling of current workers, and fostering placements and short stays of students and researchers in the industry.
Amendment 475 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Competence Centers shall perform the activities in close cooperation with industry, universities or research and technology organizations across the value chain, particularly with those facilities designated as “first -of-a-kind”.
Amendment 501 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) it guarantees not to be subject to the extraterritorial application of public service obligations, and to restrictions to business operation and supply of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises;
Amendment 532 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) it guarantees not to be subject to the extraterritorial application of public service obligations, and to restrictions to business operation and supply of third countries in a way that may undermine the undertaking’s ability to comply with the obligations set out in Article 21(1) and commits to inform the Commission when such obligation arises;
Amendment 586 #
2022/0032(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The security of supply of semiconductors may be considered an imperative reason of overriding public interest within the meaning of Article 6(4) and Article 16(1)(c) of Directive 92/43/EEC and of overriding public interest within the meaning of Article 4(7) of Directive 2000/60. Therefore, the planning, construction and operation of Integrated Production Facilities and Open EU Foundries may be considered of overriding public interest, provided that the remaining other conditions set out in these provisions are fulfilled. In consideration of the public funding support received facilities under Integrated Production Facilities and Open EU Foundry, Member States shall ensure that unjustified restrictions to the business operations and supply chain of these facilities originating from the extraterritorial application of third countries' restrictions are eliminated or minimised.
Amendment 776 #
2022/0032(COD)
Proposal for a regulation
Chapter V – Section 2 a (new)
Chapter V – Section 2 a (new)
2a International cooperation Article 26a International cooperation 1. The Commission, on behalf of the Union, shall pursue cooperation with relevant third countries on mutual support and benefits in the field of semiconductor supply, building on complementarities and interdependencies along the semiconductor supply chain. Complementarities and interdependencies should be focused on the gaps identified through the mapping of undertakings operating in the Union along the semiconductor supply chain. 2. The Commission shall enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address future supply chain disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora, and should ensure robust engagement with the stakeholder community. 3. In future investment and trade agreement of the Union with relevant third countries, collaboration in the field of semiconductors and along the entire semiconductor supply chain shall be a priority. 4. For the purpose of implementing actions under the Initiative's component referred to in Article 5, point d, the Commission may set up an exchange programme for doctoral researchers in semiconductors engineering. The programme shall finance exchange periods for doctoral researchers between two or more higher education institutions in the Union and EEA members, including universities and research and technology organisations, and the relevant third countries. The cooperation agreement shall aim for the reciprocal participation of legal entities established in the Union in equivalent programmes of associated countries.
Amendment 4 #
2021/2179(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the vital importance of the approximately 2.8 million social and solidarity-based enterprises in the EU, which employ more than 13.6 million people, and underlines their contribution to cohesion, social care, quality job creation, the circular economy, the fight against poverty and inequality, the reintegration of disadvantaged people, the inclusion of legal migrants and refugees in our society, gender equality, improvements in health and the steps to be taken for a better environment, biodiversity and the fight against climate change;
Amendment 13 #
2021/2179(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the efforts of the social economy should be aligned with the ongoing support for the green and digital transition, and highlights the need to strengthen the role of social economy enterprises in Just Transition Regions;
Amendment 22 #
2021/2179(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights that during the efforts to mitigate the COVID-19 pandemic, many local SMEs, which are the backbone of the social economy, provided essential services in regions where public authorities did not have an optimally functioning social care infrastructure.
Amendment 23 #
2021/2179(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Believes in improved access to public and private funding opportunities in order to reduce the current funding gap for social economy enterprises and that tendering procedures by regional and municipal authorities can play an important role in supporting local SMEs involved in social economy.
Amendment 45 #
2021/2179(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to make a quick and real improvement toDraws attention to the fact that the General Block Exemption Regulation in orderneeds to be improved in such a way as to increase the de minimis threshold and ease the rules in relation to aid for social enter-prises, access to finance, training and capacity building; defends a real revision of public procurement with the inclusion of social and environmental conditionality.
Amendment 3 #
2021/2158(DEC)
Motion for a resolution
Recital F
Recital F
F. whereas European development aid and public investments should promote joint priorities and policy objectives that include the eradication of poverty, climate and environmental action and economic and trade policies and should be fully aligned with the principles of fundamental human rights, democracy and good governance; whereas the results achieved as regards the intention for inclusive public policies are to promote shared growth and to help tackle social or geographical disparities;
Amendment 11 #
2021/2158(DEC)
Motion for a resolution
Recital V a (new)
Recital V a (new)
V a. whereas Parliament will only be able to exercise properly its role as discharge authority if it is kept regularly and comprehensively updated by the Commission, with detailed information regarding EDF-funded projects, their recipients and implementation;
Amendment 12 #
2021/2158(DEC)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the closure of the eighth EDF and the Commission’'s intention to close the ninth EDF as soon as possible; notes, in addition, that the closure of the ninth EDF cannot be completed before 2023, taking into account the fact that 19 decisions and 37 contracts are still ongoing, out of which 3 decisions concern South Sudan and were decided after the sunset clause of the ninth EDF came into effect, with contractual dates until 2023; calls on the Commission to keep the discharge authority informed in a timely manner about the achievement of that intention; takes note that the Commission has accepted Court’s recommendation in this regard and that it will report each year the progress made on the closure of the ninth EDF in the Annual Activity Report;
Amendment 14 #
2021/2158(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Commission to continue taking steps in order to ensure that the international organisations and partners provide the Court with complete and timely access to documents necessary to carry out its tasks;
Amendment 22 #
2021/2158(DEC)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Takes note of the implication of the Covid-19 pandemic and the effect that it had alongside the EDF funding chain; remains positive in its opinion that on spot checks are key components in ensuring the effectiveness and sound financial management of the EDF;
Amendment 24 #
2021/2158(DEC)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Notes, notwithstanding the positive analysis by DG INTPA in its Annual Activity Report on Key Performance Indicators (KPI) for 2020 (14 KPIs scoring better than in 2019), the Court's observation, as in previous years, that the frequency of identified errors, including some contained in final claims, which had been subject to ex-ante external audits and expenditure verifications, still points to weaknesses in those checks; reiterates its expectation that the control system be more rigorous and calls on DG INTPA to continue efforts to improve the assessment of both the effectiveness and efficiency of its control system by identifying KPIs for both, by setting realistic and ambitious targets and by monitoring and improving its control system;
Amendment 36 #
2021/2158(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Invites the Commission to give preference to small local projects rather than focusing primarily on big projects wiBelieves that abetter focus on local SMEs, private sector and civil society organisations should be a core axis of cooperation in the many intermediaries where fraud and corruption is more likely to happenagement of the Union delegations’ pipelines of projects;
Amendment 41 #
2021/2158(DEC)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Calls on the Commission to proceed with a pre-established format for communication between collaborate countries, EDF beneficiaries and the EU with a view of reducing the errors found by the Court;
Amendment 47 #
2021/2158(DEC)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes with appreciation that in 2020 sub-Saharan Africa remains the largest recipient of budget support with a share of 38 % (36 % in 2019); observes, moreover, that lower-middle-income countries account for 52,4 % (47 % in 2019) of the total ongoing commitments; notes with concern that low-income countries account for 29,4 % of total commitments, confirming the decreasing trend noted in 2019 (32 % compared to 38 % in 2018); notes that, altogether, 47 % of the ongoing budget support programmes are being implemented in least-developed countries;
Amendment 52 #
2021/2158(DEC)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Reiterates its call on DG INTPA to strictly assessthe Commission services to continue assessing strictly in its policy dialogue the risks related to corporate tax avoidance, tax evasion and illicit financial flows affecting, in particular, developing countries; encourages DG INTPAstresses the importance of addressing domestic revenue mobilisation and public finance management at large, which forms part of the budget support criteria; encourages the Commission to assess the fiscal impact and to help establish oriented investment objectives;
Amendment 57 #
2021/2158(DEC)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Encourages the Commission to continue its efforts to reduce error rates by taking proportionate measures in response to the already identified high- risk areas;
Amendment 10 #
2021/2106(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights the importance of the Union budget for achieving Union’s political priorities, as well as its role to assisting Member States in unforeseen situations as COVID-19 pandemic and its consequences; stresses that sound and timely implementation of the budget contributes to addressing more efficiently and effectively the needs and challenges in different policy areas; warns that the implementation of the budget under time pressure may lead to increase in errors and irregularities;
Amendment 11 #
2021/2106(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines the relevance of the reporting on the performance of the Union budget’s programmes for the discharge procedure; draws attention that the added value of the invested resources is closely linked to the achieved results and their contribution to improving the daily life of European citizens;
Amendment 16 #
2021/2106(DEC)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates its deep concerns regarding the situation concerning the rule of law in a number of Member States, which is deeply worrying in its own right and may ultimately leads to serious losses for the Union budget and underlines its requests to the Commission to use all available tools to halt the ongoing severe violations of the rule of law and limit the risk of such losses. This should include the immediate and full application of Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, by sending a written notification under Article 6(1) of the Regulation to the Member States concerned;
Amendment 28 #
2021/2106(DEC)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines its strong and repeated requests to the Commission and executive agencies to ensure the protection of the Union budget by making global and systematic use of digital and automatised systems for reporting, monitoring and audit; remarks that this should include the establishment of a mandatory single interoperable database on beneficiaries of funds from all Union programmes; acknowledges that the Commission proposed to make obligatory the use of a single data-mining and risk-scoring tool for funds under shared management and the Recovery and Resilience Facility; notes that this has not been retained in the adopted texts; highlights that such a system should build on unique identifiers for all recipients including information about their ultimate beneficiaries and should also automatically ensure the use of systems such as the date mining tool, ARACHNE, in order to provide for the best possible protection of the Union finances; notes that this digitalisation is overdue and indispensable given the cross- border nature of misuse of funds, fraud, misappropriations, conflicts of interest, double-funding and other systemic problems; underlines that this single datamining tool should be easily searchable and available for OLAF, EPPO and the Commission, in order to enhance the protection of the Union budget and Next Generation EU against irregularities, fraud and conflicts of interest;
Amendment 35 #
2021/2106(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the COVID-19 pandemic justified considerable changes to the 2020 budget in the form of transfers and amending budgets in order for the Union to give a robust input in order to help alleviate the threats from the pandemic not least through the rapid development of vaccines. Furthermore, notes that the pandemic meant that audits mainly had to be done remotely which also implies that the estimated error rates should be considered as minimum estimate. Also notes that the Commission, on the basis of its specific COVID-19- related risk assessment carried out in 2020, considers that the level of assurance was safeguarded and that its estimated risk at payment and risk at closure are representative of the level of error in the financial transactions;
Amendment 40 #
2021/2106(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Asks the Commission to modify the spending rule N+3 years to the previous rule N+2 years in ordercooperate and assists Member States for timely implementation of their programmes and that the spending rule N+3 years is not used as an excuse for delays; encourages the efforts and measures undertaken by the Commission to increase the budget execution and reduce the outstanding commitments for the 2021-2027 period;
Amendment 44 #
2021/2106(DEC)
11. Calls on the Commission and the budgetary authority to ensure the provision of sufficient funding for audits and controls of Union funds in light of the massive increase of funds to be disbursed during the coming years under the combined MFF and NextGenerationEU instrument;
Amendment 47 #
2021/2106(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates the need to further simplify rules and procedures, develop compulsory training sessions and practical information for applicants, in particular new applicants, and improve the assistance and guidelines for SMEs, spin-offs, start- ups, administration and payment agencies and all others relevant stakeholders; acknowledges progress made through the 2018 revision of the Financial Regulation and the improvements introduced for the 2021-2027 spending programmes;
Amendment 49 #
2021/2106(DEC)
13. Stresses the increased importance of performance indicators, including the selection of indicators, definition of targets and milestones and monitoring and reporting in light of the new delivery models for the Recovery and Resilience Facility and the reformed Common Agricultural Policy; welcomes in this regard the Commission's work to improve monitoring and reporting on performance of the EU budget with more streamlined and qualitative indicators, as reflected in the adopted basic acts of the 2021-2027 spending programmes;
Amendment 52 #
2021/2106(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to continue promoting gender balance and a gender budgeting approach in the allocated funds; calls onwelcomes the Commission to urgently develop a's progress towards gender mainstreaming methodology in order to integrate a gender equality perspective in all policy areasand the development of pilot methodology for the tracking of gender related expenditure under the MFF 2021- 2027; asks the Commission to inform the Parliament about its feasibility test on the EU funding programmes in the context of Draft Budget 2023;
Amendment 57 #
2021/2106(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the establishment of new own revenues in order to repay, from 2028, the loans granted under NextGenerationEU (about EUR 15 billion per year until 2050) with a view to ensuring a better protection of the Union budget; notes that by doing so, the Union's debt burden will not be borne by future generations and essential Union programmes such as Horizon Europe, ESF+, Erasmus+, will not have to be reduced;
Amendment 60 #
2021/2106(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets that the Court for the year 2020 has again issued an adverse opinion on the legality and regularity of the expenditure side of the budget and at the same time acknowledges that the level of error has remained stable at 2,7 % in 2020, which is the same as for the year 2019; underlines, however, that an error rate is not the same as fraud and notes that in 2020 six possible fraud cases were reported by ECA to the Union’s Anti Fraud Office (OLAF) compared to nine in 2019’s; reiterates the need to step-up the efforts in the fight against fraud both at Union and Member State level, in close cooperation with the European Public Prosecutor's Office (EPPO) and OLAF;
Amendment 66 #
2021/2106(DEC)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that the annual absorption rate for EFSI funds in 2020 was 15 %, which is the same as the final year of the previous 2007-2013 MFF but that the cumulative absorption rate iwas still only 55 %, which is 7 % lower than at the end of 2013. Notes that this implies thatat the end of 2020 45 % of the total commitments under the EFSI funds for the period 2014-2020 equal to EUR 209 billion has stillwere not been paid out and constitutesd the main part of the total outstanding commitments (RAL) of EUR 303 billion;
Amendment 67 #
2021/2106(DEC)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that the COVID-19 pandemic has resulted in the relaxation of applicable rules to provide additional liquidity, ands well as to exceptional and necessary flexibility for COVID-19 related expenditure and of administrative rules and controls in the interest of rapid reaction;
Amendment 71 #
2021/2106(DEC)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Regrets that the COVID-19 pandemic made it much more difficult to carry out on-the-spot checks and audits, which implies that the estimated error rates for 2020 should be considered as minimum rate; notes however that the Commission, on the basis of its specific COVID-19-related risk assessment carried out in 2020, considers that the level of assurance was safeguarded and that its estimated risk at payment and risk at closure are representative of the level of error in the financial transactions;
Amendment 73 #
2021/2106(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that the combined effect of the new NextGenerationEU instrument and the delays in adoption of legislation risks putting serious pressure on administrative capacities in Member States and the Commission, which again may lead to more errors, less control and increasedpotential losses for the Union budget;
Amendment 94 #
2021/2106(DEC)
Motion for a resolution
Paragraph 34 – point h
Paragraph 34 – point h
h. developto finalise a gender mainstreaming methodology for use across the budget at the latest by the end of 2022, and to follow the recommendations of the Court in its special report on gender mainstreaming in the EU Budget;
Amendment 97 #
2021/2106(DEC)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Underlines that auditing the performance of the Union budget is equally as important as compliance auditing in order to get a comprehensive view not only of the legality of spending as well as the efficiency and economy of the spending, but of the results achieved and the priorities and targets met;
Amendment 99 #
2021/2106(DEC)
Motion for a resolution
Paragraph 37
Paragraph 37
37. RegretNotes that for the common provisions regulation (CPR) for the EFSI funds, an impact assessment was not carried out andseven shared management funds for the period 2021-2027 , an impact assessment was not carried out, since the CPR sets common rules and delivery mechanism for other policies; welcomes that funds related regulations were accompanied by their own impact assessments; notes that important evaluations of the CAP were not available before the impact assessment was made concerning the CAP reform;
Amendment 121 #
2021/2106(DEC)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Welcomes the Court’s assessment that the scale and scope of Erasmus+ created added value and that its efficiency has been improved by its simplification compared to predecessor programmes; notes with concernthe Court’s view that the Commission has not taken gender equality into account across all aspects of Erasmus+, and that the programme statement for Erasmus+ did not provide a financial estimate of the programme’s contribution to gender equality; recalls that while there are significant gender differences between study fields, 58% of the total number of participants in the programme are women;
Amendment 122 #
2021/2106(DEC)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Notes with concern that women researchers are underrepresented in Horizon 2020 being only 36% (28% in projects from the European Research Council (ERC), 42 % in Marie- Sklodovska Curie grants and 31%in the other parts of the Programme);
Amendment 123 #
2021/2106(DEC)
Motion for a resolution
Paragraph 58 b (new)
Paragraph 58 b (new)
58 b. Appreciates that the 2020 Nobel Prize in Chemistry was awarded to Horizon 2020-funded researcher, being the 10th one funded by this programme to be honoured with a Nobel Prize to date;
Amendment 124 #
2021/2106(DEC)
Motion for a resolution
Paragraph 58 c (new)
Paragraph 58 c (new)
58 c. Notes that in 2020 1 173 projects were funded through the ERC programme in Horizon 2020 and 1 255 Principal Investigators received funding; notes as well that currently among the hosting institutions there are institutions from 25 Member States and among the Principal Investigators there are nationals of 23 Member States; notes further that since 2014 the Marie Skłodowska-Curie actions has supported the mobility and training of around 69 000 researchers thus exceeding its target of 65 000 researchers;
Amendment 125 #
2021/2106(DEC)
Motion for a resolution
Paragraph 58 d (new)
Paragraph 58 d (new)
58 d. Is concerned by the findings of the UN Human Rights Office’s report from 12 February 2020 on business enterprises involved uncertain activities related to settlements in the Occupied Palestinian Territory which raise particular human rights violations concerns; notes with concern that some of the identified 112 business entities, in cases of which the UN Human Rights Office has reasonable grounds to conclude that have been involved in one or more of the specific activities referenced in Human Rights Council resolution 31/36 have received EU funding through the Horizon 2020 and Horizon Europe programmes; calls on the Commission, especially with regard to the UN Human Rights Office’s report from 12 February 2020, to report to the discharge authority how it verifies and what is the outcome of its verification of EU support from the Horizon 2020 and Horizon Europe programmes to entities’ potential activities in the Occupied Palestinian Territories and/or the possible exploitation of Horizon project results for the building, expansion, development or management of the Israeli settlements;
Amendment 129 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h
Paragraph 59 – point h
h. manage expectations by setting realistic and achievable objectives and targets; considers that the EU Youth Guarantee falls short of expectations; calls on the Commission to cooperate better with member states to develop Erasmus+ for professional training, especially for certain technical professions, the artisans, etc;
Amendment 130 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h a (new)
Paragraph 59 – point h a (new)
h a. ensure that sufficient resources are available for Horizon Europe in order to launch new Union partnerships in areas such as clean hydrogen, batteries, clean aviation, rail, connected and automated mobility, zero-emission road and waterborne transport, in particular for the Work Programme 2021-2022; stresses the need to support projects that contribute, in particular, to a future- proof, sustainable, smart and climate- friendly European transport network;
Amendment 131 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h b (new)
Paragraph 59 – point h b (new)
h b. create a new budgetary line for tourism, to support the recovery of a sector severely hit by the COVID-19crisis, making it resilient for the future, digitalised and sustainable;
Amendment 132 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h c (new)
Paragraph 59 – point h c (new)
h c. propose new result-oriented mechanism including short, mid and long-term planning and technical assistance, to increase the added value of European Funds and to ensure that Member States meet the 2030 and 2050 completion targets, respectively for the core and comprehensive TEN-T networks;
Amendment 133 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h d (new)
Paragraph 59 – point h d (new)
h d. continue its action on the grouped purchase of vaccines to protect against COVID-19 which allows savings and develops the Union's sovereign autonomy in the field of health and which can be extended to other areas such as energy, semiconductor or rare earth elements;
Amendment 134 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h e (new)
Paragraph 59 – point h e (new)
h e. implement its commitment to gender equality in the Horizon Europe and to report to the Parliament about the proportion of the male and female researchers participating;
Amendment 135 #
2021/2106(DEC)
Motion for a resolution
Paragraph 59 – point h f (new)
Paragraph 59 – point h f (new)
h f. encourage better geographical balance and participation of more researchers from underrepresented Member States;
Amendment 143 #
2021/2106(DEC)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Expresses its concern that the number and impact of the errors detected demonstrate that the controls in place do not yet sufficiently mitigate the high inherent risk of error in this area; is concerned that this concerns, in particular, managing authorities whose verifications are inot sufficiently effective in preventing or detecting irregularities in expenditure declared by beneficiaries; notes with concern that the Court also considers that other errors are the result of decisions taken by managing authorities themselves;
Amendment 145 #
2021/2106(DEC)
Motion for a resolution
Paragraph 66
Paragraph 66
66. Notes with concern that the Court has concluded that the residual error rates that audit authorities reported were not always reliable and that shortcomings remain in the way audit authorities perform and document their work; underlines the Court's finding that audit authorities need to keep better track of the risk of fraud in their audits of operations; underlines, however, that an error rate is not the same as fraud and notes that in 2020 six possible fraud cases were reported to the Union’s Anti Fraud Office (OLAF) compared to nine in 2019’s; reiterates the need to step up the efforts in the fight against fraud both at Union and Member State level, in close cooperation with the European Public Prosecutor's Office (EPPO) and OLAF;
Amendment 149 #
2021/2106(DEC)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Takes note that the Court, in its Special Report 26/2021' Regularity of spending in EU Cohesion policy: Commission discloses annually a minimum estimated level of error that is not final' found that the new legal provisions for the programming period 2021-2027 address some limitations in the acceptance of accounts; regrets that nevertheless, the Court found that some risks remain at the time of releasing the payment retention;
Amendment 150 #
2021/2106(DEC)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Notes with concern that the Court also found that there are inherent limitations to the Commission's desk reviews, thus reducing their contribution to confirming the Residual Total Error Rate (RTER); is concerned that the Commission's desk reviews are not designed to detect additional ineligible expenditurethe Court’s findings that the Commission's desk reviews are not designed to detect additional ineligible expenditure, which limits their contribution to confirming the regularity of the underlying transactions and the validity of the Residual Total Error Rate (RTER) reported by the audit authorities; notes further that for programmes with confirmed track-record of low error rates, such desk reviews are an efficient tool to confirm the reported error rates and audit opinion from the audit authorities; notes with concern that both the compliance audits of the Commission and of the Court found material errors that the desk reviews could not have detected;
Amendment 151 #
2021/2106(DEC)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Is worriedTakes note that the Court found that the Commission did not always follow its risk-based approach for selecting the riskiest audit authorities for compliance audits and that while the Commission detects irregular expenditure in its compliance audits, it often revises their final results in the follow-up phase with the Member States;
Amendment 159 #
2021/2106(DEC)
Motion for a resolution
Paragraph 77
Paragraph 77
77. RegretNotes that due to data limitations and the fact that many operations were still ongoing at the time of the Court's audit, it was not in a position to draw an overall conclusion on the actual performance of ESF expenditure during the 2014-2020 period;
Amendment 160 #
2021/2106(DEC)
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77 a. Notes with appreciation that by the end of 2020 45.4 million participants were supported by the ESF and the Youth Employment Initiative (YEI) and 5.4 million people found a job (including self- employed) under both programmes as reported by the Commission;
Amendment 161 #
2021/2106(DEC)
Motion for a resolution
Paragraph 77 b (new)
Paragraph 77 b (new)
Amendment 162 #
2021/2106(DEC)
Motion for a resolution
Paragraph 77 c (new)
Paragraph 77 c (new)
77 c. Welcomes the impact of the temporary Support to mitigate Unemployment Risks in an Emergency (SURE) as reported by the Commission in its second report; notes that SURE has been successful in cushioning the severe socio-economic impact resulting from the COVID-19 pandemic; notes that in 2020 SURE supported approximately 31million people in the 19 beneficiary Member States, of which 22.5 million are employees and 8.5 million self-employed, as well as that around 2.5 million firms affected by the COVID-19 pandemic have benefitted from SURE, allowing them to retain workers;
Amendment 163 #
2021/2106(DEC)
Motion for a resolution
Paragraph 77 d (new)
Paragraph 77 d (new)
77 d. Welcomes the increase in implementation of the financial instruments under all ESI funds in 2020 leading to EUR 10.3billion cumulative payments to final recipients (EUR 4.7 billion in 2019);
Amendment 174 #
2021/2106(DEC)
Motion for a resolution
Paragraph 78 – point h
Paragraph 78 – point h
h. propose a legislative revision to ensure that the payment retention is adequately protected before it is released, to improve its audit work, audit documentation and review process, to strengthen the main elements of the regularity of information provided in the AARs, and to ensure that the College of Commissioners provide relevant and reliable information in the AMPR;
Amendment 176 #
2021/2106(DEC)
Motion for a resolution
Paragraph 78 – point k
Paragraph 78 – point k
k. simplify rules and procedures, encourage Member States to develop compulsory training sessions and practical information for applicants, in particular new applicants, and improve the assistance and guidelines for SMEs, spin- offs, start- ups, administration and payment agencies and all other relevant stakeholders;
Amendment 178 #
2021/2106(DEC)
Motion for a resolution
Paragraph 78 – point l
Paragraph 78 – point l
Amendment 181 #
2021/2106(DEC)
Motion for a resolution
Paragraph 78 – point m
Paragraph 78 – point m
Amendment 183 #
2021/2106(DEC)
Motion for a resolution
Paragraph 78 – point n
Paragraph 78 – point n
Amendment 186 #
2021/2106(DEC)
Motion for a resolution
Paragraph 78 – point o
Paragraph 78 – point o
Amendment 196 #
2021/2106(DEC)
Motion for a resolution
Paragraph 90 a (new)
Paragraph 90 a (new)
90 a. Takes note that by the end of 2020 ESI funds supported over 2 million projects in the agricultural sector and rural areas and contributed to maintaining 31 500jobs and creating 4 000 new jobs in the maritime and fisheries sector; notes, in addition, that more than 54 000 new jobs have been created through projects supported by the rural development programs and that 131 000 young farmers benefited from the business start up support;
Amendment 198 #
2021/2106(DEC)
Motion for a resolution
Paragraph 91 – point a
Paragraph 91 – point a
a. simplify rules and procedures, encourages member States to develop compulsory training sessions and practical information for applicants, in particular new applicants, and improve the assistance and guidelines for young farmers, SMEs, spin- offs, start-ups, administration and payment agencies and all other relevant stakeholders;
Amendment 199 #
2021/2106(DEC)
Motion for a resolution
Paragraph 91 – point b
Paragraph 91 – point b
b. generalismake better use and encourage the use of IAI and data from new technologies such as Sentinel tothe EU-owned Copernicus Sentinel satellites to monitor and control the correct use of CAP funds;
Amendment 200 #
2021/2106(DEC)
Motion for a resolution
Paragraph 91 – point c
Paragraph 91 – point c
c. make theencourage the systematic use of the IT tool, Arachne, mandatory and systematic forby paying agencies, as an important tool that can be usedcontribute to identifying projects, beneficiaries and contractors at risk of fraud;
Amendment 205 #
2021/2106(DEC)
Motion for a resolution
Paragraph 94
Paragraph 94
94. Is concerned that the European Court of Auditors in its Special Report No 10/21 found that the Commission has not adequately applied gender mainstreaming in the Union Budget; calls onwelcomes the Commission to urgently develop’s progress towards gender mainstreaming methodology in order to integrate a gender equality perspective in all policy areas, including the useand the development of a pilot methodology for the tracking of gender-disagg reglated data and indicatorsexpenditure under the MFF 2021-2027;; recalls that the need for gender mainstreaming is ever more urgent in the light of the gendered impact of the COVID-19 pandemic;
Amendment 209 #
2021/2106(DEC)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Notes with concern that the Court found marked differences in the implementation of national programmes and that there are gaps in ISF-Borders and Visa’s performance information; welcomes that performance indicators published in the AMPR give an optimistic picture of ISF-Borders and Visa performance; notes with concern that the Court found that the programme has contributed insufficiently to the consistent application of the acquis through trainingwelcomes the Court’s findings that ISF- Borders and Visa has contributed to efficient visa processing by funding the upgrading of 2 680 consulates (290 % of the 2020 target); notes however that 4322 staff (38 % of the 2020 target) have been trained in the common visa policy to date, which according to the Court could increase the risk that Schengen visa applications will not be processed in a harmonised manner;
Amendment 210 #
2021/2106(DEC)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Welcomes the success under the effective integration and legal migration’ strand of the Asylum, Migration and Integration Fund and notes with appreciation that the target of 2.6 million persons for the 2014-2020 period have been considerably surpassed as almost 6 million persons in the target group have received integration assistance;
Amendment 217 #
2021/2106(DEC)
Motion for a resolution
Paragraph 100 – point k
Paragraph 100 – point k
k. implement measures to ensure complementarity and better coordination between AMIF and EASO/Frontex (e.g. in the area of forced returns orin support to asylum authorities);
Amendment 228 #
2021/2106(DEC)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Welcomes that IPA II has responded flexibly to help mitigate crises; notes with concern that there are some gaps in IPA II’s performance information; regretsnotes the Court’s observation that the implementation of political reforms is generally slow, as well as its conclusion that their progress depends not only on IPAII support, but also on other contextual factors such as the political will of the IPA II beneficiary concerned; notes with concern that the Court has found that Union support has been more effective in promoting fundamental reforms than in securing their implementation;
Amendment 230 #
2021/2106(DEC)
Motion for a resolution
Paragraph 107 a (new)
Paragraph 107 a (new)
107 a. Reiterates its urgent call on the Commission to re-establish relations with International Management Group (IMG) and to resume the cooperation with this organisation by contracting it, as the Commission has done for more than EUR 100 million for 20 years until 2014, using the specific provisions of the Financial Regulation which allow the signature of direct contracts with any technically qualified contractor, irrespective of the legal nature of its legal status, in all countries in crisis situations;
Amendment 245 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Recalls that the Paymaster Office (PMO) of the Commission is responsible on the basis of a service-level agreement for the verification of the legal conditions for the installation allowance and the payment authorisation of both installation and residence allowance of EU high-level public office holders provided for in the Council Regulation (EU) 2016/300 of 29 February 2016 determining the emoluments of EU high-level public office holders;
Amendment 246 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Expresses its concern over the very high approval rate of transfer requests into private sector positions for former Commission staff, as this increases the likelihood of the occurrence of conflicts of interest; urges the Commission to review its policy in this regard;
Amendment 247 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Notes that in 2020 the Commission received 8.001 initial and 309 confirmatory applications for access to documents, as well as that fully or partially access was granted in 81% of the initial cases, and wider or even full access was further granted in more than 37% of the cases reviewed at confirmatory stage;
Amendment 251 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 b (new)
Paragraph 112 b (new)
112 b. Is concern, however, about the serious lack of transparency from the Commission regarding buying and distributing of vaccines in the EU during the COVID-19 crisis in 2020; notes with regret the case of the Commission refusal of public access to text messages exchanged between the Commission President and the CEO of a pharmaceutical company on the purchase of a COVID 19 vaccine; draws attention that based on its findings during the inquiry on this case, the Ombudsman considers that it constituted maladministration;
Amendment 252 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 c (new)
Paragraph 112 c (new)
112 c. Takes note that as a consequence of the COVID-19 pandemic the Commission spent less budget amounts on missions, conferences and meetings as well as training in 2020 than the amounts included in the 2020 budget; takes note that part of the savings as well as appropriations from other areas of administrative expenditure were redirected to pandemic related needs such as ICT equipment, including for the provision of home office equipment to all staff, and expenditure of the medical service for the COVID-vaccination campaign, including sanitary measures in the childcare centres;
Amendment 253 #
2021/2106(DEC)
Motion for a resolution
Paragraph 112 b (new)
Paragraph 112 b (new)
112 b. Stresses that all EU institutions, and especially the Commission, must respect the highest data protection criteria both in the processing of public tenders and in the good or service to be procured, which requires specialised knowledge on the part of the officials in charge;
Amendment 260 #
2021/2106(DEC)
Motion for a resolution
Paragraph 116 a (new)
Paragraph 116 a (new)
116 a. Echoes the difficulties encountered by the EU institutions installed in Luxembourg to recruit staff according to their needs and recalls the Eurostat study showing that the disparity in purchasing power between Luxembourg and Brussels (25,4%) exceeded the 5% threshold even when housing was excluded from the calculations;
Amendment 264 #
2021/2106(DEC)
Motion for a resolution
Paragraph 116 b (new)
Paragraph 116 b (new)
116 b. Acknowledges that, during 2020 the COVID-19 outbreak had an impact on the internal functioning and the management of the Commission’s budget;
Amendment 265 #
2021/2106(DEC)
Motion for a resolution
Paragraph 116 c (new)
Paragraph 116 c (new)
116 c. Echoes the Court’s conclusion that “any unethical behaviour by staff and Members of EU institutions and bodies is unacceptable. Such behaviour – even if it is only alleged – attracts high levels of public interest and reduces trust in the EU. Unethical behaviour is also linked to the risk of corruption and fraud";
Amendment 268 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 – point a a (new)
Paragraph 117 – point a a (new)
a a. is of the opinion that a rental contract for or a purchase contract of a property shall not be considered sufficient evidence in the sense of the Article 4 of the Council Regulation (EU) 2016/300 as such property may be destined for other uses than primary residence and thus, calls on the Commission to review the mechanism for verifying the legal conditions of the installation allowance to request other documents as evidence to the greatest extend possible with respect to proportionality and privacy;
Amendment 271 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 – point e a (new)
Paragraph 117 – point e a (new)
Amendment 272 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 – point e a (new)
Paragraph 117 – point e a (new)
e a. urges the Commission to address the long-standing and serious problem of salary indexation in Luxembourg by adopting a delegated act to correct the relevant Staff Regulations provision;
Amendment 275 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 – point e b (new)
Paragraph 117 – point e b (new)
e b. integrate in the internal management strategy the lessons drawn from the outbreak of the COVID-19 pandemic, in terms of business continuity and crisis management approaches, IT responsiveness, resiliency of the organisation, duty of care towards its staff, effectiveness of internal communication and flexibility of working processes;
Amendment 277 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 – point e c (new)
Paragraph 117 – point e c (new)
e c. strongly recommends a review of the nomination and appointment procedures for the Union institutions and bodies with a view to strengthening and respecting both the opinions expressed by the Commission and Parliament, and the democratic participation of relevant stakeholders;
Amendment 278 #
2021/2106(DEC)
Motion for a resolution
Paragraph 117 a (new)
Paragraph 117 a (new)
117 a. calls on the Commission to strengthen and optimise the collaboration with the European Data Protection Supervisor in the area of public procurement, particularly in the training of public procurement officers;
Amendment 2 #
2021/2100(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy ([RR1] Common Provisions Regulation),
Amendment 6 #
2021/2100(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’' rights in cross- border healthcare2 and especially the Art. 168 thereof, _________________ 2 OJ L 88, 4.4.2011, p. 45.
Amendment 15 #
2021/2100(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the lack of basic infrastructure in certain less-developed regionsNUTS level 2 regions with GDP per capita lower that 75% of the EU- 27 average, which hampers equity ofal access to healthcare, is the main reason health infrastructure remains a priority for many national governments;
Amendment 19 #
2021/2100(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 23 #
2021/2100(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the standards of healthcare provision in the EU are not harmonised, asstill a prerogative of the Member States and significant differences exist between regions, whereby less-developed which create inequalities; whereby NUTS level 2 regions, whichith GDP per capita lower that 75% of the EU-27 average are not able to devote anything close to the amount of resources on healthcare per capita as their more developed counterparts, may face problems in this respect;
Amendment 38 #
2021/2100(INI)
Motion for a resolution
Recital E
Recital E
E. whereas previous analyses have shown that strengthening cohesion policy is necessary in order to reduce disparities between the standards of healthcare provision in the EU;
Amendment 42 #
2021/2100(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in the last two multiannual financial frameworks (MFFs), health investments from the European Regional Development Fund (ERDF) tended to be concentrated in the less-developed Member States and regionsNUTS level 2 regions with GDP per capita lower that 75% of the EU-27 average, usually focusing on health service modernisation, while the European Social Fund (ESF) investments addressinged access to healthcare and tended to be concentrated in the countries facing particular challenges in terms of access to affordable, sustainable and high-quality services;
Amendment 65 #
2021/2100(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that certain less- developed regionsNUTS level 2 regions with GDP per capita lower that 75%of the EU-27 average are a long way from uniformly matching the standards of healthcare provisions available in more developed parts of the EU, and that convergence in this sense is unlikely to be achieved without help at EU level, particularly through its cohesion policy;
Amendment 89 #
2021/2100(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that, while evaluating the overall envelope of funded structural projects and benchmarks in the context of health, it is also necessary to review the subsequent health outcomes of individual projects based on the impact on the beneficiaries, to enable their effectiveness and results to be tracked, in order to gauge the extent to which a given project has been successful;
Amendment 100 #
2021/2100(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that EU citizens in rural areas and the outermost regions often encounter barriers to equality of access to healthcare that limit their ability to obtain the care they need, especially in the form of basic health infrastructure; stresses that, in order for them to acquire sufficient access, as well as the appropriate healthcare which they need, quality services mustshould be available and obtainable in a timely manner;
Amendment 111 #
2021/2100(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the importance of using EU cohesion programmes to improve the deployment of digital solutions for collecting and processing of data for mapping the needs of citizens and providing technical assistance to public administrations, insurance companies and other healthcare operators dealing with cross-border cooperation issues;
Amendment 112 #
2021/2100(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Points out that the lack of a working cross-border scheme for exchange of vital data for EU cross- border patients further slowed down the common epidemiologic response to theCOVID-19 pandemic and created confusion, mistrust and hampered regional cooperation between the most affected regions;
Amendment 113 #
2021/2100(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses the importance of national and EU authorities to provide for a more efficient involvement of a wide range of healthcare institutions, such as hospitals, national or regional administrative systems and insurance companies, as they form an interconnected framework which delivers the healthcare service to EU citizens;
Amendment 119 #
2021/2100(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for boldmore ambitious cohesion policy measures, in accordance with the legal provisions in force in the EU, in order to attempt to mitigate the lack of healthcare workers in rural areas, and aimed at motivating them to commence or resume practice there;
Amendment 122 #
2021/2100(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises on the need to set up a working cross-border cooperation network between the Member States and their regions, which could react to other health crises or future pandemics;
Amendment 125 #
2021/2100(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the use of cohesion policy funds to improve the working conditionsenvironment of the health workforce in order to facilitate retention strategies for thcomplement national and regional policies aimed at providing adequate healthcare work force in less-developed regionsthroughout the EU;
Amendment 141 #
2021/2100(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that cross-border healthcare improvements can benefit patients by enabling equitable access to health services and infrastructure in other Member States, or their bordering regions, including diagnosis and clinical trials, based on the principle of ‘easiest, closest, best and fastest’ access12 ; _________________ 12 https://eurohealthnet.eu/publication/joint- statement-use-next-european-and- structural-investment-funds-strategic- investments
Amendment 142 #
2021/2100(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlights the importance of the recent cohesion policy measures to tackle the COVID-19 pandemic, namely the Coronavirus Response Investment Initiative (CRII), the Coronavirus Response Investment Initiative Plus (CRII+) and the Recovery Assistance for Cohesion and the Territories of Europe (REACT-EU); further emphasizes that similar measures were taken on board in Regulation (EU) 2021/1060;
Amendment 151 #
2021/2100(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Highlights that some form of cross-border solidarity through Interreg programmes already exists through initial provision of medical equipment, exchanges of medical staff, transfer of patients between hospital facilities and testing and vaccinating centres;
Amendment 152 #
2021/2100(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Is of the opinion that cross-border health cooperation can build on an intelligent use of existing cohesion policy projects such as INTERSYC, Dolj-Vratsa, TRISAN, or Cerdanya, in order to make more cross-border projects come through;
Amendment 161 #
2021/2100(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that centres of excellence could stimulate and increase cross-border contracting to an even greater extent, and that, as a result, such centres could be of great importance inand of benefit in improving the overall health conditions, thus increasing the life expectancy of EU citizens;
Amendment 184 #
2021/2100(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States and on regional and local authorities to make use of the full extent of the flexibility offered by the cohesions policy programmes, defined in Regulation (EU) 2021/1060, as well as of Interreg programmes, to address the current COVID-19 crisis;
Amendment 189 #
2021/2100(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Instructs its President to forward this resolution to the Council and, the Commission and national parliaments.
Amendment 293 #
2021/0426(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As announced in the Green Deal, the Commission presented its Renovation Wave strategy on 14 October 202030 . The strategy contains an action plan with concrete regulatory, financing and enabling measures, with the objective to at least double the annual energy renovation rate of buildings by 2030 and to foster deep renovations by more than 35 million building and the creation up to 160 000 jobs in the construction sector. The revision of the Energy Performance of Buildings Directive is necessary as one of the vehicles to deliver on the Renovation Wave. It will also contribute to delivering on the New European Bauhaus initiative and the European mission on climate- neutral and smart cities, and should follow the pathway drawn by the New European Bauhaus as a previous phase of the Renovation Wave. _________________ 30 A Renovation Wave for Europe - greening our buildings, creating jobs, improving lives, COM/2020/662 final.
Amendment 297 #
2021/0426(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) As the energy efficiency first principle is at the core of a more circular economy system, the Commission should pay greater attention to the building sector which accounts for more than 40% of final energy consumption in the Union, not to mention that 75% of Union buildings are still energy-inefficient. By better integrating circularity in the building sector, the infrastructures and technical capabilities of a building in an overall holistic approach would secure longer life spans as well as lower energy consumption, while setting concrete decarbonisation and depollution pathways for this sector.
Amendment 306 #
2021/0426(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Buildings and all its components and materials are responsible for greenhouse gas emissions before, during and after their operational lifetime. The 2050 vision for a decarbonised building stock goes beyond the current focus on operational greenhouse gas emissions. The whole life-cycle emissions of buildings should therefore progressively be taken into account, starting with new buildings. Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies for the reduction of whole life- cycle greenhouse gas emissions in Member States’ building renovation plans.
Amendment 307 #
2021/0426(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) In this regard, a link should be made with the principles of the circular economy and the leading role of the New European Bauhaus that wants to promote greater circularity in the built environment, by promoting renovation and adaptive re-use over demolition and new built, as appropriate.
Amendment 309 #
2021/0426(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
Amendment 310 #
2021/0426(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) That buildings are responsible for greenhouse gas emissions before their operational lifetime is the result of the upfront embedded carbon to be found within all building materials. An increase in the use of sustainably and locally sourced nature-based building materials, in keeping with the principles of the New European Bauhaus Initiative, has the potential to substitute for more carbon intensive materials and to store carbon in the built environment via the use of wood- based materials.
Amendment 313 #
2021/0426(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The global warming potential over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life- cycle global warming potential of new buildings therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy. Therefore, the European Commission should provide a clear definition of the life-cycle approach.
Amendment 316 #
2021/0426(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Buildings are responsible for about half of primary fine particulate matter (PM2.5) emissions in the EU that cause premature death and illness. Improving energy performance and the use of nature- based and healthier constructions materials of buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council33 . _________________ 33 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p.1).
Amendment 318 #
2021/0426(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Measures to improve further the energy performance of buildings should take into account climatic conditions, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility , fire, heating and electrical installation safety and seismic safety and the intended use of the building.
Amendment 321 #
2021/0426(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Measures to improve further the energy performance of buildings should take into account climatic conditions, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility , fire safety, electrical and seismic safety and the intended use of the building.
Amendment 324 #
2021/0426(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level. That includes, in addition to thermal characteristics as well as useful floor area, other factors that play an increasingly important role such as heating and air- conditioning installations, application of energy from renewable sources, building automation and control systems, smart solutions, passive heating and cooling elements, shading, indoor air- quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating or air- conditioning is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards and where applicable internationally recognised standards, such as the International Property Measurement Standards (IPMS). The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on hourly or sub-hourly time- steps. In order to encourage the use of renewable energy on-site, and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology.
Amendment 325 #
2021/0426(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The energy performance of buildings should be calculated on the basis of a methodology, which may be differentiated at national and regional level. That includes, in addition to thermal characteristics, other factors that play an increasingly important role such as heating and air-conditioning installations, application of energy from renewable sources, building automation and control systems, heat recovery from wastewater, ventilation and cooling, smart solutions, passive heating and cooling elements, shading, indoor air- quality, adequate natural light and design of the building. The methodology for calculating energy performance should be based not only on the season in which heating or air- conditioning is required, but should cover the annual energy performance of a building. That methodology should take into account existing European standards. The methodology should ensure the representation of actual operating conditions and enable the use of metered energy to verify correctness and for comparability, and the methodology should be based on hourly or sub-hourly time- steps. In order to encourage the use of renewable energy on-site, including roof solar panels in line with the European Solar Rooftops Initiative, and in addition to the common general framework, Member States should take the necessary measures so that the benefits of maximising the use of renewable energy on-site, including for other-uses (such as electric vehicle charging points), are recognised and accounted for in the calculation methodology.
Amendment 330 #
2021/0426(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) This Directive should take full account of the EU Solar Energy Strategy and in particular rooftop solar panels. Solar photovoltaics (PV) and solar thermal technologies should be rolled-out rapidly and reward citizens and businesses with benefits for the climate and their purses. Member States should establish robust support frameworks for rooftop systems, including in combination with energy storage and heat-pumps, based on predictable payback times that should be shorter than 10 years. The Member States should implement the measures under as a priority, using available Union funding, in particular the new REPowerEU chapters of their Recovery and Resilience Plans. The Commission should monitor progress in the implementation of this initiative on an annual basis, with the European Parliament, the Member States and the sector’s stakeholders.
Amendment 340 #
2021/0426(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
Amendment 343 #
2021/0426(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) Efficient reuse of waste heat from domestic hot water systems represents major energy saving opportunity and, in this sense, this potential should be considered. Every day, more than 22 million cubic meters of hot water are consumed by European homes. Hot water preparation is the main source of energy consumption for new buildings, and vast majority of this heat ends up in sewers and is wasted. Considering that up to 80 percent of hot water is used in showers, harvesting heat from shower drains in buildings could be a simple and cost- effective way to save around 40 percent of final energy consumption and related CO2 emissions of domestic hot water production.
Amendment 347 #
2021/0426(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18 a) In addition to the measures proposed by the Commission, it is necessary to create a definition of vulnerable areas/neighbourhoods associated to energy poverty that allows for more accurate detection of less developed micro-areas (rural and urban) encompassed within more developed areas. In this way, it would contribute to the identification and location of the mostvulnerable social sectors and those suffering from energy poverty, thus helping to fight against social inequalities that may arise from the application of the different climate action measures. 75% of Union buildings are deemed inefficient contributing to over 40% of our energy consumption. Moreover, inefficient housing is a systemic root cause of energy poverty, with harrowing 50 million Europeans living in energy poverty unable to adequately light, heat or cool their homes and over 20% of poor households in the Union live in a dwelling that has mould, damp or rot.
Amendment 353 #
2021/0426(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by energy from renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and efficient district heating and cooling based on renewables or waste heat, high efficiency cogeneration, all types of energy storage, demand-side flexibility and self-consumption, as well as renewable energy supplied through energy grids and networks, including renewable electricity and gasses.
Amendment 357 #
2021/0426(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Different options are available to cover the energy needs of an efficient building by. An energy from renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heatefficient building is one that minimizes the use of conventional energies, priorities the use of energy from renewable sources to reduce its energy demand and producing the final energy it requires. To achieve this, Member States should accelerate the use of passive and active design.
Amendment 361 #
2021/0426(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary decarbonisation of the Union building stock requires energy renovation at a large scale: almost 75% of that building stock is inefficient according to current building standards, and 85-95% of the buildings that exist today will still be standing in 2050. However, the weighted annual energy renovation rate is persistently low at around 1%. At the current pace, the decarbonisation of the building sector would require centuries. Triggering and supporting building renovation, including a shift towards emission-free heating systems, is therefore a key goal of this Directivencluding measures in line with “energy efficiency first” principle at system level, is therefore a key goal of this Directive. This includes dealing with the seasonality of heating demand, which in many Member States is the main part of the energy system peak demand.
Amendment 367 #
2021/0426(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
Amendment 376 #
2021/0426(COD)
Proposal for a directive
Recital 25
Recital 25
(25) The introduction of minimum energy performance standards should be accompanied by an enabling framework including technical assistance and financial measures. Minimum energy performance standards set at national level do not amount to “Union standards” within the meaning of State aid rules, while Union- wide minimum energy performance standards might be considered constituting such “Union standards”. In line with revised State aid rules, Member States may grant State aid to building renovation to comply with the Union-wide energy performance standards, namely to achieve a certain energy performance class, until those Union-wide standards become mandatory. Once the standards are mandatory, Member States may continue to grant State aid for the deep renovation of buildings and building units falling under the Union-wide energy performance standards as long as the building renovation aims at a higher standard than the specified minimum energy performance class.
Amendment 383 #
2021/0426(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States should establish national building renovation plans, which replace the long- term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations, as well as on tackling energy poverty, ensuring electrical and fire safety and improving the energy performance of worst performing buildings. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council36 , Member States should provide an outline of financing measures, as well as an outline of the investment needs and the administrative resources for the implementation of their building renovation plans. _________________ 36 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).
Amendment 391 #
2021/0426(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Staged renovation can be a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’. However, such staged renovation needs to be carefully planned in order to avoid that one renovation step precludes necessary subsequent steps. Renovation passports provide a clear roadmap for staged renovation, helping owners and investors plan the best timing and scope for interventions. Therefore, renovation passports should be made available as a voluntary tool to building owners across all Member States. Renovation passports should not become an economic or administrative burden for building owners and should be provided at no cost to all vulnerable and low-income households, especially in the case when the dwelling is a sole residential property.
Amendment 393 #
2021/0426(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Staged renovation can be a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’. However, such staged renovation needs to be carefully planned in order to avoid that one renovation step precludes necessary subsequent steps. Renovation passports provide a clear roadmap for staged renovation, helping owners and investors plan the best timing and scope for interventions. Therefore, renovation passports should be made available as a voluntary tool to building owners across all Member States. Renovation passports should be duly financially supported as part of national building renovation programmes in order to not become a burden for building owners and they should be provided without cost to all owners of a property.
Amendment 397 #
2021/0426(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in a first step, as a renovation that transforms buildings into nearly zero-energy buildings. This definition serves the purpose of increasing the energy performance of buildings. A deep renovation for energy performance purposes is a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire and electrical safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities.
Amendment 402 #
2021/0426(COD)
Proposal for a directive
Recital 34
Recital 34
(34) In order to foster deep renovation, which is one of the goals of the Renovation Wave strategy, Member States should give enhanced financial and administrative support to deep renovation, targeting vulnerable and low-income households, living in a single household property and worst-performing buildings.
Amendment 408 #
2021/0426(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35 a) Member States should develop national electrical inspections regimes in light of the fact that a high percentage of the domestic and accidental domestic fires have an electrical source and in order to ensure electrical installations are safe and ready for new usages aiming to achieve zero-emissions buildings.
Amendment 409 #
2021/0426(COD)
Proposal for a directive
Recital 35 b (new)
Recital 35 b (new)
(35 b) Consideration of the water-energy nexus is particularly important to address the interdependent energy and water use and the increasing pressure on both resources. The effective management and reuse of water can make a significant contribution to energy savings, yielding climate, but also economic and social, benefits.
Amendment 410 #
2021/0426(COD)
Proposal for a directive
Recital 35 c (new)
Recital 35 c (new)
(35 c) The Commission should establish technical guidelines on historical heritage buildings and historic centres to ensure that ecological ambitions are met and cultural heritage is safeguarded.
Amendment 421 #
2021/0426(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from transport. As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from transport and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings. Building codes can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces, depending on the local needs, circumstances and traditions.
Amendment 428 #
2021/0426(COD)
Proposal for a directive
Recital 43
Recital 43
(43) The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced- functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. The Commission should provide a clear definition of a large building, reflecting all the criteria and aspects of the building it includes and that it takes into account all the diversity of the Union building stock. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.
Amendment 429 #
2021/0426(COD)
(43 a) Electrification of heat and transport will lead to a significant increase in peak demand, especially during the heating season. Solutions that are capable of reducing or shifting the increase of electric peak demand have a very high value for the energy system and its efficiency as a whole. To mitigate increases in electric peak demand and to achieve a decarbonisation of the heating sector, Member States should rely on all demand-side flexibility solutions.
Amendment 430 #
2021/0426(COD)
Proposal for a directive
Recital 43 b (new)
Recital 43 b (new)
(43 b) Demand side flexibility can reduce peak demand and generates several benefits. In terms of resource adequacy, it can generate a capacity to meet at all times the demand within the system capacity, including seasonal heating peak demand. In terms of local resilience, it can generate a capacity of the system to keep delivering energy to end-users despite an unexpected grid emergency such as an electricity line or power plant breakdown. In terms of renewable integration, it can generate a capacity to maximise the renewable energy integration, by adapting the demand to the renewable energy available.
Amendment 434 #
2021/0426(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46 a) Member States should provide financial guarantees to financial institutions, in order to promote targeted financial products for enhanced energy performance of buildings for those in the following criterion without prejudice to income criteria: people at energy poverty, vulnerable and low-income households, as well as to owners in worst-performing multi-apartment buildings and buildings in rural areas. Those Pay-as-you-Save financial schemes are based on the principle that the repayment cost of an energy efficiency loans hall not exceed the monetary equivalent of the energy savings on an annual basis.
Amendment 436 #
2021/0426(COD)
Proposal for a directive
Recital 46 b (new)
Recital 46 b (new)
(46 b) The benefits of the ‘Pay-as-you- Save financial scheme’ in the medium- term, following the repayment of the loan, imply: net benefit for the household owners in terms of annual energy cost savings and an increased value of the property.
Amendment 441 #
2021/0426(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products. By reducing excessive energy bills, building renovation can lift people out of energy poverty and also prevent it. At the same time, building renovation does not come for free, and it is essential to ensure that the social impact of the costs for building renovation, notably on vulnerable households, is kept in check. The renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households, and a fair transition towards climate neutrality should be ensured. Therefore, financial incentives and other policy measures should as a priority target vulnerable households, people affected by energy poverty, vulnerable and low- income households and people living in social housing, and Member States should take measures to prevent evictions because of renovation. The Commission proposal for a Council Recommendation on ensuring a fair transition towards climate neutrality provides a common framework and shared understanding of comprehensive policies and investments needed for ensuring that the transition is fair.
Amendment 450 #
2021/0426(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Regular maintenance and inspection of heating , electrical installations, heating, fire extinction, ventilation and air- conditioning systems by qualified personnel contributes to maintaining their correct adjustment in accordance with the product specification and in that way ensures optimal performance from an environmental, safety and energy point of view. An independent assessment of the entire heating , electrical installations, fire extinction ventilation and air- conditioning system should occur at regular intervals during its lifecycle in particular before its replacement or upgrading. In order to minimise the administrative burden on building owners and tenants, Member States should endeavour to combine inspections and certifications as far as possible.
Amendment 453 #
2021/0426(COD)
Proposal for a directive
Recital 54
Recital 54
(54) A common approach to the energy performance certification of buildings , renovation passports, smart readiness indicators and the inspection of heating, electrical installations and air-conditioning systems, carried out by qualified or certified experts, whose independence is to be guaranteed on the basis of objective criteria, contribute to a level playing field as regards efforts made in Member States to energy saving in the buildings sector and will introduce transparency for prospective owners or users with regard to energy performance in the Union property market. In order to ensure the quality of energy performance certificates , renovation passports, smart readiness indicators and of the inspection of heating and air- conditioning systems throughout the Union, an independent control mechanism should be established in each Member State.
Amendment 456 #
2021/0426(COD)
Proposal for a directive
Recital 56
Recital 56
(56) Installers and builders are critical for the successful implementation of this Directive. Therefore, an adequate number of installers and builders should, through training and other measures, have the appropriate level of competence for the installation and integration of the energy efficient and renewable energy technology required. Member States should implement an early warning system to detect any possible delay of the implementation of the measures of this directive due to a shortage of skilled workers. Any delays that could occur due to a lack of skilled workers should be counted as exemption with regard to the application of possible penalties for delays of the non-application of the measurements of the directive.
Amendment 469 #
2021/0426(COD)
1. This Directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero- emission building stock by 2050 taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness, as well as the interaction of buildings with local integrated energy systems and their contribution to demand side flexibility to improve energy system efficiency.
Amendment 479 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(f a) the definition and application of a holistic renovation reform for both public and private buildings that includes improvements in all the components of the building, such as roof, facade and ventilation control;
Amendment 481 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point h a (new)
Article 1 – paragraph 2 – point h a (new)
(h a) nature-based solutions;
Amendment 482 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point h b (new)
Article 1 – paragraph 2 – point h b (new)
(h b) smart and green buildings for achieving the digital and green transition goals;
Amendment 485 #
2021/0426(COD)
Proposal for a directive
Article 1 – paragraph 2 – point k a (new)
Article 1 – paragraph 2 – point k a (new)
(k a) minimum requirements for the electric grids in order to ensure the effectiveness and the capacity for efficiently implementing building renovation measures.
Amendment 501 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site or delivered through electricity grids, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED] or from an efficient district heating and cooling system, in accordance with the requirements set out in Annex III;
Amendment 509 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. “green transition building” is a building that contributes to a transition to a low and clean energy future leading to decarbonisation of the built environment by achieving zero-enery building (ZEB) status with minimal operational and embodied emissions in accordance with the low lifecycle emissions building definition, with the capacity to export renewable energy and with a high-level of circularity based on use of secondary building materials, adaptability and modularity;
Amendment 520 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby, or via distributed grid-based renewables;
Amendment 521 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I , which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby; or via grid-based renewables
Amendment 532 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘public bodies’ means ‘contracting authorities’ as defined in Article 2(1) of Directive 2014/24/EU of the European Parliament and of the Council43 ; _________________ 43 OJ L 94, 28.3.2014, p. 65.public bodies within the meaning of point 10 of Article 2 of [recastEED];
Amendment 535 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site renewable energy generation and storage including rooftop solar panels generation, elevators, storage, electrical installations and fire extinction, or a combination thereof, including those systems using energy from renewable sources, of a building or building unit;
Amendment 543 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
8 a. "integrated district" means a district selected on the basis if an analysis of the building stock that takes into account the area-specific potentials for energy efficiency measures and that develops renovation road map templates for similar building types with the aim of a rapid, cost-efficient and mutually coordinated transformation of buildings and supply infrastructure;
Amendment 551 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. ‘energy from renewable sources’ means ‘energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) , and geothermal energy , ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogassources’ as defined in Article 2 point(1) of Directive (EU) 2018/2001;
Amendment 552 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
17. ‘dwelling’ means physical space consisting of a room or suite of rooms in a permanent building or a structurally separated part of a building which is designed for habitation by one private household all year roundere people could develop their basic life functions in private for certain period of time;
Amendment 553 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
17 a. ‘large building’ means a building as defined by the Commission’s guidelines;
Amendment 556 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘renovation passport’ means a document that is both in digital and paper formats and provides a tailored roadmap for the deep renovation of a specific building in several steps that will significantly improve its energy performance; two to three steps, consistent with a staged deep renovation whenever a one-step deep renovation is not directly feasible, that will significantly improve its energy performance rating in the Energy Performance Certificates scale and/or lead to substantial reduction of its energy use;
Amendment 558 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. ‘building file’ means a document providing information on the general situation of the building, both from the structural point of view and from the point of view of its equipment, including the list and characteristics of the renovation and refurbishment carried out over the years on the building itself;
Amendment 559 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 – introductory part
Article 2 – paragraph 1 – point 19 – introductory part
19. ‘deep renovation’ means a renovation which focuses on the following essentials building items: wall insulation, roof insulation, low floor insulation, replacement of external joinery, ventilation and heating/heating systems and treatment of thermal bridges to ensure the necessary confort of the occupants in summer and winter; and whereby it is necessary to transforms a building or a building unit in order to reduce its primary energy demand and reports, and minimises the lifecycle greenhouse gas emissions generated during the renovation.
Amendment 580 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
23. ‘whole life-cycle greenhouse gas emissions’ means the combined greenhouse gas emissions associated with the building at all stages of its life-cycle, from the ‘cradle’ (the extraction of the raw materials that are usthe energy used and materials wasted inat the construction of the building) over the material production and processing,site, the materials used in one-site or off-site parking spaces and the building’s operation stage, to the ‘grave’ (the deconstruction of the building and reuse, recycling, other recovery and disposal of its materials), also considering the benefits from reuse, recycling at end- of-life and with special focus in the beginning of the design process, from the ‘cradle’ (the extraction of the raw materials that are used in the construction of the building) through the material production and processing;
Amendment 585 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 27 a (new)
Article 2 – paragraph 1 – point 27 a (new)
27 a. ‘vulnerable neighborhoods/areas’ means groups of buildings or urban, peri- urban or rural areas considered to be in a situation or at risk of energy poverty, which may also include any of the following characteristics: (a) poor energy performance of buildings; (b) location within historic centers, places of common interest or linked to the historic heritage; (c) rural zones and areas linked to areas of environmental interest; (d) low social economic indicators;
Amendment 586 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 27 b (new)
Article 2 – paragraph 1 – point 27 b (new)
Amendment 587 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
29. ‘energy performance certificate’ means a certificate recognised by a Member State or by a legal person designated by it, which indicates the energy and climate performance of a building or building unit, calculated according to a methodology adopted in accordance with Article 4;
Amendment 596 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
36. 'mortgage portfolio standards’ means mechanisms incentivisingensuring any mortgage lenders including banks, investors and any other relevant financial institutions to increase the median energy performance of the portfolio of buildings covered by their mortgages and to encourage potential clientsure affordable and reliable solutions for their clients, particularly vulnerable households to make their property more energy- performant along the Union’s decarbonisation ambition and relevant energy targets in the area of energy consumption in buildings, relying on the definition of sustainable economic activities in the EU Taxonomy and the life-cycle GWP of buildings provided for in this Directive.;
Amendment 599 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)
Article 2 – paragraph 1 – point 36 a (new)
36 a. A ‘Pay-as-you-Save financial scheme’ is a loan scheme dedicated exclusively or solely to energy performance enhancements, based on the principle that the annualized repayments on the loan should not exceed the monetary equivalent of the yearly energy savings, taking into account the indexation of the energy cost and loan re- financing;
Amendment 617 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 44
Article 2 – paragraph 1 – point 44
44. ‘district heating’ or ‘district cooling’ means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or coolingct heating or district cooling as defined in Article2 point (19) of Directive (EU) 2018/2001;
Amendment 618 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 45
Article 2 – paragraph 1 – point 45
45. ‘useful floor area’ means the area of the floor of a building needed as parameter to quantify specific conditions of use that are expressed per unit of floor area and for the application of the simplifications and the zoning and (re- )allocation rules; , taking into account existing national, European and internationally recognised standards;
Amendment 624 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 49 – point a
Article 2 – paragraph 1 – point 49 – point a
(a) it can only beis distributed and used within that local and district level perimeter through a dedicated distribution network;
Amendment 636 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 49 – point c
Article 2 – paragraph 1 – point 49 – point c
(c) it can be used on-site of the building assessed through a dedicated connection to the energy production source, that dedicated connection requiring specific equipment for the safe supply and metering of energy for self-use of the building assessed;
Amendment 640 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 57 a (new)
Article 2 – paragraph 1 – point 57 a (new)
Amendment 646 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 57 b (new)
Article 2 – paragraph 1 – point 57 b (new)
57 b. ‘electrical installation’ means the system is composed of all the fixed components (such as switchboards, electric cables, earthing systems, sockets, switches, and light fittings) aiming to distribute electrical power within abuilding to all points of use including recharging points or transmit electricity generated on-site;
Amendment 650 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 57 c (new)
Article 2 – paragraph 1 – point 57 c (new)
57 c. ‘peak demand’ means the maximum energy demand, per energy carrier, that can be generated by a consumer, as contracted with his energy suppliers;
Amendment 652 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 57 d (new)
Article 2 – paragraph 1 – point 57 d (new)
57 d. ‘demand-side flexibility’ means the portion of demand in the electric system (including via heating and transport)that can be reduced, increased, or shifted to another energy vector, which may be achieved by various means including a local energy storage (hot water tank, building inertia, batteries) or by sector coupling (hybrid heat pumps, smart cogeneration);
Amendment 655 #
2021/0426(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 57 e (new)
Article 2 – paragraph 1 – point 57 e (new)
57 e. ‘flexible building’ means a building able to contribute to the system resilience and resource adequacy by adapting its demand, storage and self- generation to cost-effectively address the consumers’ energy and comfort needs, as well as actively contribute towards peak demand mitigation and integration of variable renewables into the grid;
Amendment 663 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) an overview of the national building stock for different building types, construction periods and climatic zones , based, as appropriate, on statistical sampling and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors ;, including, among other factors, the capacity of companies in the construction sector, the estimated availability of construction materials, and the availability of skilled workers.
Amendment 670 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings and building stock into zero-emission buildings by 2050;
Amendment 672 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b)of their duration in coherence with the targets referred to in point (b), supporting the implementation of the roadmap pursuant to point (b) with a particular focus on vulnerable households, people affected by energy poverty and living in social housing; and
Amendment 676 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d a (new)
Article 3 – paragraph 1 – subparagraph 1 – point d a (new)
(d a) minimum requirements for the electric grids in order to ensure the effectiveness and the capacity for efficiently implementing building renovation measures;
Amendment 695 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. To support the development of its building renovation plan , each Member State shall carry out a public consultation on its draft building renovation plan prior to submitting it to the Commission. The public consultation shall involve in particular local and regional authorities and other socio-economic partners, including civil society such as consumer organisations and bodies working with vulnerable households. The public consultation shall also include questions about the design of the public policies, programmes and incentives, to ensure the accessibility, convenience and affordability of the retrofit solutions. Each Member State shall annex a summary of the results of its public consultation to its draft building renovation plan .
Amendment 702 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(c a) the conditions under the functioning renovation financing schemes are adequate for the execution of the national energy poverty mitigation target and for the successful inclusion of energy poor and vulnerable consumers so that no one is left behind;
Amendment 705 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 4 – point e a (new)
Article 3 – paragraph 4 – point e a (new)
(e a) the draft national plans prioritise residential buildings;
Amendment 707 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 4 – point e b (new)
Article 3 – paragraph 4 – point e b (new)
(e b) national and local authorities need the Technical Assistance to facilitate the implementation of these plans;
Amendment 714 #
2021/0426(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Each Member State shall include in its integrated national energy and climate progress reports, in accordance with Articles 17 and 21 of Regulation (EU) 2018/1999, information on the implementation of the national targets referred to in paragraph 1, point (b) of this Article and the contribution of the building renovation plan to achieving the Member State's binding national target for greenhouse gas emissions pursuant to Regulation (EU) .../… [revised Effort Sharing Regulation], the Union’s energy efficiency targets in accordance with Directive (EU)…/… [recast EED], the Union’s renewable energy targets, including the indicative target for the share of energy from renewable sources in the building sector in accordance with Directive (EU) 2018/2001 [amended RED], and the Union’s 2030 climate target and 2050 climate neutrality goal in accordance with Regulation (EU) 2021/1119. As well, as progress in combating the shortage of skilled workers, among others due to training initiatives.
Amendment 720 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for buildings or building units are set with a view to at least achieving cost-optimal levels. The energy performance shall be calculated in accordance with the methodology referred to in Article 4. Cost-optimal levels shall be calculated in accordanc elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving at least cost-optimal levels. These cost optimal levels correspond with consistent interventions on the whole envelope to ensure they are suitable with eithe comparative methodology framework referred to in Article 6 r low temperature heat pumps operating flexibly or the connection to low temperature district heating. The intervention on one element requires where needed an intervention on the whole envelope.
Amendment 741 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 3 – point d a (new)
Article 5 – paragraph 3 – point d a (new)
(d a) Member States shall be allowed to install less stringent requirements for historic buildings or buildings with special architecture if they can prove the incompatibility with the nearly zero- emission building/zero-emission building (NZEB/ZEB) requirements.
Amendment 743 #
2021/0426(COD)
Proposal for a directive
Article 5 – paragraph 3 – point d b (new)
Article 5 – paragraph 3 – point d b (new)
(d b) residential buildings set in climatic and power grids conditions that allow for the installation of high temperature heat pumps. The evaluation of the adequacy of high temperature heat pumps shall be done in accordance with the Article 6 introducing the calculation of cost- optimal levels of minimum energy performance requirements;
Amendment 802 #
2021/0426(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall address, in relation to new buildings, the issues of healthy indoor climate conditionsenvironment conditions, including air quality, thermal comfort, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.
Amendment 840 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point i
Article 9 – paragraph 1 – point a – point i
(i) after 1 January 2027, at least energy performance class FE; and
Amendment 847 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a – point ii
Article 9 – paragraph 1 – point a – point ii
(ii) after 1 January 2030, at least energy performance class ED;
Amendment 863 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b – point i
Article 9 – paragraph 1 – point b – point i
(i) after 1 January 2027, at least energy performance class FE; and
Amendment 869 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b – point ii
Article 9 – paragraph 1 – point b – point ii
(ii) after 1 January 2030, at least energy performance class ED;
Amendment 885 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – introductory part
Article 9 – paragraph 1 – point c – introductory part
(c) Worst performing residential buildings and building units achieve at the latest
Amendment 889 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point i
Article 9 – paragraph 1 – point c – point i
(i) after 1 January 2030, at least energy performance class FE; and
Amendment 893 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 1 – point c – point ii
Article 9 – paragraph 1 – point c – point ii
(ii) after 1 January 2033, at least energy performance class ED;
Amendment 924 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. In addition to the minimum energy performance standards established pursuant to paragraph 1, each Member State may establish minimum energy performance standards for the renovation of all other existing buildings. Measures to ensure the minimum energy performance standards should ensure that they do not lead to disproportionate price increases for tenants according to their income, or to the loss of property due to renovation requirements that are financially impossible to pay for private property owners or to unbearable financial burdens for non- profit property owners, public housing owners or housing cooperatives.
Amendment 933 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) providing appropriate financial measures, in particular those targeting vulnerable and low income households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED];
Amendment 936 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) providing technical assistance, including information services, administrative support and integrated renovation services through one-stop- shops, with a particular attention to vulnerable and low-income households;
Amendment 939 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b a (new)
Article 9 – paragraph 3 – point b a (new)
(b a) providing building renovation passports in accordance with Article 10 at no cost to vulnerable and low-income households;
Amendment 940 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) designing integrated financing schemes, including Pay-as-you-Save financial schemes covering the common Union standard;
Amendment 946 #
2021/0426(COD)
Proposal for a directive
Article 9 – paragraph 3 – point e a (new)
Article 9 – paragraph 3 – point e a (new)
(e a) setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the timely implementation of the requirements.
Amendment 978 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1 if requirements established in paragraph 3 are not included in the energy performance certificates scheme. In that case, Member States can update their passport scheme to bring it into line with the renovation passports in order to achieve a unitary system across the European Union.
Amendment 979 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1. Member States shall ensure that building renovation passports are made available at no costs for vulnerable households.
Amendment 983 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Member States shall ensure that the renovation passport is duly financially supported as part of national building renovation programmes in order to not create a barrier for building owners, particularly for low-income and vulnerable households, and that renovation passports are specifically issued free of charge to homeowners, for which the dwelling is a role residential property.
Amendment 986 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) it shall be issued both in electronic and paper format by a qualified and certified expert, following an on-site visit;
Amendment 989 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) it shall comprise a renovation roadmap indicating a sequence of two to three renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest;
Amendment 995 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions, a range of estimated costs of the building renovation for each step as well as wider benefits related to health, safety and comfort and the improved adaptive capacity of the building to climate change; and
Amendment 1003 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 3 – point d a (new)
Article 10 – paragraph 3 – point d a (new)
(d a) it shall ensure compliance with accountability rules set in Article 24;
Amendment 1007 #
2021/0426(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Member States shall ensure that the renovation passport does not create an economic bourdon for vulnerable and low-income households, especially in the case when the dwelling is a sole residential property.
Amendment 1023 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall require zero- emission buildings to be equipped with measuring and control devices for the monitoring and regulation of indoor airenvironmental quality. In existing buildings, the installation of such devices shall be required, where technically and economically feasible, when a building undergoes a major renovation. Member States shall ensure that selected data on indoor environmental quality collected through such devices is uploaded to the national database for energy performance of buildings pursuant to Article 19.
Amendment 1030 #
2021/0426(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
Amendment 1046 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the installation of at least one recharging point for every five parking spaces;
Amendment 1049 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the installation of pre-cabling that shall also include space for information lines (LAN cables) for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and
Amendment 1094 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the installation of pre-cabling that shall also include space for information lines (LAN cables) for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles; and.
Amendment 1097 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point a a (new)
Article 12 – paragraph 4 – point a a (new)
(a a) in residential buildings, individual households shall be guaranteed the possibility to choose both the supplier of the recharging point and the energy provider to the recharging point.
Amendment 1098 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point a b (new)
Article 12 – paragraph 4 – point a b (new)
(a b) in residential buildings, the households who recharge their vehicles should have access to the same tariff as the one paid at their apartment.
Amendment 1099 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 4 – point a c (new)
Article 12 – paragraph 4 – point a c (new)
(a c) where in a residential building the recharging point is connected to the building’s electricity supply, households shall be allowed to pay the same electricity tariff as the one paid at their apartment.
Amendment 1119 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall ensure that theall new recharging points referred to in paragraphs 1, 2 and 4in and adjacent to buildings are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) …/… [AFIR].
Amendment 1127 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 8 – introductory part
Article 12 – paragraph 8 – introductory part
8. Member States shall provide for measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States. Member States shall remove barriers to the installation of recharging points and bicycle parking spaces in residential buildings and/or housing with parking spaces, in particular the need to obtain consent from the landlord or co- owners for a private recharging point for own use.
Amendment 1128 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 8 – subparagraph 1
Article 12 – paragraph 8 – subparagraph 1
Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points and bicycle parking spaces.
Amendment 1135 #
2021/0426(COD)
Proposal for a directive
Article 12 – paragraph 9 b (new)
Article 12 – paragraph 9 b (new)
9 b. Member States shall support local authorities in developing and implementing Sustainable Urban Mobility Plans (SUMPs) with a particular focus on the integration of housing policies with sustainable mobility and urban planning, hereby ensuring and prioritising accessibility of all new major urban developments by active mobility and public transport.
Amendment 1149 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the building owners, tenants and managers can have direct access to their building systems’ data. At their request, the access or data shall be made available to a third party, subject to the agreement of the owners. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6.
Amendment 1151 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, the projected lifespan of the heating system(s), building automation and control systems, meters and charging points for e-mobility.
Amendment 1154 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility, as well as all information included in the building file.
Amendment 1163 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. To facilitate the implementation of heating and cooling plans, Member States shall ensure that local authorities receive a report with data on energy performance of buildings on their territory. This report shall be provided to local authorities on an annual basis and include operational geographic information systems and the related databases, in line with GDPR requirements. Member States shall ensure that local authorities have the necessary resources for data and information management.
Amendment 1165 #
2021/0426(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall adopt implementing acts detailing interoperability requirements and non- discriminatory and transparent procedures for access to the data. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 30(2). In this way, a reliable and complete flow of data from the different Member States shall allow the Commission to carry out audits to control the level of energy efficiency of the European building stock. Thus, it will be possible to identify in a more exhaustive and precise way which are the vulnerable areas that are showing greater difficulty and/or delay in the fulfilment of the expected renovation rate.
Amendment 1172 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall provide appropriate financing, support measures and other instruments able to addressnd design simple procedures ensuring easy access to financing for households. This shall address up-front costs associated with renovation faced by consumers, market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050. Member States shall tackle energy poverty by developing dedicated schemes on energy efficiency measures as a priority among people affected by energy poverty, vulnerable consumers, low-income households pursuant to Article 8 (3) and Article 21 of the (recast EED) and by ensuring that mainstream financial instruments are inclusive via enabling tools like revolving or guarantee funds. Member States shall promote measures that make the use of public-private partnerships simpler.
Amendment 1181 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support including subsidies, grants and loans for financing renovation. .
Amendment 1192 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, Pay-as-you-Save financial scheme, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.
Amendment 1198 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. 6. Member States shall ensure the establishment of technical assistance facilities, including through one-stop- shops, which shall be at no cost for vulnerable households, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises. Member States shall ensure the availability of appropriate number of one-stop-shops. Such one stop shops shall provide information on the available funding opportunities in particular grant and subsidy schemes, offering technical support, have programs specifically targeting vulnerable households, facilitate the access to training programs and support various awareness-raising activities.
Amendment 1209 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector. Furthermore, Member States ensure that skilled workers in the construction industry have access to applicable minimum wage regulations and that collective wage agreements are respected. The physical burdens of skilled workers in the construction industry should also to be taken into account in the area of national pension schemes.
Amendment 1210 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Member States shall monitor the availability of skills and skilled professionals on the market and put in place measures and financing to promote education and training programmes to ensure that there is aare sufficient workforcely trained and qualified workforce and professionals with the appropriate level of skills corresponding to the needs in the building sector. Member States shall put in place measures to promote participation in such programmes, in particular by micro, small and medium-sized enterprises.
Amendment 1211 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Member States shall put in place measures and financing to promote education and training to facilitate the professional requalification of workers and creation of employment opportunities to ensure that there is a sufficient workforce with the an appropriate level of skills corresponding to the needs in the building sector. One stop shops should also play a role in facilitating the access to such training and apprenticeship programs.
Amendment 1215 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8 a. The Commission shall develop a common Union standard for Pay-as-you- Save financial schemes, setting mandatory minimum requirements for public and private actors, in order for this standard to be granted.
Amendment 1237 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 11 – introductory part
Article 15 – paragraph 11 – introductory part
11. Member States shall incentivise deep renovation and sizeable programmes that address a high number of buildings and result in an overall reduction of at least 30 % of primary energy demand with higher financial, fiscal, administrative and technical support and priorities the worst performing buildings, inhabited by people affected by energy poverty, vulnerable and low-income households and people living in social housing.
Amendment 1250 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 12
Article 15 – paragraph 12
12. Financial incentives shall target as a priority vulnerable and low-income households, people affected by energy poverty and people living in social housing, in line with Article 22 of Directive (EU) .../…. [recast EED].
Amendment 1251 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 12 a (new)
Article 15 – paragraph 12 a (new)
12 a. Member States shall complement the promotion of these financial incentives with policies and measures to avoid renovation and gentrification processes
Amendment 1253 #
2021/0426(COD)
Proposal for a directive
Article 15 – paragraph 13
Article 15 – paragraph 13
13. When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases. by introducing Pay-as-you-Save financial schemes conditionality on rent increases, guaranteeing that the rent increase does not exceed the savings, due to renovation energy savings and by developing social safeguards to prevent renovations.
Amendment 1283 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visitdigitally in a clear, consistent and easily legible manner and in a machine-readable format that enables their comparability by relevant stakeholders across the European Union. Energy performance certificates shall be issued by independent experts following an on-site visit. The Commission shall issue detailed guidelines in that regard.
Amendment 1286 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are affordable and at no cost for vulnerable and low-income households issued by independent experts following an on-site visit.
Amendment 1304 #
2021/0426(COD)
Proposal for a directive
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The energy performance certificate shall provide an indication as to indicate the contact information and address of the closest one stop shop, where the owner or tenant can receive more detailed information, including as regards the cost- effectiveness of the recommendations made in the energy performance certificate. The evaluation of cost effectiveness shall be based on a set of standard conditions, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the steps to be taken to implement the recommendations, and on the financial opportunities. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities , or advice on how to increase the climate resilience of the building, may also be provided to the owner or tenant.
Amendment 1323 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) buildings or building units which are constructed , have undergone a major renovation, are sold or rented out to a new tenant or for which a rental contract is renewed which have their mortgage refinanced ; and
Amendment 1327 #
2021/0426(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(b a) Member States shall ensure that energy performance certificates are issued at no cost for vulnerable and low-income households.
Amendment 1337 #
2021/0426(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Each Member State shall set up a national database for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock. The database shall be publicly accessible, compatible with other online platforms and public services, and shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered.
Amendment 1357 #
2021/0426(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the necessary measures to establish regular inspections or maintenance of heating , ventilation and air conditioning systems with an effective rated output of over 70 kW. The effective rating of the system shall be based on the sum of the rated output of the heating and air-conditioning generators.
Amendment 1388 #
2021/0426(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure the appropriate level ofa national plan for developing high skill competences for building professionals carrying out integrated renovation works in line with Article 26 [recast EED].
Amendment 1389 #
2021/0426(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall ensure the appropriate level of competence for building workforce and professionals carrying out integrated renovation works in line with Article 26 [recast EED].
Amendment 1403 #
2021/0426(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
As part of that review, the Commission shall assess whether the application of this Directive in combination with other legislative instruments addressing energy efficiency and greenhouse gas emissions from buildings, notably through carbon pricing, deliver sufficient progress towards achieving a fully decarbonised, zero- emission building stock by 2050, or whether further binding measures at Union level, in particular mandatory minimum energy performance standards across the whole building stock, need to be introduced. In addition to this, a holistic approach at all spatial scales, including: landscape architecture, urban planning, infrastructure, design, thus promoting more sustainable, inclusive and innovative ways of living in line with the evolution of our built environment, in order to adapt to new needs and ensure decent and quality housing for all, should be taken into account in the measures at Union level. The Commission shall also examine in what manner Member States could apply integrated district or neighbourhood approaches in Union building and energy efficiency policy, while ensuring that each building meets the minimum energy performance requirements, for example by means of overall renovation schemes applying to a number of buildings in a spatial context instead of a single building.
Amendment 1406 #
2021/0426(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall endorse information and awareness-raising campaigns in order to promote the interest and the support of the public for the improvement of this Directive and take the necessary measures to inform the owners or tenants of buildings or building units and all relevant market actors of the different methods and practices that serve to enhance energy performance. In particular, Member States shall take the necessary measures to provide tailor-made information to vulnerable households.
Amendment 1411 #
2021/0426(COD)
Proposal for a directive
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. Member States shall in particular provide information to the owners or tenants of buildings on energy performance certificates, including their purpose and objectives, on cost-effective measures and, where appropriate, financial instruments, to improve the energy performance of the building, and on replacing fossil fuel boilers with more sustainable alternatives. Member States shall provide the information through accessible and transparent advisory tools such as renovation advice and one-stop-shops, paying particular attention to vulnerable and low-income households.
Amendment 1534 #
2021/0426(COD)
Proposal for a directive
Annex II – table – (a) Overview of the national building stock – column 2 – row 1
Annex II – table – (a) Overview of the national building stock – column 2 – row 1
Number of buildings and total floor area (m2): - per building type (including public buildings and social housing) buildings and social housing) - per energy performance class - NZEB - worst-performing (including a definition) definition) - per energy source types for space and water heating, cooling where relevant - per stimated obsolescence date of the space and water heating systems
Amendment 1542 #
2021/0426(COD)
Proposal for a directive
Annex II – table – (b) Roadmap for 2030, 2040, 2050 – column 2 – row 4
Annex II – table – (b) Roadmap for 2030, 2040, 2050 – column 2 – row 4
Expected wider benefits - Creation of new jobs - % reduction of people affected by energy poverty - Reduction of costs for health systems due to health improvements caused by better indoor air quality after the renovation
Amendment 1559 #
2021/0426(COD)
Proposal for a directive
Annex III – point 1 – paragraph 3
Annex III – point 1 – paragraph 3
The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, on a net annual basis as well as seasonally, by – energy from renewable sources generated on-site and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED], − energy from renewable sources produced nearby or delivered through the electricity grid, – renewable energy provided from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED], or – renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) …/… [recast EED].
Amendment 184 #
2021/0223(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EU) 2019/631 of the European Parliament and of the Council46 and Regulation (EU) 2019/1242 of the European Parliament and of the Council47 already set CO2 emission performance standards for new passenger cars and for new light commercial vehicles as well as for certain heavy-duty vehicles. The Fit for 55 package proposes to strengthen CO2 emission performance standards for cars and vans and a further revision of CO2 standards for heavy-duty vehicles will take place in 2022. Those instruments should accelerate the uptake in particular of zero- emission vehicles and thereby create demand for recharging and refuelling infrastructure. _________________ 46Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13). 47Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).This proposal for regulation is instrumental in helping vehicle manufacturers to meet their ambitious CO2 targets and reducing CO2 emissions from road transport
Amendment 214 #
2021/0223(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Highlighting the transitional nature of CNG, Member States should be able to ensure an appropriate number of publicly accessible refuelling points for CNG in urban/suburban agglomerations and along the existing TEN-T Core Network, to ensure that CNG motor vehicles can circulate throughout the Union.
Amendment 217 #
2021/0223(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point or the increasing market penetration of smart and bi-directional recharging capabilities in particular for publicly accessible long-parking duration. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States in particular considering a geographical disparities across the Members States.
Amendment 230 #
2021/0223(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Smart metering systems as defined in Directive (EU) 2019/944 of the European Parliament and of the Council52 enable real-time data to be produced, which is needed to ensure the stability of the grid and to encourage rational use of recharging services. By providing energy metering in real time and accurate and transparent information on the cost, they encourage, in combination with smart recharging points, recharging at times of low general electricity demand and low energy prices. The use of smart metering systems in combination with smart recharging points can optimise recharging, with benefits for the electricity system and for the end user. Member States should encourage the use of smart metering system for the recharging of electric vehicles at publicly accessible recharging stations, where technically feasible and economically reasonable, and ensure that these systems comply with the requirements laid down in Article 20 of Directive (EU) 2019/444. _________________ 52Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
Amendment 275 #
2021/0223(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41 a) Member States, which lack proper incentive schemes, should take all necessary measures to address their different starting position when seeking to promote sustainable modes of transport. Particular emphasis should be given to municipal or regional authorities, which can facilitate the uptake of vehicles using alternative fuels through dedicated tax incentives, public procurements or local traffic regulations.
Amendment 279 #
2021/0223(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) When applicable EU finding under the Recovery and Resilience Facility, Cohesion Funds or Connecting Europe Facility can be used to complement the efforts of Member States to invest in infrastructure for alternative fuels.
Amendment 286 #
2021/0223(COD)
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54 a) Considering the significant share of final energy consumption in the EU by road transport, the energy efficiency first principle should therefore be reflected in policy, planning and investment decisions related to the deployment of recharging and refuelling infrastructure of alternative fuels as enshrined in Directive 2012/27/EU [Recast Energy Efficiency Directive] that considers energy efficiency first principle to be taken into account in all sectors.
Amendment 297 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels, including biogas, bio-LNG and biofuels as defined in Article 2, points (27), (28) and (33) of Directive (EU) 2018/2001,
Amendment 300 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels, biogas, bio-LNG and biofuels as defined in Article 2, points (27), (28) and (33) of Directive (EU) 2018/2001,
Amendment 305 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c – indent 1
Article 2 – paragraph 1 – point 3 – point c – indent 1
– natural gas, including biomethane, in gaseous form (compressed natural gas (CNG)) and liquefied form (liquefied natural gas (LNG)),
Amendment 310 #
2021/0223(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 38
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public, irrespective of whetherwith unlimited and unconditional access to the alternative fuels infrastructure, irrespective of whether it is located on public or on private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure;
Amendment 324 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
– publicly accessible recharging stations for light-duty vehicles are deployed commensurate to the uptake of light-duty electric vehicles including passenger cars and light commercial vehicles;
Amendment 325 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2 a (new)
Article 3 – paragraph 1 – indent 2 a (new)
- at least one recharging station at recharging pool in urban areas and along TEN-T core and TEN-T comprehensive network is dedicated to light commercial vehicles with a trailer, taking into account their special demands relating to the amount of cargo space used by such vehicles;
Amendment 332 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 13 kW is provided through publicly accessible recharging stations; and
Amendment 336 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 0.662 kW is provided through publicly accessible recharging stations.
Amendment 338 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. Member States shall ensure a minimum coverage of publicly accessible recharging points dedicated to light-duty vehicles on the road network in their territory, including the deployment of smart and bidirectional recharging in particular for publicly accessible long- parking duration of light-duty vehicles in line with the obligations set by article 5.8 of this regulation. To that end, Member States shall ensure that:
Amendment 341 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – introductory part
Article 3 – paragraph 2 – point a – introductory part
(a) along the TEN-T core and comprehensve network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
Amendment 345 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
Article 3 – paragraph 2 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 3600 kW and include at least one recharging station with an individual power output of at least 15300 kW;
Amendment 349 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a – point ii
Article 3 – paragraph 2 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW;
Amendment 368 #
2021/0223(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Country specific derogation, allowing for longer distance targets than the ones mentioned in paragraph two, points (a) and (b) of this article shall be applied based on assessment of the concentration of population and disparity of urban areas across the Member States
Amendment 375 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure a minimum coverage of publicly accessible recharging points, dedicated to heavy-duty vehicles in their territory, including the deployment of smart and bidirectional recharging in particular for publicly accessible long-parking duration of heavy-duty vehicles in line with the obligations set by article 5.8 of this regulation. To that end, Member States shall ensure that:
Amendment 378 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
Article 4 – paragraph 1 – point a – introductory part
(a) along the TEN-T core network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km, considering local conditions, in-between them:
Amendment 380 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
Article 4 – paragraph 1 – point a – point i
(i) (i) by 31 DecemberJuly 2025, each recharging pool shall offer a power output of at least 145000 kW and include at least onefour recharging stations with an individual power output of at least 350 kW and at least four recharging stations with an individual power output of at least 800 kW;
Amendment 390 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 DecemberJuly 2030, each recharging pool shall offer a power output of at least 36500 kW and include at least twofour recharging stations with an individual power output of at least 351200 kW;
Amendment 394 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – introductory part
Article 4 – paragraph 1 – point b – introductory part
(b) along the TEN-T comprehensive network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 100 km, considering local conditions, in-between them:
Amendment 398 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
Article 4 – paragraph 1 – point b – point i
(i) by 31 DecemberJuly 203027, each recharging pool shall offer a power output of at least 1400 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
Amendment 403 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
Article 4 – paragraph 1 – point b – point ii
(ii) by 1 DecemberJuly 20350, each recharging pool shall offer a power output of at least 35000 kW and include at least two recharging stations with an individual power output of at least 35800 kW ;
Amendment 405 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii a (new)
Article 4 – paragraph 1 – point b – point ii a (new)
(ii a) by 1 July 2035, each recharging pool shall offer a power output of at least 5000 kW and include at least two recharging stations with an individual power output of at least 1200 kW ;
Amendment 415 #
2021/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) by 31 DecemberJuly 2030, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 12600 kW are deployed, provided by recharging stations with an individual power output of at least 150 kW. and at least two recharging stations with an individual power output of at least 350 kW
Amendment 1260 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
in Article 2, the first paragraph is amended as follows: ‘energy from renewable sources’ or ‘renewable energy’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, ambient energy, tide, wave and other ocean energy, energy derived from oxidation of marine hydrogen sulfides, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;
Amendment 181 #
2021/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel something that could also contribute to a risk of loss of competitiveness of Union ports vis-à-vis non-Union ports. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
Amendment 186 #
2021/0210(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Every year over a period of five years as from the entry into force of the FuelEU Maritime Regulation, the EU Commission should evaluate the impact of FuelEU Maritime on EU ports exposed to competition from non-EU ports. A list of those ports shall be established, their emissions monitored and the evolution of the volumes tracked in order to determine whether variations are due to market conditions or can be attributed to carbon leakage. Should the cargo diversion be caused by the introduction of FuelEU Maritime, the EU Commission will have to thoroughly evaluate the loss of competitiveness and allocate additional funding for clean port infrastructure and for the greening of superstructure such as new clean mobile service equipment.
Amendment 190 #
2021/0210(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish- processing ships, or government ships used for non-commercial purposes. Ships not covered by this Regulation should be encouraged to comply with the obligations of this Regulation on a voluntary basis.
Amendment 193 #
2021/0210(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affectHowever, the shipping company is not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle and to encourage the uptake of cleaner fuels, a binding clause should be included ing the greenhouse gas intse agreements for the purpose of passing on to that enstity of the energy used by the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel,costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause should provide that the entity responsible for the operation of the ship should reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy used on-board the ship. In this regard operation of the ship includes determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. _________________ 21Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 216 #
2021/0210(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The development and production of sustainable maritime fuels should be exponentially increased in the coming years. The EU and the Member States should invest in the research and production of sustainable maritime fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable maritime fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States. As there is an urgent need to support research and innovation for maritime fuels, an EU research centre for alternative marine fuels and technologies could be created. This centre should coordinate the sector stakeholders involved in the development of sustainable renewable fuels and possibly co-finance investment and research, development and deployment through the ETS maritime revenues.
Amendment 220 #
2021/0210(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels on the basis of the information provided by the EU maritime fuel suppliers. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.
Amendment 231 #
2021/0210(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) In the event that the fuel necessary for a ship to comply cannot be supplied at a port under the jurisdiction of a Member State, the ship should report the inability to obtain such fuel to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State.
Amendment 248 #
2021/0210(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The use of blockchain technology should be encouraged in order to render monitoring and reporting processes more secure and accurate.
Amendment 253 #
2021/0210(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and, help maritime operators to meet their climate and environmental goals, finance/co-finance infrastructure and if necessary superstructure investments in the EU ports as well as to support redeployment, re-skilling and up- skilling of workers, in quality social dialogue with social partners. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
Amendment 258 #
2021/0210(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties andor in case of repeated violations refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.
Amendment 267 #
2021/0210(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Recognizing the importance to address the specific needs of islands and remote areas of the Union and with a view to ensure connectivity, flexibility should be provided to the passenger maritime cabotage sector, as prescribed in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.
Amendment 268 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the limit on the greenhouse gas (‘GHG’) intensity of energy supplied by maritime fuel suppliers and used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and
Amendment 271 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
in order to increase consistent supply and use of renewable and low-carbon fuels and substitute sources of energy across the Union, while ensurin maritime transport across the Union in line with the Union’s objective of climate neutrality ing the smooth operation of maritime trafficUnion at the latest by 2050 and the goals of the Paris Agreement, while ensuring its smooth operation and avoiding distortions in the internal market.
Amendment 275 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to marine fuel suppliers and to all ships above a gross tonnage of 5000 and from year 2035 to all ships above a gross tonnage of 400, regardless of their flag in respect to:
Amendment 277 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the energy supplied and used during their stay within a port of call under the jurisdiction of a Member State,
Amendment 279 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country, provided that a thorough ex ante impact assessment regarding the risks of cargo diversion establishes that no major negative impacts on EU ports are expected. The Commission shall then propose an amendment to this Regulation aiming at adjusting it taking into account the data from the impact assessment.
Amendment 281 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) all the fuels purchased in EU ports.
Amendment 283 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
By way of derogation, point (b) of paragraph 1 shall not apply until 31th December 2029 to passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 100.000 permanent residents, according to the latest official national census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 286 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%.
Amendment 288 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘food and feed crops’ means food and feed crops as defined in Article 2, point (40), of Directive (EU) 2018/2001; including intermediate crops and other crops grown primarily for energy purposes on agricultural land.
Amendment 290 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(i a) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, paragraph 2,point 38 of Directive (EU) 2018/2001, supplying marine fuel at a maritime port under the jurisdiction of a Member State;”
Amendment 306 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The yearly average greenhouse gas intensity of the energy supplied and used on-board by a ship during a reporting period shall not exceed the limit set out in paragraph 2.
Amendment 313 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1325% from 1 January 2035;
Amendment 315 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -2650% from 1 January 2040;
Amendment 317 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
— -759% from 1 January 2045;
Amendment 319 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 6
Article 4 – paragraph 2 – indent 6
— -75100% from 1 January 2050.
Amendment 320 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the fleet average greenhouse gas intensity of the energy supplied to ships and used on-board by ships in 2020 as determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]
Amendment 330 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Ships shall comply with the limits referred to in paragraph 2 in relation to the energy used and supplied within a port of call under the jurisdiction of a Member State.
Amendment 331 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4 b. Maritime fuel suppliers shall ensure that the energy made available to ships in ports under the jurisdiction of a Member State complies with the limits referred to in paragraph 2.
Amendment 332 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4 c. From 1 January 2035, the share of RFNBOs used on board by a ship shall not be inferior to 6% of the total energy used during a reporting period. Ships may make use of compliance pooling provisions defined at articles 17 and 18, and are subject to penalties for non- compliance as defined at article 20 and Annex V.
Amendment 333 #
2021/0210(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Minimum share of renewable fuels of non-biological origin available at Union ports 1. Marine fuel suppliers shall ensure that the overall marine fuel sold in the course of a year to ships at each Union port complies with the limits, values and dates of application set out in Article 4 (c) in order to provide the necessary fuels to ships. 2. Member States shall ensure that any marine fuel supplier failing to comply with the obligations laid down in Paragraph 1 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of marine fossil fuels covered by this regulation and the cheapest marine renewable fuel of non-biological origin per tonne and of the quantity of fuel not complying with the green house gas limit referred to in Article 4(a).
Amendment 349 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point f a (new)
Article 5 – paragraph 3 – point f a (new)
(f a) at anchorage
Amendment 370 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops including intermediate crops and other crops grown primarily for energy purposes on agricultural land shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 377 #
2021/0210(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and mandatory re-accreditation of verifiers to address the new complexities of the data to be verified and the new specificities of the new alternative fuels. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.
Amendment 384 #
2021/0210(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a FuelEU maritime non-availability report 1. If a ship, despite best efforts, fails to obtain at a port under the jurisdiction of a Member State fuels enabling it to comply with the limits referred to in paragraph 2 of Article 4, it shall report the inability to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State, by means of a Fuel EU non-availability report. This report should include the reasons of the non-availability of fuels such as shortage of fuels and lack of port infrastructure. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU maritime non-availability report referred to in paragraph 1 of this Article. 3. The competent authorities of the Member State shall report in the compliance database referred to in Article 16 the cases of fuel non-availability. 4. The Member State of the port shall investigate the reports of non-availability.
Amendment 390 #
2021/0210(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Reporting obligations for maritime fuel suppliers By 31 March of each reporting year, maritime fuel suppliers shall report in the compliance database referred to in Article 16, the following information relative to the reporting period: (a) The volume of renewable and low- carbon fuels at ports under the jurisdiction of a Member State, and for each type of energy; (b) The lifecycle emissions, origin of feed stock and conversion process of each renewable and low-carbon fuel type supplied at ports under the jurisdiction of a Member State.
Amendment 395 #
2021/0210(COD)
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5 a. Member States shall ensure that penalties are imposed on maritime fuel suppliers who fail to comply with the obligations laid down in Article 4 relative to the yearly average greenhouse gas intensity of the energy supplied. Member States shall lay down provisions on penalties applicable to maritime fuel suppliers and shall take all the measures necessary to ensure that they are applied. The penalties provided therefor shall be effective, proportionate and dissuasive. Member States shall notify the Commission of the relevant provisions of national law by 31 December 2024.
Amendment 396 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a penalty. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V. The verifier shall also allocate the proportion of the compliance deficit to the entity that is ultimately responsible for the purchase of the fuel and/or the operation of the ship, calculate the proportionate penalty and notify the shipping company and that other entity for the sake of payment or reimbursement.
Amendment 399 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. When the responsibility for the purchase of the fuel and/ or the operation of the ship is assumed, pursuant to a contractual agreement, by an entity other than the shipping company, that entity shall either pay the penalties under Article 20(1) and (2) of this Regulation or reimburse the shipping company for the penalties paid. For the purposes of this paragraph, operation of the ship shall mean determining the cargo carried, the itinerary, the routeing and/or the speed of the ship.
Amendment 404 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector including safety, training and protecting measures for workers using new maritime fuels. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.
Amendment 287 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘durable medium’ means any instrument, including paper or digital versions of documents, which enables the consumer to store information addressed personally to him or her in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
Amendment 298 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 25 a (new)
Article 3 – paragraph 1 – point 25 a (new)
(25 a) ‘deferred debit’ means a deferred payment of an invoice whereby the trader gives its consumer more time to pay the invoice, free of interest and without any other charges, including penalty charges, as agreed between parties, as set out in the supplier’s invoice or as laid down by law, and executed within 30 days of the issuance of the invoice
Amendment 302 #
2021/0171(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 25 c (new)
Article 3 – paragraph 1 – point 25 c (new)
(25 c) ‘targeting of advertising’ means techniques of processing of personal data available to the sponsors of advertisements that are used to determine the potential audience of an advertisement, that is, the specific person or groups of persons that are and are not eligible to be delivered an advertisement based on information observed or inferred from them or revealed by them.
Amendment 323 #
2021/0171(COD)
Proposal for a directive
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
Member States shall ensure that only standardised offers can be advertised.
Amendment 351 #
2021/0171(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that clear and comprehensible general information about credit agreements or crowdfunding credit services is made available to consumers by creditors or, where applicable, by credit intermediaries or providers of crowdfunding credit services, at all times on paper or on anothera durable medium.
Amendment 353 #
2021/0171(COD)
Proposal for a directive
Article 9 – paragraph 2 – point e a (new)
Article 9 – paragraph 2 – point e a (new)
(e a) in the case of credits with a variable borrowing rate, a simulation of the impact on the cost of the credit of reasonable upward changes in the borrowing rate
Amendment 354 #
2021/0171(COD)
Proposal for a directive
Article 9 – paragraph 2 – point k
Article 9 – paragraph 2 – point k
(k) a general warning concerning possible consequences of non-compliance with the commitments linked to the specific credit agreement or crowdfunding credit services, displayed at every stage of the purchasing process.
Amendment 357 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one dayin due time, and in any case before he or she is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
Amendment 366 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Amendment 371 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The pre-contractual information referred to in paragraph 1 shall be provided on paper or on another durable mediuma durable medium (digitally by default, or on paper if requested by the consumer) by means of the Standard European Consumer Credit Information form set out in Annex I. All the information provided in the form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the Standard European Consumer Credit Information.
Amendment 401 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point n
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequences of missinged or late payments, including a simulation of related costs;
Amendment 404 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point p
Article 10 – paragraph 3 – point p
(p) the existence of a right of withdrawal and its duration;
Amendment 409 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point s
Article 10 – paragraph 3 – point s
(s) the consumer's right, as set out in paragraph 8, to be supplied, on requestat any time, on a durable medium and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer;
Amendment 413 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 3 – point v a (new)
Article 10 – paragraph 3 – point v a (new)
(v a) the relevant databases that may be consulted
Amendment 433 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 4 – point f
Article 10 – paragraph 4 – point f
(f) costs in the cansequences of missed ofr late payments, including a simulation of related costs;
Amendment 471 #
2021/0171(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. For credit agreements referred to in Article 2(5) or (6), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from paragraph 2 of that Article, be provided on paper or on another durable mediuma durable medium chosen by the consumer by means of the European Consumer Credit Information form set out in Annex III. All information provided in that form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the European Consumer Credit Information.
Amendment 493 #
2021/0171(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that creditors and, where applicable, credit intermediaries and providers of crowdfunding credit services are required to provide adequate explanations to the consumer on the proposed credit agreements or crowdfunding credit services and any ancillary services that make it possible for the consumer to assess whether the proposed credit agreements or crowdfunding credit services and ancillary services are adapted to his or her needs and financial situation. Such explanations should be given before concluding the credit agreement. The explanations shall include the following elements:
Amendment 501 #
2021/0171(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumersobtain consent of the consumer before they develop a personalised offer and inform them when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal or inferred data.
Amendment 506 #
2021/0171(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
III TYING AND BUNDLING PRACTICES, AGREEMENT FOR ANCILLARY SERVICES, ADVISORY SERVICES AND, UNSOLICITED CREDIT SALES, AND ADDITIONAL PROTECTION REGARDING ONLINE INTERFACES
Amendment 520 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. In addition, creditors or providers of crowdfunding credit services should not be permitted to conclude the sale of a relevant insurance policy related to the credit agreement before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.
Amendment 524 #
2021/0171(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Member States shall ensure that consumers’ silence or inactivity cannot constitute an agreement for the purchase of ancillary services.
Amendment 527 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. Member States shall require that the creditor, and where applicable the credit intermediary and the provider of crowdfunding credit services, before the provision of advisory services or the conclusion of a contract for the provision of such services, provide the consumer with the following information on paper or anothera durable medium:
Amendment 531 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 3 – point d
Article 16 – paragraph 3 – point d
(d) act in the best interests of the consumer with a view to minimising defaults and arrears;
Amendment 532 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 3 – point e
Article 16 – paragraph 3 – point e
(e) give the consumer a record on paper or on anothera durable medium of the recommendation provided.
Amendment 555 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Member States shall ensure that credit intermediaries accurately transmit to the creditor information obtained from the consumer so that the creditworthiness assessment can be carried out.
Amendment 574 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. The European Banking Authority (EBA) shall develop draft regulatory technical standards for the use of the information mentioned in paragraph 2 by the creditor and, where applicable, the provider of the crowdfunding credit services.
Amendment 580 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 e (new)
Article 18 – paragraph 2 e (new)
2 e. Member States shall ensure that the creditworthiness assessment and corresponding repayment plans are tailored to the borrower’s specific profile and repayment capacity, including in the case of the most vulnerable consumers. In particular, where a creditor or a provider of crowdfunding credit services fulfils a social purpose as required by national law, the specificities of the loan such as its nature, maturity and interest rate, as well as the repayment plan should fit the borrowers’ specific profiles.
Amendment 587 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services only makes the credit available to the consumer where the result of the creditworthiness assessment is positive, meaning that it indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement.
Amendment 593 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Amendment 607 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 6 – point a
Article 18 – paragraph 6 – point a
(a) request and obtain human interventionassessment on the part of the creditor or the provider of crowdfunding credit services to review the decision;
Amendment 621 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 7
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data. to provide justifications for the rejection on a durable medium, and, where relevant, refer the consumer to debt advisory services available in her/his area
Amendment 635 #
2021/0171(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. Without prejudice to paragraph 1, only creditors and providers of crowdfunding credit services which are subject to supervision by competent authorities and who are also providing their own information to a database shall have access to databases.
Amendment 644 #
2021/0171(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall require that credit agreements or agreements for the provision of crowdfunding credit services are drawn up on paper or on anothera durable medium and that all the contracting parties are provided with a copy of the credit agreement or of the agreement for the provision of crowdfunding credit services.
Amendment 646 #
2021/0171(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 654 #
2021/0171(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Member States shall require that the creditor or the provider of crowdfunding credit services inform the consumer of any change in the borrowing rate, on paper or another durable medium,a durable medium, at least 2 working days before the change enters into force.
Amendment 664 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor informs the consumer, on paper or anothera durable medium, of increases in the borrowing rate or in any charges payable, at least 2 working days before the change in question enters into force.
Amendment 665 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1 – point d
Article 24 – paragraph 2 – subparagraph 1 – point d
(d) the information concerning the new reference rate is also available at the premises and on the website or mobile app of the creditor.
Amendment 691 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor shall be taken into consideration, except for up-front costs, which are fully exhausted at the time of granting of the loan and corresponded to services effectively provided to the consumer. The up-front costs should be adequately identified and declared in the credit contract.
Amendment 703 #
2021/0171(COD)
Proposal for a directive
Article 30 – paragraph 4
Article 30 – paragraph 4
4. In the case of credit agreements or agreements for the provision of crowdfunding credit services containing clauses that allow variations in the borrowing rate or variations in certain charges contained in the annual percentage rate of charge which make them unquantifiable at the time of calculation, the annual percentage rate of charge shall be calculated on the assumption that the borrowing rate and other charges will remain fixed in relation to the initial level and will remain applicable until the end of the credit agreement or of the agreement for the provision of crowdfunding credit services. the consumer shall be provided with two versions of the annual percentage rate of charge: (i) the first version shall be calculated on the assumption that the borrowing rate and other charges will remain fixed in relation to the initial level and will remain applicable until the end of the credit agreement or of the agreement for the provision of crowdfunding credit services, (ii) the second version shall be calculated on the assumption that the interest rate will suffer a significant increase throughout the duration of the credit agreement or the agreement for the provision of crowdfunding credit services.
Amendment 738 #
Amendment 739 #
2021/0171(COD)
Proposal for a directive
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. Member States shall promote measures that support the education of consumers in relation to responsible borrowing and debt management, in particular in relation to consumer credit agreements. Clear and general information on the credit granting process shall be provided to consumers in order to guide them, in particular those who take out a consumer credit for the first time, and especially on digital toolsbudget management.
Amendment 742 #
2021/0171(COD)
Proposal for a directive
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1 a. Clear and general information on the credit granting process shall be provided to consumers in order to guide them, in particular those who take out a consumer credit for the first time, and especially on digital tools. Member States shall also disseminate information regarding the guidance that consumer organisations and national authorities may provide to consumers.
Amendment 744 #
2021/0171(COD)
Proposal for a directive
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Member States shall require creditors to have adequate policensure that creditors propose appropriate forbearance measures, tailored to the consumer’s individual circumstances, to consumers experiencing or likely to experience financial difficulties, and procedures so that they make effin any event, prior to launching enforcement proceedings or assigning the credit to third parties. Member States shall require creditorts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall take into account, among other elements, the consumer’s circumstances and mayshall consist in, amt least onge of ther following possibilities:
Amendment 752 #
2021/0171(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
Member States shall ensure that independent debt advisory services are made available to consumers., free of charge or at a reasonable price, and that adequate support is provided to debt- advice structures. Member States shall ensure that creditors systematically refer consumers experiencing or likely to experience financial difficulties, to the nearest debt- advice service available in their area
Amendment 757 #
2021/0171(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
For the purposes of fulfilling the obligations in paragraph 1, creditors shall have processes and policies in place for the early detection and monitoring of consumers experiencing or likely to experience financial difficulties.
Amendment 772 #
2021/0171(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) reach an agreement with the consumer on any fees referred to in point (b) on paper or anothera durable medium before the conclusion of the credit agreement;
Amendment 791 #
2021/0171(COD)
Proposal for a directive
Article 44 a (new)
Article 44 a (new)
Article 44 a Remedies Member States shall ensure that consumers have access to proportionate and effective remedies, including compensation, in accordance with applicable national civil law, for damage suffered by the consumer and, where relevant, a price reduction or the termination of the contract. Those remedies shall be without prejudice to the application of other remedies available to consumers under Union or national law.
Amendment 227 #
2021/0106(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In line with the commonly established notion of substantial modification for products regulated by Union harmonisation legislation, it is appropriate that an AI system undergoes a new conformity assessment whenever a change occurs which may affect the compliance of the system with this Regulation or when the intended purpose of the system changes. In addition, as regards AI systems which continue to ‘learn’ after being placed on the market or put into service (i.e. they automatically adapt how functions are carried out), it is necessary to provide rules establishing that changes to the algorithm and its performance that have been pre-determined by the provider and assessed at the moment of the conformity assessment should not constitute a substantial modification. The conformity assessment requirements as defined by this Regulation shall not apply for firmware and software updates developed by the product manufacturer.
Amendment 262 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development in the context of academic R&D projects. The Commission may adopt delegated acts that may clarify the further exemptions.
Amendment 282 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view to placing itor places that system on the market or puttings it into service under its own name or trademark, whether for payment or free of charge;
Amendment 284 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) ‘end-user’ means any natural person who, in the context of employment or contractual agreement with the user, uses or deploys the AI system under the authority of the user;
Amendment 291 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new)
Article 3 – paragraph 1 – point 14 a (new)
(14a) ‘information security component of a product or system’ means a component of a product of a system which has been specifically designed to fulfil security function for that product or system against cyber incidents, disruptions and/ or attacks;
Amendment 292 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 b (new)
Article 3 – paragraph 1 – point 14 b (new)
(14b) ‘information security product or system’ means a product or of a system which has been specifically designed to fulfil a security function against cyber incidents, disruptions and/ or attacks;
Amendment 314 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the funensure a high level of protectioning of the internal market by laying down a uniform legal frameworkfundamental rights, health, safety and the environment, as well as the Union values enshrined in paArticular for the development, marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights,le 2 of the Treaty on European Union (TEU), from harmful effects of the use of artificial intelligence systems in the Union while enhancing innovation and improving the functioning of the internal market. This Regulation lays down a uniform legal framework in particular for the development, the placing on the market, the putting into service and the use of artificial intelligence in conformity with Union values and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 316 #
2021/0106(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform legal framework in particular for the development, the placing on the market, the putting into service and the marketing and use of artificial intelligence in conformity with Union values. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and, fundamental rights, the environment and the Union values enshrined in Article 2 of the Treaty on European Union (TEU), and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
Amendment 324 #
2021/0106(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Artificial intelligence systems (AI systems) can be easily deployed in multiple sectors of the economy and society, including cross border, and circulate throughout the Union. Certain Member States have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. Differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use AI systems. A consistent and high level of protection throughout the Union should therefore be ensured, while divergences hampering the free circulation of AI systems and related products and services within the internal market should be prevented, by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). To the extent thatAs AI systems rely on the processing of large volumes of data, including personal data, it is appropriate to base this Regulation contains specific rules on the protection of individuals with regard Article 16 of the TFEU, which enshrines the right of everyone to the processingtection of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules andthem and provides for the adoption of rules on the protection of individuals with regard to the processing of personal data. In light of the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
Amendment 325 #
2021/0106(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) However, in line with Article 114(2) TFEU, this Regulation does not affect the rights and interests of employed persons. This Regulation should therefore not affect Community law on social policy and national labour law and practice, that is any legal and contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers and workers, including information, consultation and participation. This Regulation should not affect the exercise of fundamental rights as recognized in the Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States, in accordance with national law and/or practice. Nor should it affect concertation practices, the right to negotiate, to conclude and enforce collective agreement or to take collective action in accordance with national law and/or practice. It should in any case not prevent the Commission from proposing specific legislation on the rights and freedoms of workers affected by AI systems.
Amendment 327 #
2021/0106(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) This Regulation should not affect the restrictions, prohibitions or enforcement that apply where an artificial intelligence practice infringes another EU law, including EU acquis on data protection, privacy, or the confidentiality of communications, on non discrimination, consumer protection or on competition.
Amendment 335 #
2021/0106(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, as well as the level of technological development, artificial intelligence may generate risks and cause harm to public interests and rights that are protected by Union law. Such harm might be material or immaterial, including physical, psychological, societal or economic harm.
Amendment 338 #
2021/0106(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to ensure the dual green and digital transition, and secure the technological resilience of the EU, to reduce the carbon footprint of artificial intelligence and achieve the objectives of the new European Green Deal, this Regulation should contribute to the promotion of a green and sustainable artificial intelligence and to the consideration of the environmental impact of AI systems throughout their lifecycle. Sustainability should be at the core at the European artificial intelligence framework to guarantee that the development of artificial intelligence is compatible with sustainable development of environmental resources for current and future generations, at all stages of the lifecycle of artificial intelligence products; sustainability of artificial intelligence should encompass sustainable data sources, data centres, resource use, power supplies and infrastructure;
Amendment 341 #
2021/0106(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Given the major impact that artificial intelligence can have on society and the need to build trust, it is vital for artificial intelligence systems to respect the principles of fairness, accountability, transparency and accountability, privacy and security, and social benefit.
Amendment 342 #
2021/0106(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) Despite the high potential of solutions to the environmental and climate crisis offered by artificial intelligence, the design, training and execution of algorithms imply a high energy consumption and, consequently, high levels of carbon emissions. Artificial intelligence technologies and data centres have a high carbon footprint due to increased computational energy consumption, and high energy costs due to the volume of data stored and the amount of heat, electric and electronic waste generated, thus resulting in increased pollution. These environmental and carbon footprints are expected to increase overtime as the volume of data transferred and stored and the increasing development of artificial intelligence applications will continue to grow exponentially in the years to come. It is therefore important to minimise the climate and environmental footprint of artificial intelligence and related technologies and that AI systems and associated machinery are designed sustainably to reduce resource usage and energy consumption, thereby limiting the risks to the environment.
Amendment 343 #
2021/0106(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4 c) To promote the sustainable development of AI systems and in particular to prioritise the need for sustainable, energy efficient data centres, requirements for efficient heating and cooling of data centres should be consistent with the long-term climate and environmental standards and priorities of the Union and comply with the principle of 'do no significant harm' within the meaning of Article 17 of Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment, and should be fully decarbonised by January 2050. In this regard, Member States and telecommunications providers should collect and publish information relating to the energy performance and environmental footprint for artificial intelligence technologies and date centres including information on the energy efficiency of algorithms to establish a sustainability indicator for artificial intelligence technologies. A European code of conduct for datacentre energy efficiency can establish key sustainability indicators to measure four basic dimensions of a sustainable data centre, namely, how efficiently it uses energy, the proportion of energy generated from renewable energy sources, the reuse of any waste and heat, and the usage of fresh water.
Amendment 345 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and, the protection of fundamental rights, as recognised and protected by Union law, the environment and the Union values enshrined in Article 2 TEU. To achieve that objective, rules regulating the development, the placing on the market, and the putting into service and the use of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 350 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, health and safety, as recognised and protected by Union law. To achieve that objective, rules regulating the development, the placing on the market and, putting into service and the use of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 359 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software, in particular the ability, for a given set of human-defined objective to perceive, reason and act on machine and/or human-based inputs, to generate outputs such as content, hypotheses, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in a physical or digital dimension. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list.
Amendment 360 #
2021/0106(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The notion of AI system should be clearly defined to ensure legal certainty, while providing the flexibility to accommodate future technological developments. The definition should be based on the key functional characteristics of the software, in particular the ability, for a given set of human-defined objectives, to generate outputs such as content, predictions, recommendations, or decisions which influence the environment with which the system interacts, be it in a physical or digital dimension. AI systems can be designed to operate with varying levels of autonomy and be used on a stand- alone basis or as a component of a product, irrespective of whether the system is physically integrated into the product (embedded) or serve the functionality of the product without being integrated therein (non-embedded). The definition of AI system should be complemented by a list of specific techniques and approaches used for its development, which should be kept up-to–date in the light of market and technological developments through the adoption of delegated acts by the Commission to amend that list. AI systems can be developed through various techniques using learning, reasoning or modelling, such as: machine learning approaches, including supervised, unsupervised and reinforcement learning, using a wide variety of methods including deep learning; logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems; statistical approaches, Bayesian estimation, search and optimization methods.
Amendment 369 #
2021/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The notion of biometric data used in this Regulation is in line with and should be interpreted consistently with the notion of biometric data asthe same as that defined in Article 4(14) of Regulation (EU) 2016/679 of the European Parliament and of the Council35 , Article 3(18) of Regulation (EU) 2018/1725 of the European Parliament and of the Council36 and Article 3(13) of Directive (EU) 2016/680 of the European Parliament and of the Council37 . _________________ 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 36 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39) 37 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (Law Enforcement Directive) (OJ L 119, 4.5.2016, p. 89).
Amendment 371 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event wiperforming automated recognition of physical, physiological, behavioural, and psychological human features, for the purpose of identification of natural persons throut a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real-time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near-‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated befgh the comparison of a person’s biometric data with the biometric data contained in a reference database, irrespectively of the particular technology, processes ore the use of the system in respect of the natural persons concernypes of biometric data used.
Amendment 372 #
2021/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real-time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near-‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned.
Amendment 379 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art and industry standards, including as reflected in relevant harmonised standards or common specifications.
Amendment 382 #
2021/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not cover places that are private in nature and normally not freely accessible for third parties, including law enforcement authorities, unless those parties have been specifically invited or authorised, such as homes, private clubs, offices, warehouses and factories. Online spaces are not covered either, as they are not physical spaces. However, the mere fact that certain conditions for accessing a particular space may apply, such as admission tickets or age restrictions, does not mean that the space is not publicly accessible within the meaning of this Regulation. Consequently, in addition to public spaces such as streets, relevant parts of government buildings and most transport infrastructure, spaces such as cinemas, theatres, shops and shopping centres are normally also publicly accessible. Whether a given space is accessible to the public should however be determined on a case-by-case basis, having regard to the specificities of the individual situation at hand.
Amendment 383 #
2021/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not cover places that are private in nature and normally not freely accessible for third parties, including law enforcement authorities, unless those parties have been specifically invited or authorised, such as homes, private clubs, offices, warehouses and factories. Online spaces are not covered either, as they are not physical spaces. However, the mere fact that certain conditions for accessing a particular space may apply, such as admission tickets or age restrictions, does not mean that the space is not publicly accessible within the meaning of this Regulation. Consequently, in addition to public spaces such as streets, relevant parts of government buildings and most transport infrastructure, spaces such as cinemas, theatres, shops and shopping centres are normally also publicly accessible. Whether a given space is accessible to the public should however be determined on a case-by-case basis, having regard to the specificities of the individual situation at hand.
Amendment 390 #
2021/0106(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations.
Amendment 391 #
2021/0106(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In light of their digital nature, certain AI systems should fall within the scope of this Regulation even when they are neither placed on the market, nor put into service, nor used in the Union. This is the case for example of an operator established in the Union that contracts certain services to an operator established outside the Union in relation to an activity to be performed by an AI system that would qualify as high-risk and whose effects impact natural persons located in the Union. In those circumstances, the AI system used by the operator outside the Union could process data lawfully collected in and transferred from the Union, and provide to the contracting operator in the Union the output of that AI system resulting from that processing, without that AI system being placed on the market, put into service or used in the Union. To prevent the circumvention of this Regulation and to ensure an effective protection of natural persons located in the Union, this Regulation should also apply to providers and users of AI systems that are established in a third country, to the extent the output produced by those systems is used in the Union. Nonetheless, to take into account existing arrangements and special needs for cooperation with foreign partners with whom information and evidence is exchanged, this Regulation should not apply to public authorities of a third country and international organisations when acting in the framework of international agreements concluded at national or European level for law enforcement and judicial cooperation with the Union or with its Member States. Such agreements have been concluded bilaterally between Member States and third countries or between the European Union, Europol and other EU agencies and third countries and international organisations or it affects natural persons within the Union.
Amendment 395 #
2021/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should also apply to Union institutions, offices, bodies and agencies when acting as a provider or user of an AI system. AI systems exclusively developed or used for military purposes should be excluded from the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V of the Treaty on the European Union (TEU). This Regulation should be without prejudice to the provisions regarding the liability of intermediary service providers set out in Directive 2000/31/EC of the European Parliament and of the Council [as amended by the Digital Services Act].
Amendment 401 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Providers of high-risk AI systems that utilise data collected and/or managed by third parties may rely on representations from those third parties with regard to quality criteria referred to in paragraph 2, points (a), (b) and (c).
Amendment 402 #
2021/0106(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) AI systems developed or used exclusively for military purposes should be excluded from the scope of this Regulation where that use falls under the exclusive remit of the Common Foreign and Security Policy regulated under Title V TEU. However, AI systems which are developed or used for military purposes but can also be used for civil purposes, falling under the definition of “dual use items” pursuant to Regulation (EU) 2021/821 of the European Parliament and of the Council1ashould fall into the scope of this Regulation. _________________ 1a Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206 11.6.2021, p. 1).
Amendment 405 #
2021/0106(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) This Regulation should not affect the provisions aimed at improving working conditions in platform work set out in Directive 2021/762/EC.
Amendment 409 #
2021/0106(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, the environment and the Union values enshrined in Article 2 TEU, common normative standards for all high- risk AI systems should be established. Those standards should be consistent with the Charter of fundamental rights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments.
Amendment 414 #
2021/0106(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to introduce a proportionate and effective set of binding rules for AI systems, a clearly defined risk- based approach should be followed. That approach should tailor the type and content of such rules to the intensity and scope of the risks that AI systems can generate. It is therefore necessary to prohibit certain unacceptable artificial intelligence practices, to lay down requirements for high-risk AI systems and obligations for the relevant operators, and to lay down transparency obligations for certain AI systems.
Amendment 421 #
2021/0106(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
Amendment 423 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be, to the best extent possible, relevant, representative, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
Amendment 427 #
2021/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the effect or likely effect of distorting human behaviour, whereby material or non-material harm, including physical or, psychological or economic harms are likely to occur, should be forbidden. This limitation should be understood to include neuro-technologies assisted by AI systems that are used to monitor, use, or influence neural data gathered through brain- computer interfaces. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention toeffect of materially distorting the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
Amendment 433 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by private or public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. They may violate the right to dignity and non- discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. Such AI systems should be therefore prohibited.
Amendment 436 #
2021/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. They may violate the right to dignity and non- discrimination and the values of equality and justice. Such AI systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. The social score obtained from such AI systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts, which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. Such AI systems should be therefore prohibited.
Amendment 440 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to make predictions, profiles or risk assessments based on data analysis or profiling of natural groups or locations, for the purpose of predicting the occurrence or reoccurrence of an actual or potential criminal offence(s) or other criminalised social behaviour, hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
Amendment 442 #
2021/0106(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to predict the probability of a natural person to offend or to reoffend, based on profiling and individual or place-based risk-assessment hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
Amendment 447 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly or privately accessible spaces, as well as online spaces, for the purpose of law enforcement is considered particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use ofTechnical inaccuracies of AI systems intended for the remote biometric identification of natural persons can lead to biased results and entail discriminatory effects. This is particularly relevant when it comes to age, ethnicity, sex or disabilities. In addition, whether such systems operatingare used in ‘'real- time’ carry' or post factum, there is little difference on the impact and the heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activities. The placing or making available on the market, the putting into service or use of those systems should therefore be prohibited.
Amendment 448 #
2021/0106(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly or privately accessible spaces for the purpose of law enforcement is consideredis particularly intrusive in the rights and freedoms of the concerned persons, to the extent that it may affect the private life of a large part of the population, evoke a feeling of constant surveillance and indirectly dissuade the exercise of the freedom of assembly and other fundamental rights. In addition, the immediacy of the impact and the limited opportunities for further checks or corrections in relation to the use of such systems operating in ‘real-time’ carry heightened risks for the rights and freedoms of the persons that are concerned by law enforcement activitiesSuch systems should therefore be prohibited.
Amendment 456 #
2021/0106(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Despite progress regarding biometric identification technologies, the accuracy of the results still varies across technologies and depends on contextual factors. Even the relatively well- established fingerprint identification applications face challenges, in particular at the stage of the collection of biometric data (related to, for example, subject's age). The reliability of face recognition technologies in 'real world' settings is highly dependent on the quality of the images captured and on the quality of the algorithms used for biometric matching. During enrolment, poor quality images taken at e-gates or through a CCTV camera under variable environmental conditions may result in less accurate results. As in the case of automated fingerprint identification, changes in a person's physical characteristics over time may also affect the accuracy of facial recognition technologies. Research has found a considerable degradation in performance for face recognition algorithms on children as compared to the performance obtained on adults. In light of this, the placing or making available on the market, the putting into service or use of remote biometric identification systems should be prohibited.
Amendment 460 #
2021/0106(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18 b) There are serious concerns about the scientific basis of AI systems aiming to detect emotions from facial expressions. Facial expressions and perceptions thereof vary considerably across cultures and situations, and even within a single person. Among the key shortcomings of such technologies are the limited reliability (emotion categories are neither reliably expressed through, nor unequivocally associated with, a common set of facial movements), the lack of specificity (facial expressions do not perfectly match emotion categories) and the limited generalisability (the effects of context and culture are not sufficiently considered). Reliability issues may also arise when deploying the system in real- life situations, for example, when dealing with subjects who actively seek (and train themselves) to fool the system. Therefore, the placing on the market, putting into service, or use of AI systems intended to be used as polygraphs and similar tools to detect the emotional state, trustworthiness or related characteristics of a natural person, should be prohibited.
Amendment 461 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Providers of High-risk AI systems shall btake appropriate technical and organizational measures to ensure that high-risk AI systems are resilient as regards to errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systemconsistent with industry best practices.
Amendment 463 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 466 #
2021/0106(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 472 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 475 #
2021/0106(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 482 #
2021/0106(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 491 #
2021/0106(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 493 #
2021/0106(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 496 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Jurisdiction and territoriality Providers as defined in point 2 of Article 3 and within the meaning of Article 28, paragraph 1, shall be deemed to be under the jurisdiction of the Member State in which they have their main establishment in the Union.
Amendment 500 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 501 #
2021/0106(COD)
Proposal for a regulation
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. Where a competent authority of a Member State requires obtaining an EU declaration of conformity of a provider which has its main establishment in another Member State, that request shall be made through the competent authority of the Member State where the provider has its main establishment. The information shall be transmitted by the provider in an official language of the Member State where it has its main establishment. The Commission is empowered to adopt delegated acts in accordance with this paragraph to further define the modalities for issuing and handling such requests.
Amendment 501 #
2021/0106(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 509 #
2021/0106(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 510 #
2021/0106(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Any processing of biometric data and other personal data involved in the use of AI systems for biometric identification, other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this Regulation, including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement, should continue to comply with all requirements resulting from Article 9(1) of Regulation (EU) 2016/679, Article 10(1) of Regulation (EU) 2018/1725 and Article 10 of Directive (EU) 2016/680, as applicable.
Amendment 516 #
2021/0106(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In accordance with Article 6a of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, as annexed to the TEU and to the TFEU, Ireland is not bound by the rules laid down in Article 5(1), point (d), (2) and (3) of this Regulation adopted on the basis of Article 16 of the TFEU which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU, where Ireland is not bound by the rules governing the forms of judicial cooperation in criminal matters or police cooperation which require compliance with the provisions laid down on the basis of Article 16 of the TFEU.
Amendment 517 #
2021/0106(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Articles 2 and 2a of Protocol No 22 on the position of Denmark, annexed to the TEU and TFEU, Denmark is not bound by rules laid down in Article 5(1), point (d), (2) and (3) of this Regulation adopted on the basis of Article 16 of the TFEU, or subject to their application, which relate to the processing of personal data by the Member States when carrying out activities falling within the scope of Chapter 4 or Chapter 5 of Title V of Part Three of the TFEU.
Amendment 518 #
2021/0106(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) AI systems capable of reading facial expressions to infer emotional states hold no scientific basis, while at the same time running a high risk of inaccuracy, in particular for certain groups of individuals whose facial traits are not easily readable by such systems, as several examples have shown. Therefore, due to the particular risk of discrimination, these systems should be prohibited.
Amendment 519 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The provider shall draw up a written EU declaration of conformity for each AI system and keep it at the disposal of the national competent authorities for 10 years after the AI system has been placed on the market or put into service. The EU declaration of conformity shall identify the AI system for which it has been drawn up. A copy of the EU declaration of conformity shall be given to the relevant national competent authorities upony in the Member State of main establishment of the provider, upon the competent authority’s request.
Amendment 521 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The EU declaration of conformity shall state that the high-risk AI system in question meets the requirements set out in Chapter 2 of this Title. The EU declaration of conformity shall contain the information set out in Annex V and shall be translapresented into an official Union language or languages required byf the Member State(s) in which the provider of the high-risk AI system is made availablehas its main establishment.
Amendment 524 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law and do not breach the Union values enshrined in Article 2 TEU or the principles applicable to all AI systems as per this Regulation. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and fundamental rights of persons in the Union, their health and safety and such limitation minimises any potential restriction to international trade, if any.
Amendment 525 #
2021/0106(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service or used if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law and do not contravene the Union values enshrined in Article 2 TEU. AI systems identified as high-risk should be limited to those that have a significant harmful impact on the health, safety and the fundamental rights of persons in the Union or the environment and such limitation minimises any potential restriction to international trade, if any.
Amendment 543 #
2021/0106(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
Amendment 544 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 545 #
2021/0106(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 559 #
2021/0106(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) AI systems used in education or vocational training, notably for determining access or assigning persons to educational and vocational training institutions or to evaluate or monitor persons on tests as part of or as a precondition for their education should be considered high-risk, since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. When improperly designed and used, such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination.
Amendment 569 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providers for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 577 #
2021/0106(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) Given the speed at which AI applications are being developed around the world, it is not feasible to compile an exhaustive listing of applications that should be prohibited or considered high- risk. What is needed is a clear and coherent governance model guaranteeing both the fundamental rights of individuals and legal clarity for operators, considering the continuous evolution of technology. Nevertheless, given the role and responsibility of police and judicial authorities, and the impact of decisions they take for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, the use of AI applications has to be categorised as high-risk in instances where there is the potential to significantly affect the lives of individuals.
Amendment 579 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its performance, including its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
Amendment 581 #
2021/0106(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offenceon their behalf to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
Amendment 585 #
2021/0106(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) The use of AI tools by law enforcement and judicial authorities should not become a factor of inequality, social fracture or exclusion. The impact of the use of AI tools on the defence rights of suspects should not be ignored, notably the difficulty in obtaining meaningful information on their functioning and the consequent difficulty in challenging their results in court, in particular by individuals under investigation.
Amendment 587 #
2021/0106(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) AI systems used in migration, asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The accuracy, non-discriminatory nature and transparency of the AI systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons, notably their rights to free movement, non- discrimination, protection of private life and personal data, international protection and good administration. It is therefore appropriate to classify as high-risk AI systems intended to be used by the competent public authorities charged with tasks in the fields of migration, asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a Member State or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. AI systems in the area of migration, asylum and border control management covered by this Regulation should comply with the relevant procedural requirements set by the Directive 2013/32/EU of the European Parliament and of the Council49 , the Regulation (EC) No 810/2009 of the European Parliament and of the Council50 and other relevant legislation. _________________ 49 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
Amendment 588 #
2021/0106(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) AI systems used in migration, asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The accuracy, non-discriminatory nature and transparency of the AI systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons, notably their rights to free movement, non- discrimination, protection of private life and personal data, international protection and good administration. It is therefore appropriate to classify as high-risk AI systems intended to be used by the competent public authorities charged with tasks in the fields of migration, asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a Member State or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status.; for verifying the authenticity of the relevant documents of natural persons; AI systems in the area of migration, asylum and border control management covered by this Regulation should comply with the relevant procedural requirements set by the Directive 2013/32/EU of the European Parliament and of the Council49 , the Regulation (EC) No 810/2009 of the European Parliament and of the Council50 and other relevant legislation. _________________ 49 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 50 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
Amendment 601 #
2021/0106(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) Certain AI systems should at the same time be subject to transparency requirements and be classified as high- risk AI systems, given their potential to deceive and cause both individual and societal harm. In particular, AI systems that generate deep fakes representing existing persons have the potential to both manipulate the natural persons that are exposed to those deep fakes and harm the persons they are representing or misrepresenting, while AI systems that, based on limited human input, generate complex text such as news articles, opinion articles, novels, scripts and scientific articles have the potential to manipulate, to deceive, or to expose natural persons to built-in biases or inaccuracies. These should not include AI systems intended to translate text, or cases where the content forms part of an evidently artistic, creative or fictional cinematographic and analogous work.
Amendment 608 #
2021/0106(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The fact that an AI system is classified as high risk under this Regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should not be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant.
Amendment 609 #
2021/0106(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The fact that an AI system is classified as high risk under this Regulation should not be interpreted as indicating that the use of the system is necessarily lawful under other acts of Union law or under national law compatible with Union law, such as on the protection of personal data, on the use of polygraphs and similar tools or other systems to detect the emotional state of natural persons. Any such use should continue to occur solely in accordance with the applicable requirements resulting from the Charter and from the applicable acts of secondary Union law and national law. This Regulation should not be understood as providing for the legal ground for processing of personal data, including special categories of personal data, where relevant.
Amendment 617 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Access to data and documentation in the context of their activities, the market surveillance authorities shall be granted full access to the training, validation and testing datasets used by the provider, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
Amendment 618 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authorities shall be granted access to the source code, of the AI systemr if impossible, all related data sets used to train or place the AI system on the market.
Amendment 619 #
2021/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality of data sets used, technical documentation and record-keeping, transparency and the provision of information to users, human oversight, and robustness, accuracy and cybersecurity. Those requirements are necessary to effectively mitigate the risks for health, safety and, fundamental rights, the environment and the Union values enshrined in Article 2 TEU, as applicable in the light of the intended purpose or reasonably foreseeable use of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
Amendment 629 #
2021/0106(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) High data quality is essential for the performance of many AI systems, especially when techniques involving the training of models are used, with a view to ensure that the high-risk AI system performs as intended and safely and it does not become the source of discrimination prohibited by Union law. High quality training, validation and testing data sets require the implementation of appropriate data governance and management practices. Training datasets, and where applicable, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete in view of the intended purpose of the system, including the labels, shall be relevant, representative, up-to-date, and to the best extent possible, free of errors and complete. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on which the high-risk AI system is intended to be used. In particular, training, validation and testing data sets should take into account, to the extent required in the light of their intended purpoby the intended purpose, the foreseeable uses and reasonably foreseeable misuses of AI systems with indeterminate uses, the features, characteristics or elements that are particular to the specific geographical, behavioural or functional setting or context within which the AI system is intended to be used. In order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers shouldbe able to process also special categories of personal data, as a matter of substantial public interest, in order to ensure the bias monitoring, detection and correction in relation to high-risk AI systems.
Amendment 630 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changesubstantial modifications as defined in Article 3(23) in their design or intended purpose.
Amendment 631 #
2021/0106(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44 a) Biases can be inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings. Any result provided by an AI system is necessarily influenced by the quality of the data used, and such inherent biases are inclined to gradually increase and thereby perpetuate and amplify existing discrimination, in particular for persons belonging to certain ethnic groups or racialised communities.
Amendment 638 #
2021/0106(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47 a) It is vital to ensure that the development, deployment and use of AI systems for the judiciary and law enforcement comply with fundamental rights, and are trusted by citizens, as well as in order to ensure that results generated by AI algorithms can be rendered intelligible to users and to those subject to these systems, and that there is transparency on the source data and how the system arrived at a certain conclusion. To this aim, law enforcement or judiciary authorities in the Union should use only such AI systems whose algorithms and logic are auditable and accessible at least to the police and the judiciary, as well as independent auditors, to allow for their evaluation, auditing and vetting, and such systems should not be closed or labelled as proprietary by the vendors.
Amendment 644 #
2021/0106(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
Amendment 661 #
2021/0106(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) To enable enforcement of this Regulation and create a level-playing field for operators, and taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Unionplacing any AI system on the Union market, putting it into service or using it, where an importer cannot be identified, provideoperators established outside the Union shallould, by written mandate, appoint an authorised representative established in the Union. legal representative established in the Union. The legal representative should act on behalf of the operator and may be addressed by any competent authorities for the purpose of this Regulation. The designation of such a legal representative does not affect the responsibility or liability of the operator under this Regulation. Such a legal representative should perform its tasks according to the mandate received from the operator, including cooperating with the national supervisory authorities with regard to any action taken to ensure compliance with this Regulation. The designated legal representative should be subject to enforcement proceedings in the event of non-compliance by the operator.
Amendment 666 #
2021/0106(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) Whilst risks related to AI systems can generate from the way such systems are designed, risks can as well stem from how such AI systems are used. Users of high-risk AI system therefore play a critical role in ensuring that fundamental rights are protected, complementing the obligations of the provider when developing the AI system. Users are best placed to understand how the high-risk AI system will be used concretely and can therefore identify potential risks that were not foreseen in the development phase, thanks to a more precise knowledge of the context of use, the people or groups of people likely to be affected, including marginalised and vulnerable groups. In order to efficiently ensure that fundamental rights are protected, the user of high-risk AI systems should therefore carry out a fundamental rights impact assessment on how it intends to use such AI systems, and prior to putting it into use. The impact assessment should be accompanied by a detailed plan describing the measures or tools that will help mitigating the risks to fundamental rights identified. When performing this impact assessment, the user should notify the national supervisory authority, the market surveillance authority as well as relevant stakeholders. It should also involve representatives of groups of persons likely to be affected by the AI system in order to collect relevant information which is deemed necessary to perform the impact assessment.
Amendment 668 #
2021/0106(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
Amendment 681 #
2021/0106(COD)
Proposal for a regulation
Recital 64
Recital 64
Amendment 689 #
2021/0106(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to carry out third-party conformity assessment for AI systems intended to be used for the remote biometric identification of personsany of the use- cases listed in Annex III, notified bodies should be designated under this Regulation by the national competent authorities, provided they are compliant with a set of requirements, notably on independence, competence and absence of conflicts of interests.
Amendment 701 #
2021/0106(COD)
Proposal for a regulation
Recital 68
Recital 68
Amendment 704 #
2021/0106(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) In order to facilitate the work of the Commission and the Member States in the artificial intelligence field as well as to increase the transparency towards the public, both providers and users of high- risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legislation, should be required to register their high-risk AI system in a EU database, to be established and managed by the Commission. Users who are public authorities or European Union institutions, bodies, offices and agencies or users acting on their behalf should also register in the EU database before putting into service or using any AI system. The Commission should be the controller of that database, in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council55 . In order to ensure the full functionality of the database, when deployed, the procedure for setting the database should include the elaboration of functional specifications by the Commission and an independent audit report. _________________ 55 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 712 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 714 #
2021/0106(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
Amendment 722 #
2021/0106(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight and a safe space for experimentation, while ensuring responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that safeguards fundamental rights and is innovation-friendly, future-proof and resilient to disruption, national competentsupervisory authorities from one or more Member States should be encouraged tocould establish artificial intelligence regulatory sandboxes to facilitate the development and testing of innovative AI systems under strict regulatory oversight before these systems are placed on the market or otherwise put into service.
Amendment 726 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competent authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start-ups. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. This Regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, in line with Article 6(4) of Regulation (EU) 2016/679, and Article 6 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) of Directive (EU) 2016/680. Participants in the sandbox should ensure appropriate safeguards and cooperate with the competent authorities, including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. The conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680.
Amendment 727 #
2021/0106(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation, while safeguarding fundamental rights and the values enshrined in Article 2 TFEU, by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring compliance of the innovative AI systems with this Regulation and other relevant Union and Member States legislation; to enhance legal certainty for innovators and the competentnational supervisory authorities’ oversight and understanding of the opportunities, emerging risks and the impacts of AI use, and to accelerate access to markets, including by removing barriers for small and medium enterprises (SMEs) and start- ups. To ensure uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation and a framework for cooperation between the relevant authorities involved in the supervision of the sandboxes. This Regulation should provide the legal basis for the use of personal data collected for other purposes for developing certain AI systems in the public interest within the AI regulatory sandbox, in line with Article 6(4) of Regulation (EU) 2016/679, and Article 6 of Regulation (EU) 2018/1725, and without prejudice to Article 4(2) of Directive (EU) 2016/680national supervisory authorities involved in the supervision of the sandboxes. Participants in the sandbox should ensure appropriate safeguards and cooperate with the competentnational supervisory authorities, including by following their guidance and acting expeditiously and in good faith to mitigate any high-risks to safety and fundamental rights that may arise during the development and experimentation in the sandbox. The conduct of the participants in the sandbox should be taken into account when competent authorities decide whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680.
Amendment 728 #
2021/0106(COD)
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72 a) To ensure that Artificial Intelligence leads to socially and environmentally beneficial outcomes, Member States should support and promote research and development of AI in support of socially and environmentally beneficial outcomes by allocating sufficient resources, including public and Union funding, and giving priority access to regulatory sandboxes to projects led by civil society. Such projects should be based on the principle of interdisciplinary cooperation between AI developers, experts on inequality and non- discrimination, accessibility, consumer, environmental, and digital rights, as well as academics.
Amendment 738 #
2021/0106(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In order to facilitate a smooth, effective and harmconsisedtent implementation of this Regulation an independent European Artificial Intelligence Board should be established. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission on specific questions related to artificial intelligence, including on possible amendments of the annexes, in particular the annex listing high-risk AI systems. To contribute to the effective and harmonised enforcement of this Regulation, the Board should also be able to adopt binding decisions for the settlement of cases involving two or more Member States in which the national supervisory authorities are in disagreement or when it is not clear who the lead national supervisory authority is. The Board should also be able to adopt a binding decision in those cases when a national supervisory authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the compliance with obligations under Union or national law intended to protect fundamental rights, the principles of Article 4a, the values as enshrined in Article 2 TEU, the environment, or to other aspects of public interest protection.
Amendment 745 #
2021/0106(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) Each Member States should a key role in the application and enforcement of this Regulation. In this respect, each Member State should designate one or more national competent authorities for the purpose of supervising the application andestablish or designate a single national supervisory authority to act as the lead authority and be responsible for ensuring the effective coordination between the national competent authorities regarding the implementation of this Regulation. In order to inct should also reprease organisation efficiency on the side of Member States and to set an official point of contact vis-à-vis the public and other counterparts at Member Stant its Member State on the Board. Each national supervisory authority should act with complete aind Union levels, in each Member State one national authority should be designated as national supervisory authorityependence in performing its tasks and exercising its powers in accordance with this Regulation.
Amendment 746 #
2021/0106(COD)
Proposal for a regulation
Recital 77 a (new)
Recital 77 a (new)
(77 a) The national supervisory authorities should monitor the application of the provisions pursuant to this Regulation and contribute to its consistent application throughout the Union. For that purpose, the national supervisory authorities should cooperate with each other, with the market surveillance authorities and with the Commission, without the need for any agreement between Member States on the provision of mutual assistance or on such cooperation.
Amendment 756 #
2021/0106(COD)
Proposal for a regulation
Recital 80 a (new)
Recital 80 a (new)
(80 a) Where the national market surveillance authority has not taken measures against an infringement to this Regulation, the Commission should be in possession of all the necessary resources, in terms of staffing, expertise, and financial means, for the performance of its tasks instead of the national market surveillance authority under this Regulation. In order to ensure the availability of the resources necessary for the adequate investigation and enforcement measures that the Commission could undertake under this Regulation, the Commission should charge fees on national market surveillance authorities, the level of which should be established on a case-by-case basis. The overall amount of fees charged should be established on the basis of the overall amount of the costs incurred by the Commission to exercise its investigation and enforcement powers under this Regulation. Such an amount should include costs relating to the exercise of the specific powers and tasks connected to Chapter 4 of Title VIII of this Regulation. The external assigned revenues resulting from the fees could be used to finance additional human resources, such as contractual agents and seconded national experts, and other expenditure related to the fulfilment of these tasks entrusted to the Commission by this Regulation.
Amendment 764 #
2021/0106(COD)
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84 a) In order to strengthen and harmonise administrative penalties for infringements of this Regulation, each national supervisory authority should have the power to impose administrative fines. This Regulation should indicate infringements and the upper limit for setting the related administrative fines, which should be determined by the national supervisory authority in each individual case, taking into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this Regulation and to prevent or mitigate the consequences of the infringement.
Amendment 765 #
2021/0106(COD)
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84 a) An affected person should also have the right to mandate a not-for-profit body, organisation or association that has been properly constituted in accordance with the law of a Member State, to lodge the complaint on their behalf. To this end, Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers should be amended to include this Regulation among the provisions of Union law falling under its scope.
Amendment 767 #
2021/0106(COD)
Proposal for a regulation
Recital 84 b (new)
Recital 84 b (new)
(84 b) Natural persons, affected by an AI system falling within the scope of this Regulation, should have the right to lodge a complaint against the providers or users of such AI system with a national supervisory authority, if they consider that their fundamental rights, health or safety have been breached. An affected person should also have the right to mandate a not-for-profit body, organisation or association that has been properly constituted in accordance with the law of a Member State, to lodge the complaint on their behalf.
Amendment 772 #
2021/0106(COD)
Proposal for a regulation
Recital 85
Recital 85
(85) In order to ensure that the regulatory framework can be adapted where necessary, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend the techniques and approaches referred to in Annex I to define AI systems, the Union harmonisation legislation listed in Annex II, the high-risk AI systems listed in Annex III, the provisions regarding technical documentation listed in Annex IV, the content of the EU declaration of conformity in Annex V, and the provisions regarding the conformity assessment procedures in Annex VI and VII and the provisions establishing the high-risk AI systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. 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-Making58 . 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. _________________ 58 OJ L 123, 12.5.2016, p. 1.
Amendment 780 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1 The purpose of this Regulation is to ensure a high level of protection of health, safety, fundamental rights, the environment and the Union values enshrined in Article 2 TEU from harmful effects of artificial intelligence systems in the Union while promoting innovation.
Amendment 784 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
The purpose of this Regulation is to ensure a high level of protection of fundamental rights, health, safety and the environment from harmful effects of the use of artificial intelligence systems in the Union while enhancing innovation. This Regulation lays down:
Amendment 789 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) harmonised rules for the development, placing on the market, the putting into service and the use of artificial intelligence systems (‘AI systems’) in the Union;
Amendment 790 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) principles applicable to all AI systems;
Amendment 792 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) harmonised rules on high-risk AI systems to ensure a high level of trustworthiness and protection of fundamental rights, health and safety, the Union values enshrined in Article 2 TEU and the environment;
Amendment 793 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) harmonised rules on high-risk AI systems to ensure a high level of trustworthiness and protection of fundamental rights, health and safety
Amendment 794 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) harmonised transparency rules for AI systems intended to interact with natural persons, emotion recognition systems and biometric categorisation systems, and AI systems used to generate or manipulate image, audio or video content;
Amendment 811 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Regulation shall be applied taking due account of the precautionary principle.
Amendment 816 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) provideoperators placing on the market or putting into service AI systems in the Union, irrespective of whether those provideoperators are established within the Union or in a third country;
Amendment 821 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) users of AI systems that are located within the Union;
Amendment 825 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) providers and users of AI systems that are located in a third country, where the output produced by the system is used in the Union or affects natural persons within the Union;
Amendment 831 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) natural persons, affected by the use of an AI system, who are in the Union;
Amendment 832 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) natural persons, affected by the use of an AI system, who are in the Union;
Amendment 835 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(c b) providers placing on the market or putting into service AI systems outside the Union where the provider is located within the Union;
Amendment 838 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. providers placing on the market or putting into service AI systems in a third country where the provider or distributor of such AI systems originates from the Union;
Amendment 840 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Regulation shall apply to Union institutions, offices, bodies and agencies when acting as an operator of an AI system.
Amendment 867 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems developed or used exclusively for military purposes. However, this Regulation shall apply to AI systems which are developed or used as dual-use items, as defined in Article 2, point (1) of Regulation (EU) 2021/821 of the European Parliament and of the Council1a. _________________ 1a Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (OJ L 206, 11.6.2021, p. 1).
Amendment 872 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. Union law on the protection of personal data, privacy and the confidentiality of communications applies to personal data processed in connection with the rights and obligations laid down in this Regulation. This Regulation shall not affect Regulations (EU) 2016/679, (EU) 2018/1725 or Directives 2002/58/EC and (EU) 2016/680.
Amendment 876 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
Amendment 878 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 882 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 890 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not affect community law on social policy.
Amendment 891 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5 b. This Regulation shall not affect national labour law and practice or collective agreements, and it shall not preclude national legislation to ensure the protection of workers’ rights in respect of the use of AI systems by employers, including where this implies introducing more stringent obligations than those laid down in this Regulation.
Amendment 897 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5 c. This Regulation is without prejudice to the rules laid down by other Union legal acts regulating other aspects of AI systems as well as the national rules aimed at enforcing or, as the case may be, implementing these acts, in particular Union law on consumer protection and product safety, including Regulation (EU)2017/2394, Regulation (EU) 2019/1020, Directive 2001/95/EC on general product safety and Directive 2013/11/EU.
Amendment 920 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that is developed with can perceive, learn, reasone or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,del based on machine and/or human based inputs, to generate outputs such as content, hypotheses, predictions, recommendations, or decisions influencing the real or virtual environments they interact with;
Amendment 921 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘'artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listcan for example perceive, learn, reason or model based ion Annex I and can, for a given set of human-defined objectives,machine and/or human based inputs, to generate outputs such as content, hypotheses, predictions, recommendations, or decisions influencing the real or virtual environments they interact with;
Amendment 953 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘authorisedlegal representative’ means any natural or legal person established in the Union who has received a written mandate from a provider of an AI system to, respectively, perform and carry out on its behalf any of the obligations and procedures established by this Regulation;
Amendment 959 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘operator’ means the provider, the user, the authorisedlegal representative, the importer and the distributor;
Amendment 960 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8 a) ‘affected person’ means any natural person or a group of persons who are subjects to or affected by an AI system
Amendment 961 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8 a) ‘affected person’ means any natural person or group of persons who are subject to or affected by an AI system;
Amendment 978 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘reasonably foreseeable misuse’ means the use of an AI system in a way that is not in accordance with its intended purpose, but which may result from reasonably foreseeable human behaviour or interaction with other systems, and with other AI systems;
Amendment 983 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety or security function for that product or system or the failure or malfunctioning of which endangers the fundamental rights, health andor safety of persons, or propertywhich damages property or the environment;
Amendment 984 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘safety component of a product or system’ means a component of a product or of a system which fulfils a safety or security function for that product or system or the failure or malfunctioning of which endangers the health and, safety of persons or property, fundamental rights of persons or which damages property, or the environment;
Amendment 999 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 20
Article 3 – paragraph 1 – point 20
(20) ‘conformity assessment’ means the process of verifydemonstrating whether the requirements set out in Title III, Chapter 2 of this Regulation relating to an AI system have been fulfilled;
Amendment 1019 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘validation data’ means data used for providing an evaluation of the trained AI system and for tuning its non-learnable parameters and its learning process, among other things, in order to prevent underfitting or overfitting; whereas the validation dataset can beis a separate dataset or part of the training dataset, either as a fixed or variable split;
Amendment 1022 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33
Article 3 – paragraph 1 – point 33
(33) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic dataas defined in Article 4, point (14) of Regulation (EU) 2016/679;
Amendment 1029 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33 a (new)
Article 3 – paragraph 1 – point 33 a (new)
(33 a) “special categories of personal data” means the categories of personal data referred to in Article 9(1) of Regulation (EU)2016/679;
Amendment 1030 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 33 b (new)
Article 3 – paragraph 1 – point 33 b (new)
(33 b) ‘biometric identification’ means the use of AI-systems for the purpose of the automated recognition of physical, physiological, behavioural, and psychological human features such as the face, eye movement, facial expressions, body shape, voice, speech, gait, posture, heart rate, blood pressure, odour, keystrokes, psychological reactions (anger, distress, grief, etc.) for the purpose of verification of an individual’s identity by comparing biometric data of that individual to stored biometric data of individuals in a database (one-to-many identification);
Amendment 1036 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 34
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions or intentions of natural personthoughts, states of mind or intentions of individuals or groups on the basis of their biometric and biometric-based data;
Amendment 1039 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as gender, sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, on the basis of their biometric data; social origin, health, mental or physical ability, behavioural or personality traits, language, religion, or membership of a national minority, or sexual or political orientation, on the basis of their biometric or biometric-based data, or which can be reasonably inferred from such data.
Amendment 1040 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 35
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as gender, sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, on the basis of their biometric social origin, health, mental or physical ability,behavioural or personality traits, language, religion, or membership of a national minority, or sexual or political orientation, on the basis of their biometric or biometric-based data, or which can be reasonably inferred from such data;
Amendment 1057 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified ;
Amendment 1076 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 41
Article 3 – paragraph 1 – point 41
(41) ‘law enforcement’ means activities carried out by law enforcement authorities solely for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
Amendment 1077 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 42
Article 3 – paragraph 1 – point 42
(42) ‘national supervisory authority’ means thean independent public authority to which a Member State assigns the responsibility for the implementation and application of this Regulation, for coordinating the activities entrusted to that Member State, for acting as the single contact point for the Commission, and for representing the Member State at the European Artificial Intelligence Board;
Amendment 1080 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
(43) ‘national competent authority’ means the national supervisory authority, the notifying authority and the market surveillance authority;
Amendment 1089 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point a
Article 3 – paragraph 1 – point 44 – point a
(a) the death of a person or serious damage to a person’s health, to property or the environment,
Amendment 1095 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b a (new)
Article 3 – paragraph 1 – point 44 – point b a (new)
(b a) a breach of obligations under Union law intended to protect fundamental rights;
Amendment 1098 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘AI systems presenting a risk’ means an AI system having the potential to affect adversely fundamental rights, health and safety of persons in general, including in the workplace, protection of consumers, the environment, public security, the values enshrined in Article 2 TEU and other public interests, that are protected by the applicable Union harmonisation legislation, to a degree which goes beyond that considered reasonable and acceptable in relation to its intended purpose or under the normal or reasonably foreseeable conditions of use of the system concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements.
Amendment 1107 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44 a) 'near miss' means any incident that, if the circumstances were slightly different, would have resulted in a 'serious incident';
Amendment 1112 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘artificial intelligence system with indeterminate uses’ means an artificial intelligence system without specific and limited provider-defined purposes;
Amendment 1114 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘child’ means any person below the age of 18 years.
Amendment 1117 #
2021/0106(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 44 c (new)
Article 3 – paragraph 1 – point 44 c (new)
(44 c) ‘profiling’ means any form of automated processing of personal data as defined point (4) of Article 4 of Regulation (EU) 2016/679;
Amendment 1131 #
2021/0106(COD)
Proposal for a regulation
Article 4
Article 4
Amendments to Annex I The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.rticle 4 deleted
Amendment 1132 #
2021/0106(COD)
Proposal for a regulation
Article 4
Article 4
Amendments to Annex I The Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the list of techniques and approaches listed in Annex I, in order to update that list to market and technological developments on the basis of characteristics that are similar to the techniques and approaches listed therein.rticle 4 deleted
Amendment 1143 #
2021/0106(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 1145 #
2021/0106(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 1148 #
2021/0106(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Amendment 1151 #
2021/0106(COD)
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Amendment 1153 #
2021/0106(COD)
Proposal for a regulation
Article 4 c (new)
Article 4 c (new)
Article 4 c Right to receive an explanation of individual decision-making 1. A decision which is taken by the user on the basis of the output from an AI system and which produces legal effects on an affected person, or which similarly significantly affects that person, shall be accompanied by a meaningful explanation of (a) the role of the AI system in the decision-making process; (b) the logic involved, the main parameters of the decision-making, and their relative weight; and (c) the input data relating to the affected person and each of the main parameters on the basis of which the decision was made. For information on input data under point c) to be meaningful, it must include an easily understandable description of inferences drawn from other data, if it is the inference that relates to the main parameter. 2. For the purpose of Paragraph 1, it shall be prohibited for the law enforcement authorities or the judiciary in the Union to use AI systems that are considered closed or labelled as proprietary by the providers or the distributors; 3. The explanation within the meaning of paragraph 1 shall be provided at the time when the decision is communicated to the affected person.
Amendment 1154 #
2021/0106(COD)
Proposal for a regulation
Article 4 d (new)
Article 4 d (new)
Article 4 d Right not to be subject to non-compliant AI systems Natural persons shall have the right not to be subject to AI systems that: (a) pose an unacceptable risk pursuant to Article 5, or (b) otherwise do not comply with the requirements of this Regulation.
Amendment 1157 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviourtechniques with the effect or likely effect of materially distorting a person’s behaviour by appreciably impairing the persons’ ability to make an informed decision, thereby causing the person to take a decision that they would not have taken otherwise, in a manner that causes or is likely to cause that person or another person, or a group of persons material or non-material harm, including physical or, psychological or economic harm;
Amendment 1160 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviourtechniques with the effect or the likely effect of materially distorting the behaviour of a person by impairing their ability to make an autonomous decision, thereby causing them to take a decision that they would not have taken otherwise, in a manner that causes or is likely to cause that person or another persons material or non-material harm, including physical or, psychological or economic harm;
Amendment 1173 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques.
Amendment 1176 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities ofor may be reasonably foreseen to exploit vulnerabilities of children or characteristics of a person or a specific group of persons due to their age, physical or mental disability, in order togender, sexual orientation, ethnicity, race, origin, and religion or social or economic situation, with the effect or likely effect of materially distorting the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person material or non-material harm, including physical or, psychological or economic harm;
Amendment 1177 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the placing on the market, putting into service or use of an AI system that exploits any ofor may be reasonably foreseen to exploit the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order tosex, gender, sexual orientation, ethnic or social origin, race, religion or belief, or social or economic situation, with the effect or the likely effect of materially distorting the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another persons material or non-material harm, including physical or, psychological or economic harm;
Amendment 1191 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time basfor the scoring, evaluation or classification of natural persons or groups related ton their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:education, employment, housing, socioeconomic situation, health, reliability, social behaviour, location or movements;
Amendment 1201 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
Amendment 1202 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
Article 5 – paragraph 1 – point c – point i
Amendment 1212 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
Amendment 1217 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
Amendment 1222 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system for making individual or place-based risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of a natural person or on assessing personality traits and characteristics or past criminal behaviour of natural persons or groups of natural persons;
Amendment 1225 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service, or use of AI systems intended to be used as polygraphs and similar tools to detect the emotional state, trustworthiness or related characteristics of a natural person;
Amendment 1237 #
2021/0106(COD)
(d) the use of ‘real-time’ remote biometric identification systems in publicly or privately accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives:, both online and offline.
Amendment 1244 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectivplacing or making available on the market, the putting into service or use of remote biometric identification systems that are or maybe used in publicly or privately accessible spaces, as well as online spaces:;
Amendment 1246 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 1252 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
Article 5 – paragraph 1 – point d – point i
Amendment 1257 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 1265 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
Article 5 – paragraph 1 – point d – point ii
Amendment 1272 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1277 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
Article 5 – paragraph 1 – point d – point iii
Amendment 1288 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(d a) the creation or expansion of biometric databases through the untargeted or generalised scraping of biometric data from social media profiles or CCTV footage, or equivalent methods;
Amendment 1298 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
Article 5 – paragraph 1 – point d b (new)
(d b) the use of remote biometric categorisation systems in publicly accessible spaces;
Amendment 1300 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
Article 5 – paragraph 1 – point d c (new)
Amendment 1307 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
Article 5 – paragraph 1 – point d d (new)
(d d) the placing on the market, putting into service or use of an AI system for making predictions, profiles or risk assessments based on data analysis or profiling of natural persons, groups or locations, for the purpose of predicting the occurrence or reoccurrence of an actual or potential criminal offence(s) or other criminalised social behaviour;
Amendment 1316 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d e (new)
Article 5 – paragraph 1 – point d e (new)
(d e) the use of private facial recognition or other private biometric databases for the purpose of law enforcement;
Amendment 1319 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d f (new)
Article 5 – paragraph 1 – point d f (new)
(d f) the placing on the market, putting into service, or use of AI systems that are aimed at automating judicial or similarly intrusive binding decisions by state actors;
Amendment 1322 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d g (new)
Article 5 – paragraph 1 – point d g (new)
(d g) the placing on the market, putting into service or the use of AI systems by or on behalf of competent authorities in migration, asylum or border control management, to profile an individual or assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered the territory of a Member State, on the basis of personal or sensitive data, known or predicted, except for the sole purpose of identifying specific care and support needs;
Amendment 1328 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d h (new)
Article 5 – paragraph 1 – point d h (new)
(d h) the placing on the market, putting into service or the use of AI systems, by or on behalf of competent authorities in migration, asylum and border control management, to forecast or predict individual or collective movement for the purpose of, or in any way reasonably foreseeably leading to, the prohibiting, curtailing or preventing migration or border crossings;
Amendment 1332 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d i (new)
Article 5 – paragraph 1 – point d i (new)
(d i) the placing on the market, putting into service or the use of AI systems intended to assist competent authorities for the examination of application for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status;
Amendment 1350 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 1351 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 1368 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 1370 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 1380 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 – point 1 (new)
Article 5 – paragraph 3 – subparagraph 1 – point 1 (new)
(1) The placing on the market, putting into service or use of biometric categorisation systems, or other AI systems, that categorise natural persons or groups of persons according to sensitive or protected attributes or characteristics, or infer those attributes or characteristics. Sensitive attributes or characteristics include, but are not limited to: gender and gender identity, race, ethnic origin, migration or citizenship status, political orientation, sexual orientation, religion, disability or any other grounds on which discrimination is prohibited under Article 21 of the EU Charter of Fundamental Rights as well as under Article 9 of the Regulation (EU) 2016/679.
Amendment 1382 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 1386 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 1394 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. This Article shall not affect the restrictions, prohibitions or enforcement that apply where an artificial intelligence practice infringes another EU law, including EU acquis on data protection, privacy, or the confidentiality of communications, on non discrimination, consumer protection or on competition.
Amendment 1395 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. The placing on the market, putting into service or use of AI systems intended to be used as polygraphs, emotion recognition systems or similar tools to detect the emotional state, trustworthiness or related characteristics of a natural person.
Amendment 1398 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4 b. Member States may, by law or collective agreements, decide to prohibit or to limit the use of AI systems to ensure the protection of the rights of workers in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge obligations laid down by law or by collective agreements, management, planning and organization of work, equality and diversity at the workplace, health and safety at work, protection of employers or customers' property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 1399 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 c (new)
Article 5 – paragraph 4 c (new)
4 c. the placing on the market, putting into service or the use of AI systems by or on behalf of competent authorities in migration, asylum or border control management, to profile an individual or assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered the territory of a Member State, on the basis of personal or sensitive data, known or predicted, except for the sole purpose of identifying specific care and support needs;
Amendment 1400 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 d (new)
Article 5 – paragraph 4 d (new)
4 d. the placing on the market, putting into service or use of AI systems by competent authorities or on their behalf in migration, asylum and border control management, to forecast or predict individual or collective movement for the purpose of, or in any way reasonably foreseeably leading to, the prohibiting, curtailing or preventing migration or border crossings;
Amendment 1401 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 e (new)
Article 5 – paragraph 4 e (new)
4 e. the placing on the market, putting into service or the use of AI systems intended to assist competent authorities for the examination of application for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status;
Amendment 1402 #
2021/0106(COD)
Proposal for a regulation
Article 5 – paragraph 4 f (new)
Article 5 – paragraph 4 f (new)
4 f. the placing on the market, putting into service, or use of an AI system for the specific technical processing of brain or brain-generated data in order to access, infer, influence, or manipulate a person's thoughts, emotions, memories, intentions, beliefs, or other mental states against that person's will or in a manner that causes or is likely to cause that person or another person physical or psychological harm;
Amendment 1413 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. AI systems referred to in Annex III shall be considered high-risk for the purposes of this Regulation.
Amendment 1433 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 1447 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. An artificial intelligence system with indeterminate uses shall also be considered high risk if so identified per Article 9, paragraph 2, point (a).
Amendment 1452 #
2021/0106(COD)
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2 b. In addition to the high-risk AI systems referred to in paragraph 1 and paragraph 2, AI systems that create foreseeable high-risks when combined shall also be considered high-risk.
Amendment 1462 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by addingAnnex III, including by adding new areas of high-risk AI systems, where both of the following conditions are fulfilled: a type of AI system poses a risk of harm to the health and safety, a risk of adverse impact on fundamental rights, on climate change mitigation and adaptation, the environment, or a risk of contravention of the Union values enshrined in Article 2 TEU, and that risk is, in respect of its severity and probability of occurrence, equivalent to or greater than the risk of harm or of adverse impact posed by the high-risk AI systems in use in the areas listed in Annex III.
Amendment 1463 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update or amend the list in Annex III by adding areas of high-risk AI systems where both of the following conditions are fulfilled:the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on fundamental rights, a risk of breach of the Union values enshrined in Article 2 TEU or a risk of adverse impact on the society and the environment.
Amendment 1473 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 1475 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
Amendment 1479 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1481 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 1488 #
2021/0106(COD)
2. When assessing for the purposes of paragraph 1 whether an AI system poses a risk of harm to the health and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
Amendment 1499 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) the extent to which an AI system has been used or is likely to be used, including its reasonably foreseeable misuse;
Amendment 1502 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(b a) the type and nature of the data processed and used by the AI system;
Amendment 1504 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b b (new)
Article 7 – paragraph 2 – point b b (new)
(b b) the extent to which the AI system respects the principles of Article 4a;
Amendment 1506 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to natural persons, has breached the Union values enshrined in Article 2 TEU, has caused harm to the health and safety or has had an adverse impact on the fundamental rights, on the environment or the society or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authoritiesthe national supervisory authority, to the national competent authorities, to the Commission, to the Board, to the EDPS or to the European Union Agency for Fundamental Rights (FRA);
Amendment 1507 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to natural persons, has contravened the Union values enshrined in Article 2 TEU, has caused harm to the health and safety or has had an adverse impact on the fundamental rights, on the environment or society, or has given rise to significant concerns in relation to the materialisation of such harm or adverse impact, as demonstrated by reports or documented allegations submitted to national competent authorities, to the Commission, to the Board, to the EDPS or to the European Union Agency for Fundamental Rights (FRA);
Amendment 1525 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an impact on the health or safety of personsfundamental rights of persons, the environment or the society, the health or safety of persons, or on the Union values enshrined in Article 2 TEU, shall not be considered as easily reversible;
Amendment 1526 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced with an AI system is easily reversible, whereby outcomes having an impact on the health or safety of persons, the fundamental rights of persons, the environment or society, or on the Union values enshrined in Article 2 TEU shall not be considered as easily reversible;
Amendment 1547 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. When carrying out the assessment referred to in paragraph 1 the Commission shall consult, where relevant, representatives of groups on which an AI system has an impact, stakeholders, independent experts and civil society organisations. The Commission shall organise public consultations in this regard.
Amendment 1563 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The intended purpose of the high- risk AI system, the foreseeable uses and foreseeable misuses of AI systems with indeterminate uses and the risk management system referred to in Article 9 shall be taken into account when ensuring compliance with those requirements.
Amendment 1566 #
2021/0106(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The intended purpose, reasonably foreseeable uses and foreseeable misuses of the high- risk AI system and the risk management system referred to in Article 9 shall be taken into account when ensuring compliance with those requirements.
Amendment 1583 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and the reasonably foreseeable risks associated with each high-risk AI system;that the high-risk AI system, and AI systems with indeterminate uses, can pose to: (i) the health or safety of natural persons; (ii) the legal rights or legal status of natural persons; (iii) the fundamental rights; (iv) the equal access to services and opportunities of natural persons; (v) the Union values enshrined in Article 2 TEU.
Amendment 1590 #
2021/0106(COD)
(a a) evaluation of how the principles of Article 4a are adhered to;
Amendment 1594 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) estimation and evaluation of the risks that may emerge when the high-risk AI system is used in accordance with its intended purpose or reasonably foreseeable use and under conditions of reasonably foreseeable misuse;
Amendment 1615 #
2021/0106(COD)
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable use or misuse. Those residual risks shall be communicated to the user.
Amendment 1633 #
2021/0106(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
In eliminating or reducing risks related to the use of the high-risk AI system, due consideration shall be given to the technical knowledge, experience, education, training to be expected by the user and the environment in which the system is intended or reasonably foreseeable to be used.
Amendment 1678 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Validation datatsets shall be separate datasets from both the testing and the training datasets, in order for the evaluation to be unbiased. If only one dataset is available, it shall be divided in three parts: a training set, a validation set, and a testing set. Each set shall comply with paragraph 3 of this Article.
Amendment 1679 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Techniques such as unsupervised learning and reinforcement learning, that do not use validation and testing data sets, shall be developed on the basis of training data sets that meet the quality criteria referred to in paragraphs 2 to 5.
Amendment 1680 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1 b. Techniques such as unsupervised learning and reinforcement learning, that do not use validation and testing datasets, shall be developed on the basis of training datasets that meet the quality criteria referred to in paragraphs 2 to 4.
Amendment 1686 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices for the entire lifecycle of data processing. Those practices shall concern in particular,
Amendment 1689 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the relevant design choices;
Amendment 1690 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) data collection processes;
Amendment 1694 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) relevant data preparation processing operations, such as annotation, labelling, cleaning, enrichment and aggregation;
Amendment 1701 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, especially where data outputs are used as an input for future operations(‘feedback loops’);
Amendment 1718 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Training datasets, and where applicable, validation and testing data sets, including the labels, shall be relevant, representative, up-to-date, and to the best extent possible, free of errors and complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets mayshall be met at the level of each individual data sets or a combination thereof.
Amendment 1719 #
2021/0106(COD)
3. Training, validation and testing data sets shall be relevant, representative, up-to-date, and to the best extent possible, taking into account the state of the art, free of errors and be as complete as possible. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets mayshall be met at the level of each individual data sets or a combination thereof.
Amendment 1729 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Training, validation and testing dData sets shall take into account, to the extent required by the intended purpose, the foreseeable uses and reasonably foreseeable misuses of AI systems with indeterminate uses, the characteristics or elements that are particular to the specific geographical, ,behavioural or functional setting within which the high-risk AI system is intended to be used.
Amendment 1732 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Training, validation and testing dData sets shall take into account, to the extent required by the intended purpose, the reasonably foreseeable uses and misuses of AI systems, the characteristics or elements that are particular to the specific geographical, cultural, behavioural or functional setting within which the high-risk AI system is intended to be used.
Amendment 1736 #
2021/0106(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 1755 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide the national supervisory authority, the national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV.
Amendment 1764 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Providers that are credit institutions regulated by Directive 2013/36/EU shall maintain the technical documentation as part of the documentation concerning internal governance, arrangements, processes and mechanisms pursuant to Article 74 of that Directive.
Amendment 1773 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The logging capabilities shall ensure a level of traceability of the AI system’s functioning throughout its lifecycle that is appropriate to the intended purpose or reasonably foreseeable use of the system.
Amendment 1782 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) recording of the period of each use of the system (start date and time and end date and time of each use);
Amendment 1783 #
2021/0106(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
Amendment 1799 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point ii
Article 13 – paragraph 3 – point b – point ii
(ii) the performance metrics and its appropriateness, including the level of accuracy, robustness and cybersecurity referred to in Article 15 against which the high-risk AI system has been tested and validated and which can be expected, and any known and foreseeable circumstances that may have an impact on that expected level of accuracyperformance, robustness and cybersecurity;
Amendment 1805 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b – point v
Article 13 – paragraph 3 – point b – point v
(v) when appropriate, specifications for the input data, or any other relevant information in terms of the training, validation and testing data sets used, taking into account the intended purposedata sets used, including their limitation and assumptions, taking into account the intended purpose, the foreseeable and reasonably foreseeable misuses of the AI system.
Amendment 1849 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose, an appropriate level of accuracythe foreseeable uses and reasonably foreseeable misuses, an appropriate level of perfomance (such as accuracy, reliability and true positive rate), robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
Amendment 1854 #
2021/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The perfomance metrics and its appropriateness, including the levels of accuracy and the relevant accuracy metrics of high-risk AI systems shall be declared in the accompanying instructions of use.
Amendment 1873 #
2021/0106(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Sustainable AI systems reporting 1. Providers of high-risk AI systems shall make publicly available information on the energy consumption of the AI system, in particular its carbon footprint with regard to the development of hardware, computational resources, as well as algorithm design and training, testing and validating processes of the high-risk AI systems. The provider shall include this information in the technical documentation referred to in Article 11. 2. The Commission shall develop, by means of an implementing act, a standardised document to facilitate the disclosure of information on the energy used in the training and execution of AI systems and their carbon intensity.
Amendment 1882 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
(a a) indicate their name, registered trade name or registered trade mark, and their address on the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, as appropriate;
Amendment 1883 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
Article 16 – paragraph 1 – point a a (new)
Amendment 1886 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a b (new)
Article 16 – paragraph 1 – point a b (new)
(a b) provide specifications for the input data, or any other relevant information in terms of the data sets used, including their limitation and assumptions, taking into account of the intended purpose and the foreseeable and reasonably foreseeable misuses of the AI system;
Amendment 1903 #
2021/0106(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point j
Article 16 – paragraph 1 – point j
(j) upon request of a national supervisory authority or a national competent authority, demonstrate the conformity of the high-risk AI system with the requirements set out in Chapter 2 of this Title.
Amendment 1931 #
2021/0106(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
(i) procedures related to the reporting of serious incidents and of malfunctioning, including near misses, in accordance with Article 62;
Amendment 1945 #
2021/0106(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1962 #
2021/0106(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
In the cases referred to in paragraph 1, providers shall immediately inform the distributors of the high-risk AI system and, where applicable, the legal representative, importers and users accordingly. They shall also immediately inform the national supervisory authority and the national competent authorities of the Member States where they made the AI system available or put it into service, and where applicable, the notified body of the non-compliance and of any corrective actions taken.
Amendment 1963 #
2021/0106(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known toby the provider of the system, thate provider shall immediately inform the national supervisory authority and the national competent authorities of the Member States in which it made the system available and, where applicable, the user, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken. Where applicable, the provider shall also inform the users of the high-risk AI system.
Amendment 1971 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Providers and, where applicable, users of high-risk AI systems shall, upon request by a national competent authority, provide that authoritysupervisory authority or a national competent authority or, where applicable, by the Board or the Commission, provide them with all the information and documentation necessary to demonstrate the conformity of the high- risk AI system with the requirements set out in Chapter 2 of this Title, in an official Union language determined by the Member State concerned. Upon a reasoned request from a national competent authority, providers shall also give that authority access to the logs automatically generated by the high- risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law.
Amendment 1975 #
2021/0106(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Upon a reasoned request by a national supervisory authority or a national competent authority or, where applicable, by the Board or the Commission, providers and, where applicable, users shall also give them access to the logs automatically generated by the high-risk AI system, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law.
Amendment 1980 #
2021/0106(COD)
Proposal for a regulation
Article 25
Article 25
Authorised representatives 1. Prior to making their systems available on the Union market, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union. 2. The authorised representative shall perform the tasks specified in the mandate received from the provider. The mandate shall empower the authorised representative to carry out the following tasks: (a) keep a copy of the EU declaration of conformity and the technical documentation at the disposal of the national competent authorities and national authorities referred to in Article 63(7); (b) provide a national competent authority, upon a reasoned request, with all the information and documentation necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law; (c) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system.rticle 25 deleted
Amendment 2004 #
2021/0106(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Importers shall provide the national supervisory authority and the national competent authorities, upon a reasoned request, with all the necessary information and documentation to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title in a language which can be easily understood by that national competent authorityem, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law. They shall also cooperate with those authorities on any action the national supervisory authority and the national competent authority takes in relation to that system.
Amendment 2036 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph -1 (new)
Article 29 – paragraph -1 (new)
-1. Users of high-risk AI systems shall ensure that natural persons assigned to ensure or entrusted with human oversight for high-risk AI systems are competent, properly qualified and trained, free from external influence and neither seek nor take instructions from anybody. They shall have the necessary resources in order to ensure the effective supervision of the system in accordance with Article 14.
Amendment 2056 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 4 – introductory part
Article 29 – paragraph 4 – introductory part
4. Users shall monitor the operation of the high-risk AI system on the basis of the instructions of use. When they have reasons to consider that the use in accordance with the instructions of use may result in the AI system presenting a risk within the meaning of Article 65(1) they shall immediately inform the provider or distributor and suspend the use of the system. They shall also immediately inform the provider or distributor when they have identified any serious incident or any malfunctioning, including near misses, within the meaning of Article 62 and interrupt the use of the AI system. In case the user is not able to reach the provider, Article 62 shall apply mutatis mutandis.
Amendment 2060 #
2021/0106(COD)
Prior to putting into service or use an AI system at the workplace, users shall consult workers representatives, inform the affected employees that they will be subject to the system and obtain their consent.
Amendment 2063 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5 a. Users of high-risk AI systems shall comply with the registration obligations referred to in Article 51.
Amendment 2072 #
2021/0106(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6 a. Users of high-risk AI systems referred to in Annex III that make decisions or assist in making decisions related to an affected person, shall inform them that they are subject to the use of the high-risk AI system. This information shall include the type of the AI system used, its intended purpose and the type of decisions it makes.
Amendment 2078 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 2079 #
2021/0106(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Amendment 2092 #
2021/0106(COD)
Proposal for a regulation
Article 30 – paragraph 8
Article 30 – paragraph 8
8. Notifying authorities shall make sure that conformity assessments are carried out in a proportionate and timely manner, avoiding unnecessary burdens for providers and that notified bodies perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure and the degree of complexity of the AI system in question.
Amendment 2094 #
2021/0106(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 33. For notified bodies which are designated under any other Union harmonisation legislation, all documents and certificates linked to those designations may be used to support their designation procedure under this Regulation, as appropriate.
Amendment 2096 #
2021/0106(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The notification referred to in paragraph 2 shall include full details of the conformity assessment activities, the conformity assessment module or modules and the artificial intelligence technologies concerned, as well as the relevant attestation of competence.
Amendment 2098 #
2021/0106(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. The conformity assessment body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States. within onetwo weeks of the validation of the notification where it includes an accreditation certificate referred to in Article 31(2), or within two months of athe notification where it includes documentary evidence referred to in Article 31(3).
Amendment 2100 #
2021/0106(COD)
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4 a. Where objections are raised, the Commission shall without delay enter into consultation with the relevant Member States and the conformity assessment body. In view thereof, the Commission shall decide whether the authorisation is justified or not. The Commission shall address its decision to the Member State concerned and the relevant conformity assessment body.
Amendment 2104 #
2021/0106(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Notified bodies shall be independent of the provider of a high-risk AI system in relation to which it performs conformity assessment activities. Notified bodies shall also be independent of any other operator having an economic interest in the high-risk AI system that is assessed, as well as of any competitors of the provider. This shall not preclude the use of assessed AI systems that are necessary for the operations of the conformity assessment body or the use of such systems for personal purposes.
Amendment 2110 #
2021/0106(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Where a notifying authority has suspicions or has been informed that a notified body no longer meets the requirements laid down in Article 33, or that it is failing to fulfil its obligations, that authority shall without delay investigate the matter with the utmost diligence. In that context, it shall inform the notified body concerned about the objections raised and give it the possibility to make its views known. If the notifying authority comes to the conclusion that the notified body investigation no longer meets the requirements laid down in Article 33 or that it is failing to fulfil its obligations, it shall restrict, suspend or withdraw the notification as appropriate, depending on the seriousness of the failure. It shall also immediately inform the Commission and the other Member States accordingly.
Amendment 2112 #
2021/0106(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The Commission shall ensure that all confidentialsensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially.
Amendment 2119 #
2021/0106(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Conformity assessment bodies established under the law of a third country with which the Union has concluded an agreement in this respect may be authorised to carry out the activities of notified Bodies under this Regulation.
Amendment 2127 #
2021/0106(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
When AI systems are intended to be deployed at the workplace, harmonised standards shall be limited to technical specifications and procedures.
Amendment 2159 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. For high-risk AI systems listed in point 1 of Annex III, where, in demonstrating the compliance of a high- risk AI system with the requirements set out in Chapter 2 of this Title, the provider has not applied harmonised standards referred to in Article 40, or, where applicable, common specifications referred to in Article 41, the provider shall follow one of the following procedures:the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII.
Amendment 2164 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
Amendment 2168 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point b
Article 43 – paragraph 1 – point b
Amendment 2173 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
Article 43 – paragraph 1 – subparagraph 1
Amendment 2176 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
Article 43 – paragraph 1 – subparagraph 2
Amendment 2178 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1 a. Without prejudice to paragraph 1, if the provider has applied harmonised standard referred to in Article 40, or where applicable, common specifications referred to in Article 41, it shall follow the conformity assessment procedure based on internal control referred to in Annex VI.
Amendment 2179 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 1 b (new)
Article 43 – paragraph 1 b (new)
1 b. In the following cases, the compliance of the high-risk AI system with requirements laid down in Chapter 2 of this Title shall be assessed following the conformity assessment procedure based on the assessment of the quality management system and the assessment of the technical documentation, with the involvement of a notified body, referred to in Annex VII: (a) where harmonised standards, the reference number of which has been published in the Official Journal of the European Union, covering all relevant safety requirements for the AI system, do not exist; (b) where the harmonised standards referred to in point (a) exist but the manufacturer has not applied them or has applied them only in part; (c) where one or more of the harmonised standards referred to in point (a) has been published with a restriction; (d) when the provider considers that the nature, design, construction or purpose of the AI system necessitate third party verification.
Amendment 2182 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. For high-risk AI systems referred to in points 2 to 8 of Annex III, providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body. For high-risk AI systems referred to in point 5(b) of Annex III, placed on the market or put into service by credit institutions regulated by Directive 2013/36/EU, the conformity assessment shall be carried out as part of the procedure referred to in Articles 97 to101 of that Directive.
Amendment 2197 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 4 a (new)
Article 43 – paragraph 4 a (new)
4 a. The specific interests and needs of the small-scale providers shall be taken into account when setting the fees for third-party conformity assessment under this Article, reducing those fees proportionately to their size and market size.
Amendment 2205 #
2021/0106(COD)
Proposal for a regulation
Article 43 – paragraph 6
Article 43 – paragraph 6
Amendment 2215 #
Amendment 2224 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The provider shall draw up a written EU declaration of conformity for each high-risk AI system and keep it at the disposal of the national competent authorities for 10 years after the AI system has been placed on the market or put into service. The EU declaration of conformity shall identify the AI system for which it has been drawn upsupervisory authority and the national competent authorities after the high-risk AI system has been placed on the market or put into service for the entire lifecycle of the high- risk AI system. A copy of the EU declaration of conformity shall be given to the national supervisory authority and the relevant national competent authorities upon request.
Amendment 2226 #
2021/0106(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
2. The EU declaration of conformity shall state that the high-risk AI system in question meets the requirements set out in Chapter 2 of this Title, including the requirements related to the respect of the Union data protection acquis. The EU declaration of conformity shall contain the information set out in Annex V and shall be translated into an official Union language or languages required by the Member State(s) in which the high-risk AI system is placed on the market or made available.
Amendment 2230 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems before the high-risk AI system is placed on the market. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate. It may be followed by a pictogram or any other marking indicating a special risk or use.
Amendment 2236 #
2021/0106(COD)
Proposal for a regulation
Article 49 – paragraph 3 a (new)
Article 49 – paragraph 3 a (new)
3 a. Where high-risk AI systems are subject to other Union legislation which also provides for the affixing of the CE marking, the CE marking shall indicate that the high-risk AI system also fulfil the requirements of that other legislation.
Amendment 2238 #
2021/0106(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
The provider shall, for the entire lifecycle of the AI system or for a period ending 10 years after the AI system has been placed on the market or put into service, whichever is the longest, keep at the disposal of the national competent authorities:
Amendment 2242 #
2021/0106(COD)
Proposal for a regulation
Article 50 – paragraph 1 – introductory part
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 10 years after the AI system has been placed on the market or put into service, keep at the disposal ofthe entire lifecycle of the AI system, keep at the disposal of the national supervisory authority and the national competent authorities:
Amendment 2248 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
Before placing on the market or putting into service a high-risk AI system referred to in Article 6(2), the provider or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60, in accordance with Article 60(2).
Amendment 2255 #
2021/0106(COD)
Proposal for a regulation
Article 51 – paragraph 1 a (new)
Article 51 – paragraph 1 a (new)
Before putting into service or using a high-risk AI system in accordance with Article 6(2), the user shall register in the EU database referred to in Article 60.
Amendment 2258 #
2021/0106(COD)
Proposal for a regulation
Article 51 a (new)
Article 51 a (new)
Article 51 a Legal representative 1. Where an operator pursuant to Article 2 is established outside the Union, they shall designate, in writing, a legal representative in the Union. 2. The legal representative shall reside or be established in one of the Member States where the activities pursuant to Article 2, paragraphs 1 and 1a, are taking place. 3. The operator shall provide its legal representative with the necessary powers and resources to comply with its tasks under this Regulation and to cooperate with the competent authorities. 4. The legal representative shall, where appropriate, also carry out the following compliance tasks: (a) keep a copy of the EU declaration of conformity and the technical documentation at the disposal of the national supervisory authority and the national competent authorities and national authorities referred to in Article 63(7); (b) provide a national supervisory authority or a national competent authority, upon a reasoned request, with all the information and documentation necessary to demonstrate the conformity of a high-risk AI system with the requirements set out in Chapter 2 of this Title, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law; (c) cooperate with the national supervisory authority or the national competent authorities, upon a reasoned request, on any action the latter takes in relation to the high-risk AI system; (d) where applicable, comply with the registration obligations as referred into Article 51. 5. The legal representative shall be mandated to be addressed, in addition to or instead of the operator, by, in particular, national supervisory authority or the national competent authorities and affected persons, on all issues related to ensuring compliance with this Regulation. 6. The legal representative may be held liable for infringements of this Regulation, without prejudice to any liability of or legal actions against the operator, user or provider.
Amendment 2262 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that natural persons are informed that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use. This obligation shall not apply to AI systems authorised by law to detect, prevent, investigate and prosecute criminal offences, unless those systems are available for the public to report a criminal offence.
Amendment 2265 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2274 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
Article 52 – paragraph 3 – subparagraph 1
Amendment 2296 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
Amendment 2301 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
1 a. National supervisory authorities may establish AI regulatory sandboxes jointly with other national supervisory authorities.
Amendment 2307 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Member StatesThe national supervisory authority shall ensure that to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national, the national data protection authorities are associated to the operation of the AI regulatory sandbox.
Amendment 2316 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to fundamental rights, health and, safety and fundamental rightsor the environment identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension ofand adequate mitigation. Where such mitigation proves to be ineffective, the development and testing process shall be suspended without delay until such mitigation takes place.
Amendment 2317 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The AI regulatory sandboxes shall not affect the supervisory and corrective powers of the competent authorities. Any significant risks to health and safety and, fundamental rights and the environment identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension ofand adequate mitigation. Where such mitigation proves to be ineffective, the development and testing process shall be suspended without delay until such mitigation takes place.
Amendment 2328 #
2021/0106(COD)
Proposal for a regulation
Article 53 – paragraph 5
Article 53 – paragraph 5
5. Member States’ competentThe national supervisory authoritiesy that haves established the AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the Commission on the results ofrom the implementation of those schemes, including good practices, incidents, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox. Those reports or abstracts thereof shall be made available to the public in order to further enable innovation in the Union.
Amendment 2343 #
Amendment 2345 #
Amendment 2369 #
2021/0106(COD)
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Amendment 2373 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
1. Member StatesThe national supervisory authority shall undertake the following actions:
Amendment 2395 #
2021/0106(COD)
Proposal for a regulation
Article 56 – title
Article 56 – title
Amendment 2399 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. An independent ‘European Artificial Intelligence Board’ (the ‘Board’) is hereby established as a body of the Union and shall have legal personality.
Amendment 2401 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 1 a (new)
Article 56 – paragraph 1 a (new)
1 a. The Board shall monitor and ensure the effective and consistent application, and contribute to the effective and consistent enforcement, of this Regulation throughout the Union, including with regard to cases involving two or more Member States as set out in Article 59b.
Amendment 2413 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
Article 56 – paragraph 2 – point c a (new)
(c a) contribute to the effective cooperation with the competent authorities of third countries and with international organisations.
Amendment 2428 #
Amendment 2437 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisor and the FRA. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 2440 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 a (new)
Article 57 – paragraph 1 a (new)
1 a. The Board shall be represented by its Chair.
Amendment 2441 #
2021/0106(COD)
1 b. The Board shall act independently when performing its tasks or exercising its powers pursuant to Articles 58.
Amendment 2442 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 1 c (new)
Article 57 – paragraph 1 c (new)
1 c. The Board shall take decisions by a simple majority of its voting members, unless otherwise provided for in this Regulation. Each national supervisory authority and the EDPS shall have one vote.
Amendment 2443 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The Board shall adopt its rules of procedure by a simple two-thirds majority of its members, following the consent of the Commission. The rules of procedure shall also contain the operational aspects related to the execution of the Board’s tasks as listed in Article 58. The Board may establish sub-groups as appropriate for the purpose of examining specific questionvoting members and organise its own operational arrangements.
Amendment 2449 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2 a. The Board may establish sub- groups as appropriate for the purpose of examining specific questions.In any case, the Board shall establish the following permanent sub-groups: a) for the purpose of examining the question of the proper governance of AI systems with indeterminate use; b) for the purpose of examining the question of the proper governance of research and development activities on the topic of AI.
Amendment 2450 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 2 b (new)
Article 57 – paragraph 2 b (new)
2 b. The Board shall elect a Chair and two deputy Chairs from among its voting members by simple majority. The term of office of the Chair and of the deputy Chairs shall be three years, renewable once.
Amendment 2454 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3
Article 57 – paragraph 3
3. The BoardChair shall be chaired by the Commission. The Commission shall have the following tasks: - convene the meetings of the Board and prepare theits agenda in acc; - ensure the timely perfordmance withof the tasks of the Board pursuant to this Regulation and with its rules of procedure. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation; - notify Member States and the Commission of any recommendations adopted by the Board.
Amendment 2458 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 a (new)
Article 57 – paragraph 3 a (new)
3 a. The secretariat of the Board shall have the necessary human and financial resources to be able to perform its tasks pursuant to this Regulation.
Amendment 2460 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 3 b (new)
Article 57 – paragraph 3 b (new)
3 b. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation.
Amendment 2466 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges winational authorities, such as national equality bodies, to its meetings, where the interested thirssues discussed parties to inform its activities to ane of relevance for them. The Board may also invite, where appropriate, extent. To that end the Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groupsrnal experts, and observers and interested third parties, including stakeholders, such as those referred to in Article 58, paragraph 1c, to attend its meetings and may hold exchanges with them.
Amendment 2469 #
2021/0106(COD)
Proposal for a regulation
Article 57 – paragraph 4 a (new)
Article 57 – paragraph 4 a (new)
Amendment 2485 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission and the national supervisory authorities in the context of Article 56(2), the Board shall in particular:
Amendment 2489 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point -a (new)
Article 58 – paragraph 1 – point -a (new)
(-a) issue opinions, recommendations or written contributions with a view to ensuring the consistent implementation of this Regulation;
Amendment 2490 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point -a a (new)
Article 58 – paragraph 1 – point -a a (new)
(-a a) examine, on its own initiative or on request of one of its members, any question covering the application of this Regulation and issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
Amendment 2492 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
(a) collect and share expertise and best practices among Member Statesin implementation of this Regulation;
Amendment 2500 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the functioning of the regulatory sandboxes, as referred to in Article 53;
Amendment 2503 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – introductory part
Article 58 – paragraph 1 – point c – introductory part
(c) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation, in consultation with relevant stakeholders, in particular
Amendment 2504 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c – introductory part
Article 58 – paragraph 1 – point c – introductory part
(c) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation, after consulting relevant stakeholders, in particular
Amendment 2514 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(c a) encourage, facilitate and support the drawing up of codes of conduct intended to foster the voluntary application to AI systems of those codes of conduct in close cooperation with relevant stakeholders in accordance with Article 69;
Amendment 2518 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(c b) cooperate with the European Data Protection Board and with the FRA to receive guidance in relation to the respect of fundamental rights, in particular the right to non-discrimination and to equal treatment, the right to privacy, confidentiality of communications and the protection of personal data;
Amendment 2527 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(c c) promote public awareness and understanding of the benefits, risks, rules and safeguards and rights in relation to the use of AI systems;
Amendment 2530 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
Article 58 – paragraph 1 – point c d (new)
(c d) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
Amendment 2532 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
Article 58 – paragraph 1 – point c e (new)
(c e) promote common training programmes and facilitate personnel exchanges between the national supervisory authorities and, where appropriate, with the national supervisory authorities of third countries or with international organisations;
Amendment 2537 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(c f) advise the Commission on the possible amendment of the Annexes by means of delegated act in accordance with Article 73, in particular the annex listing high-risk AI systems;
Amendment 2542 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c g (new)
Article 58 – paragraph 1 – point c g (new)
(c g) ensure that the national supervisory authorities actively cooperate in the implementation of this Regulation;
Amendment 2550 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
When acting in the context of Article 59c on cases involving two or more Member States, the Board shall adopt binding decisions for national supervisory authorities.
Amendment 2551 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 b (new)
Article 58 – paragraph 1 b (new)
The Board shall organise consultations with stakeholders twice a year. Such stakeholders shall include representatives from industry, start-ups and SMEs ,organisations from the civil society organisations such as NGOs, consumer associations, the social partners and academia, to assess the evolution of trends in technology, issues related to the implementation and the effectiveness of this Regulation, regulatory gaps or loopholes observed in practice.
Amendment 2556 #
2021/0106(COD)
Proposal for a regulation
Title VI – Chapter 2 – title
Title VI – Chapter 2 – title
2 nNational competent authorities and national supervisory authorities
Amendment 2561 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
Amendment 2569 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Member States shall ensure that the national competent authorities are provided with adequate technical, financial and human resources, premises and infrastructure necessary to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, personal data protection, fundamental rights, health and safety risks and knowledge of existing standards and legal requirements. Member States shall assess and update competence and resource requirements referred to in this paragraph on an annual basis.
Amendment 2583 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. The Commission and the Board shall facilitate the exchange of experience between national competent authorities.
Amendment 2588 #
2021/0106(COD)
Proposal for a regulation
Article 59 – paragraph 7
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the guidance shall be drafted in consultation with the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States may also establish one central contact point for communication with operators, as appropriate.
Amendment 2595 #
2021/0106(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Amendment 2600 #
2021/0106(COD)
Proposal for a regulation
Article 59 b (new)
Article 59 b (new)
Amendment 2601 #
2021/0106(COD)
Proposal for a regulation
Article 59 c (new)
Article 59 c (new)
Article 59 c Cooperation and consistency In order to contribute to the consistent application of this Regulation throughout the Union, the national supervisory authorities shall cooperate with each other and, where relevant, with the market surveillance authorities and the Commission, in order to reach consensus.
Amendment 2602 #
2021/0106(COD)
Proposal for a regulation
Article 59 d (new)
Article 59 d (new)
Amendment 2603 #
2021/0106(COD)
Proposal for a regulation
Article 59 e (new)
Article 59 e (new)
Amendment 2609 #
Amendment 2613 #
2021/0106(COD)
Proposal for a regulation
Article 60 – title
Article 60 – title
EU database for stand-alone high-risk AI systems
Amendment 2617 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 and 2a concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51, as well as users of any AI systems by public authorities and Union institutions, bodies, offices or agencies.
Amendment 2622 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 2 a (new)
Article 60 – paragraph 2 a (new)
2 a. The data listed in Annex VIII, point (2), shall be entered into the EU database by the users, including those who are or who act on behalf of public authorities or Union institutions, bodies, offices or agencies. The Commission shall provide them with technical and administrative support.
Amendment 2625 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
3. Information contained in the EU database shall be accessible to the public, user-friendly and machine-readable.
Amendment 2629 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider or the user.
Amendment 2633 #
2021/0106(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
5. The Commission shall be the controller of the EU database. It shall also ensure to providers adequate technical and administrative support.
Amendment 2641 #
2021/0106(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by users or collected through other sources on the performance of high- risk AI systems throughout their lifetime, and allow the provider to evaluate the continuous compliance of AI systems with the requirements set out in Title III, Chapter 2. Post-market monitoring must include continuous analysis of the AI environment, including other devices, software, and other AI systems that will interact with the AI system.
Amendment 2651 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers and, where users have identified a serious incident or malfunctioning, users of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred and to the affected persons and, where the incident or breach occurs or is likely to occur in at least two Member States, to the Commission.
Amendment 2652 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
1. Providers of high-riskand, where users have identified a serious incident or malfunctioning, users of AI systems placed on the Union market shall report any serious incident or any malfunctioning, including near misses, of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights toto the national supervisory authorities and the market surveillance authorities of the Member States where that incident or breach occurred and, where relevant, to the Commission and to the affected persons.
Amendment 2660 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediately after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a linkwhen an AI system is involved in an incident or malfunctioning, including near misses, and, in any event, not later than 15 day72 hours after the providers or, where applicable, the user becomes aware of the serious incident or of the malfunctioning.
Amendment 2667 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 2 a (new)
Article 62 – paragraph 2 a (new)
2 a. The market surveillance authorities shall take appropriate measures within 7 days from the date it received the notification referred to in paragraph 1. Where the infringement takes place or is likely to take place in other Member States, the market surveillance authority shall notify the Commission, the Board and the relevant national competent authorities of these Member States.
Amendment 2670 #
2021/0106(COD)
Proposal for a regulation
Article 62 – paragraph 3
Article 62 – paragraph 3
3. For high-risk AI systems referred to in point 5(b) of Annex III which are placed on the market or put into service by providers that are credit institutions regulated by Directive 2013/36/EU and for high-risk AI systems which are safety components of devices, or are themselves devices, covered by Regulation (EU) 2017/745 and Regulation (EU) 2017/746, the notification of serious incidents or malfunctioning for the purposes of this Regulation shall be limited to those that that constitute a breach of obligations under Union law intended to protect fundamental rights and the environment.
Amendment 2677 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. For AI systems listed in point 1(a) in so far as the systemsthat are used for law enforcement purposes, points 6 and 7 of Annex III, Member States shall designate as market surveillance authorities for the purposes of this Regulation either the competent data protection supervisory authorities under Directive (EU) 2016/680, or Regulation 2016/679 or the national competent authorities supervising the activities of the law enforcement, immigration or asylum authorities putting into service or using those systems.
Amendment 2678 #
2021/0106(COD)
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. For AI systems listed in point 1(a) in so far as the systems are used for law enforcement purposes, points 6 and 7 of Annex III, Member States shall designate as market surveillance authorities for the purposes of this Regulation either the competent data protection supervisory authorities under Directive (EU) 2016/680, or Regulation 2016/679 or the national competent authorities supervising the activities of the law enforcement, immigration or asylum authorities putting into service or using those systems.
Amendment 2682 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 1
Article 64 – paragraph 1
1. Access to data and documentation iIn the context of their activities, the national supervisory authorities, the market surveillance authorities, or the Commission, shall be granted full access to the training data sets, and where applicable, validation and testing datasets used by the provider or, where relevant, the user, including through application programming interfaces (‘API’) or other appropriate technical means and tools enabling remote access.
Amendment 2690 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where necessary to assess the conformity of the high-risk AI system with the requirements set out in Title III, Chapter 2 and upon a reasoned request, the market surveillance authoritiesnational supervisory authority, the market surveillance authorities or, where applicable, the Commission shall be granted access to the source code of the AI system.
Amendment 2697 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. National public authorities or bodies, which supervise or enforce the respect of obligations under Union law protecting fundamental rights in relation to the use of high-risk AI systems referred to in Annex III shall have the power to request and access any documentation created or maintained under this Regulation when access to that documentation is necessary for the fulfilment of the competences under their mandate within the limits of their jurisdiction. The relevant public authority or body shall inform the market surveillance authority of the Member State concerned of any such request.
Amendment 2698 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
Amendment 2700 #
2021/0106(COD)
Proposal for a regulation
Article 64 – paragraph 5
Article 64 – paragraph 5
5. Where the documentation referred to in paragraph 3 is insufficient to ascertain whether a breach of obligations under Union law intended to protect fundamental rights has occurred, the public authority or body referred to paragraph 3 may make a reasoned request to the market surveillance authoritynational supervisory authority, the market surveillance authority, or where applicable the Commission, to organise testing of the high- risk AI system through technical means. The market surveillance authoritynational supervisory authority, the market surveillance authority or where applicable the Commission shall organise the testing with the close involvement of the requesting public authority or body within reasonable time following the request.
Amendment 2704 #
2021/0106(COD)
Proposal for a regulation
Article 65 – title
Article 65 – title
Procedure for dealing with AI systems presenting a risk at national level
Amendment 2705 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persmeans an AI system having the potential to affect adversely fundamental rights, health and safety of persons in general, including in the workplace, protection of consumers, the environment, public security, the values enshrined in Article 2 TEU and other public interests, that are protected by the applicable Union harmonisation legislation, to a degree which goes beyond that considered reasonable and acceptable in relation to its intended purpose or under the normal or reasonably foreseeable conditions of use of the system concerned, including the duration of use and, where applicable, its putting into service, installations are concernednd maintenance requirements.
Amendment 2708 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks toAI systems having the potential to affect adversely the fundamental rights of persons, their health or safety or to, as well as AI systems having the protecntion of fundamental rights of persons are concernedal to breach the principles defined in Art. 4a or the Union values as enshrined in Article 2 TEU.
Amendment 2714 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1to the health and safety of persons, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
Amendment 2717 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Article 65 – paragraph 2 – subparagraph 1
Where, in the course of that evaluation, the market surveillance authority or, where relevant, the national public authority referred to in Article 64(3) finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe, and in any case no later than 15 working days.
Amendment 2719 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 a (new)
Article 65 – paragraph 2 a (new)
2 a. Where the national supervisory authority has sufficient reasons to consider that an AI system presents a risk to the protection of fundamental rights, the principles as defined in Art 4a or the Union values, as enshrined in Article 2 TEU, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation.
Amendment 2720 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 b (new)
Article 65 – paragraph 2 b (new)
2 b. Where, in the course of that evaluation, the market surveillance authority or, where relevant, the national supervisory authority finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe, and in any case no later than 15 working days. The market surveillance authority shall inform the relevant notified body accordingly. Article 18 of Regulation (EU) 2019/1020 shall apply to the measures referred to in the first subparagraph.
Amendment 2721 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Where the market surveillance authority or, where relevant, the national supervisory authority, considers that non- compliance is not restricted to its national territory, it shall inform the Board, the Commission and the other Member States’ competent authorities of the results of the evaluation and of the actions which it has required the operator to take.
Amendment 2724 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2b, the market surveillance authority or, where relevant, the national supervisory authority, shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market or put into service, to withdraw the productAI system from that market or to recall it. That authority shall immediately inform the Commission and, the oBoard and ther Member States, without delay’ market surveillance authorities, of those measures.
Amendment 2725 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market or put into service, to withdraw the productAI system from that market or to recall it. That authority shall immediately inform the Commission, the Board and the other Member States, without delay, of those measures.
Amendment 2728 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 6 – point a
Article 65 – paragraph 6 – point a
(a) a failure of the AI system to meet requirements set out in Title III, Chapter 2and obligations set out in this Regulation;
Amendment 2733 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 7
Article 65 – paragraph 7
7. The market surveillance authorities of the Member States other than the market surveillancer, where applicable, the national supervisory authorityies of the other Member State initiating the procedures shall without delay inform the Commission and the other Member States, the Board and the authority initiating the procedure of any measures adopted and of any additional information at their disposal relating to the non-compliance of the AI system concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 2736 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 8
Article 65 – paragraph 8
8. Where, within three months of receipt of the information referred to in paragraph 5, no objection has been raised by either a Member Statemarket surveillance authority, a national supervisory authority, or the Commission in respect of a provisional measure taken by a Member Statemarket surveillance authority or a national supervisory authority , that measure shall be deemed justified. This is without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020.
Amendment 2745 #
2021/0106(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 2747 #
2021/0106(COD)
Proposal for a regulation
Article 67 – title
Article 67 – title
Compliant AI systems which present a risk to the health and safety
Amendment 2749 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, in full cooperation with the relevant national public authority referred to in Article 64(3),the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, to the compliance with obligations under Union or national law intended to protect fundamental rights, environment, European values as enshrined in Article 2 TEU or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 2750 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Where, having performed an evaluation under Article 65, the market surveillance authority of a Member State finds that although an AI system is in compliance with this Regulation, it presents a risk to the health or safety of persons, to the compliance with obligations under Union or national law intended to protect fundamental rights or to other aspects of public interest protection, it shall require the relevant operator to take all appropriate measures to ensure that the AI system concerned, when placed on the market or put into service, no longer presents that risk, to withdraw the AI system from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.
Amendment 2754 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. The Member Statemarket surveillance authority shall immediately inform the Commission, the Board and the other Member States’ market surveillance authorities. That information shall include all available details, in particular the data necessary for the identification of the AI system concerned, the origin and the supply chain of the AI system, the nature of the risk involved and the nature and duration of the national measures taken.
Amendment 2759 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member Statmarket surveillance authorities and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
Amendment 2761 #
2021/0106(COD)
Proposal for a regulation
Article 67 – paragraph 5
Article 67 – paragraph 5
5. The Commission shall address its decision to the Member Statemarket surveillance authorities and communicate it to them and to the relevant operators.
Amendment 2765 #
2021/0106(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 2773 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Right to lodge a complaint 1. Affected persons, affected by an AI system falling within the scope of this Regulation, shall have the right to lodge a complaint against the providers or users of such AI system, with the national supervisory authority of the Member State where they have their habitual place of residence or place of work or where the alleged infringement took place, if they consider that their fundamental rights, health or safety have been breached. 2. Affected persons shall have a right to be heard in the complaint handling procedure and in the context of any investigations conducted by the national supervisory authority as a result of their complaint. 3. The national supervisory authority with which the complaint has been lodged shall inform the complainants about the progress and outcome of their complaint. In particular,the national supervisory authority shall take all the necessary actions to follow up on the complaints it receives and, within three months of the reception of a complaint, give the complainant a preliminary response indicating the measures it intends to take and the next steps in the procedure, if any. 4. The national supervisory authority shall take a decision on the complaint, without delay and no later than six months after the date on which the complaint was lodged.
Amendment 2775 #
2021/0106(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 2778 #
2021/0106(COD)
Proposal for a regulation
Article 68 b (new)
Article 68 b (new)
Article 68 b Representation of affected persons 1. An affected person shall have the right to mandate a not-for-profit body, organisation or association that has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of rights and freedoms of affected persons, with regard to the protection of their fundamental rights, to lodge the complaint on their behalf, to exercise the rights referred to in Article 68a on his or her behalf, and to exercise the right to receive compensation referred to in Article 70a and 71 on his or her behalf. 2. Any body, organisation or association referred to in paragraph 1 of this Article, independently of an affected person’s mandate, has the right to lodge, in that Member State, a complaint with the national supervisory authority which is competent pursuant to Article 68a, if it considers that the rights of a affected persons under this Regulation have been infringed as a result of them being subject to AI systems.
Amendment 2781 #
2021/0106(COD)
Proposal for a regulation
Article 68 b (new)
Article 68 b (new)
Article 68 b Representation of affected persons or groups of persons 1. Without prejudice to Directive 2020/1828/EC, the person or groups of persons harmed by AI systems shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of rights and freedoms impacted by AI to lodge the complaint on his, her or their behalf, to exercise the rights referred to in this Regulation on his, her or their behalf. 2. Without prejudice to Directive 2020/1828/EC, the body, organisation or association referred to in paragraph 1 shall have the right to exercise the rights established in this Regulation independently of a mandate by a person or groups of person if it considers that a provider or a user has infringed any of the rights or obligations set out in this Regulation.
Amendment 2783 #
2021/0106(COD)
Proposal for a regulation
Article 68 c (new)
Article 68 c (new)
Article 68 c Amendment to Directive 2020/1828/EC on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I of Directive 2020/1828/EC on Representative actions for the protection of the collective interests of consumers: “Regulation xxxx/xxxx of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (artificial intelligence act) and amending certain union legislative acts”.
Amendment 2785 #
2021/0106(COD)
Proposal for a regulation
Article 68 d (new)
Article 68 d (new)
Article 68 d Reporting of breaches and protection of reporting persons Directive (EU) 2019/1937 of the European Parliament and of the Council shall apply to the reporting of breaches of this Regulation and the protection of persons reporting such breaches.
Amendment 2797 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 – introductory part
Article 70 – paragraph 1 – introductory part
1. National supervisory authorities, national competent authorities and notified bodies involved in the application of this Regulation shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
Amendment 2806 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1 a. The Commission, the Board, national supervisory authorities, national competent authorities and notified bodies involved in the application of this Regulation shall put in place adequate cybersecurity and organisational measures to protect the security and confidentiality of the information and data obtained in carrying out their tasks and activities.
Amendment 2809 #
2021/0106(COD)
Proposal for a regulation
Article 70 – paragraph 2 – introductory part
Article 70 – paragraph 2 – introductory part
2. Without prejudice to paragraphs 1 and 1a, information exchanged on a confidential basis betweenamong the national competentsupervisory authorities and between, national competent authorities and the Commission shall not be disclosed without the prior consultation of the originating national competent authority and the user when high-risk AI systems referred to in points 1, 6 and 7 of Annex III are used by law enforcement, immigration or asylum authorities, when such disclosure would jeopardise public and national security interests.
Amendment 2812 #
2021/0106(COD)
Proposal for a regulation
Article 70 a (new)
Article 70 a (new)
Amendment 2819 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation, in particular for infringements which are not subject to administrative fines pursuant to Article70a, and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the interests of small-scale providers and start-up and their economic viability.
Amendment 2824 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Member States shall notify the Commission[by 3 months following the date of entry into force of this Regulation] the Commission and the Board of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2825 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. TWithin [three months following the entry into force of this Regulation], the Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2828 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 2 a (new)
Article 71 – paragraph 2 a (new)
2 a. The non-compliance of the AI system with the prohibition of the practices referred to in Article 5 shall be subject to administrative fines of up to 50 000 000 EUR or, if the offender is a company, up to 10% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2829 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
Amendment 2832 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – introductory part
Article 71 – paragraph 3 – introductory part
3. The following infringementsnon-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 340 000 000 EUR or, if the offender is a company, up to 68 % of its total worldwide annual turnover for the preceding financial year, whichever is higher: .
Amendment 2836 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point a
Article 71 – paragraph 3 – point a
Amendment 2844 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 3 – point b
Article 71 – paragraph 3 – point b
Amendment 2846 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
Amendment 2849 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 4
Article 71 – paragraph 4
4. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 230 000 000 EUR or, if the offender is a company, up to 46 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2854 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
Amendment 2858 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 120 000 000 EUR or, if the offender is a company, up to 24 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Amendment 2861 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6
Article 71 – paragraph 6
Amendment 2865 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 6 – point c
Article 71 – paragraph 6 – point c
Amendment 2875 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
Amendment 2877 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 8
Article 71 – paragraph 8
Amendment 2885 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
(a) the nature, gravity and duration of the infringement and of its consequences, including to affected persons;
Amendment 2886 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point a a (new)
Article 72 – paragraph 1 – point a a (new)
(a a) any action taken by the Union institution, agency or body to mitigate the harm;
Amendment 2892 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 1 – point c a (new)
Article 72 – paragraph 1 – point c a (new)
(c a) the manner in which the infringement became known to the European Data Protection Supervisor, in particular whether, and if so, to what extent, the Union institution, agency or body notified the infringement.
Amendment 2894 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. The following infringementsnon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 1 000 000 EUR; 2a. The non-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 5700 000 EUR: .
Amendment 2896 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – introductory part
Article 72 – paragraph 2 – introductory part
2. The following infringementsnon-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to 51 000 000 EUR:
Amendment 2899 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – point a
Article 72 – paragraph 2 – point a
Amendment 2900 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – point a
Article 72 – paragraph 2 – point a
Amendment 2902 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – point b
Article 72 – paragraph 2 – point b
Amendment 2903 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 – point b
Article 72 – paragraph 2 – point b
Amendment 2905 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 2 a (new)
Article 72 – paragraph 2 a (new)
2 a. The non-compliance of the AI system with the requirements laid down in Article 10 shall be subject to administrative fines of up to 700 000 EUR.
Amendment 2909 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 2500 000 EUR.
Amendment 2911 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Articles 5 and 10, shall be subject to administrative fines of up to 2500 000 EUR.
Amendment 2912 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. The rights of defense of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection Supervisor’s file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets.
Amendment 2913 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 5
Article 72 – paragraph 5
5. The rights of defense of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection Supervisor’s file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets.
Amendment 2915 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 6
Article 72 – paragraph 6
6. Funds collected by imposition of fines in this Article shall be the income ofcontribute to the general budget of the Union.
Amendment 2916 #
2021/0106(COD)
Proposal for a regulation
Article 72 – paragraph 6 a (new)
Article 72 – paragraph 6 a (new)
6 a. The European Data Protection Supervisor shall, on an annual basis, notify the Board of the fines it has imposed pursuant to this Article.
Amendment 2917 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6, Article 48(5) and Article 48(5)68a shall be conferred on the Commission for an indeterminate period of time from [entering into force of the Regulation].
Amendment 2921 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
3. The delegation of power referred to in Article 4, Article 7(1), Article 11(3), Article 43(5) and (6, Article 48(5) and Article 48(5)68a may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2932 #
2021/0106(COD)
Proposal for a regulation
Article 73 – paragraph 5
Article 73 – paragraph 5
5. Any delegated act adopted pursuant to Article 4, Article 7(1), Article 11(3), Article 43(5) and (6) and, Article 48(5) and 68d shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 2943 #
2021/0106(COD)
Proposal for a regulation
Article 83
Article 83
AI systems already placed on the market or put into service 1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months after the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads to a significant change in the design or intended purpose of the AI system or AI systems concerned. The requirements laid down in this Regulation shall be taken into account, where applicable, in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts. 2. This Regulation shall apply to the high- risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purpose.rticle 83 deleted
Amendment 2953 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Article 83 – paragraph 1 – subparagraph 1
The requirements laid down in this Regulation shall be taken into account, where applicable,apply in the evaluation of each large-scale IT systems established by the legal acts listed in Annex IX to be undertaken as provided for in those respective acts.
Amendment 2960 #
2021/0106(COD)
Proposal for a regulation
Article 83 – paragraph 2
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changes in their design or intended purpose.
Amendment 2965 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III, including the extension of existing area headings or addition of new area headings, the list of prohibited practices in Article 5, and the list of AI systems requiring additional transparency measures, once a year following the entry into force of this Regulation.
Amendment 2971 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 1
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a yearannually following the entry into force of this Regulation and following a recommendation of the Board.
Amendment 2975 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 3 – point b
Article 84 – paragraph 3 – point b
(b) the state of penalties, and notably administrative fines as referred to in Articles 71(1),0a and 71 applied by national supervisory authoritites and Member States to infringements of the provisions of this Regulation.
Amendment 2985 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 6
Article 84 – paragraph 6
6. In carrying out the evaluations and reviews referred to in paragraphs 1 to 4 the Commission shall take into account the positions and findings of the Board, of the European Parliament, of the Council, and of equality bodies and other relevant bodies or sources, and shall consult relevant external stakeholders, in particular those potentially affected by the AI system, as well as stakeholders from academia and civil society.
Amendment 2990 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7
Article 84 – paragraph 7
7. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account developments in technology, the effect of AI systems on health and safety, fundamental rights, the environment, equality, and accessibility for persons with disabilities, and in the light of the state of progress in the information society.
Amendment 2997 #
2021/0106(COD)
Proposal for a regulation
Article 84 – paragraph 7 a (new)
Article 84 – paragraph 7 a (new)
7 a. To guide the evaluations and reviews referred to in paragraphs 1 to 4, the Board shall undertake to develop an objective and participative methodology for the evaluation of risk level based on the criteria outlined in the relevant articles and inclusion of new systems in: the list in Annex III, including the extension of existing area headings or addition of new area headings; the list of prohibited practices in Article 5; and the list of AI systems requiring additional transparency measures.
Amendment 3010 #
2021/0106(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 3012 #
2021/0106(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 3042 #
2021/0106(COD)
Proposal for a regulation
Annex III – title
Annex III – title
INDICATIVE LIST OF HIGH-RISK AI SYSTEMS REFERRED TO IN ARTICLE 6(2)
Amendment 3053 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification and categorisation of natural personsAI systems which use biometric or biometrics-based data:
Amendment 3058 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
Amendment 3060 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended tothat are or may be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons, including in workplaces, in educational settings and in border surveillance, or for the provision of public or essential services;
Amendment 3067 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
Annex III – paragraph 1 – point 1 – point a a (new)
Amendment 3075 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a b (new)
Annex III – paragraph 1 – point 1 – point a b (new)
(a b) AI systems that are or may be used for monitoring compliance with health and safety measures or inferring alertness /attentiveness for safety purposes, on the basis of biometric or biometrics-based data;
Amendment 3080 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a c (new)
Annex III – paragraph 1 – point 1 – point a c (new)
(a c) AI systems that are or may be used to diagnose or support diagnosis of medical conditions or medical emergencies on the basis of biometric or biometrics-based data;
Amendment 3099 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
Annex III – paragraph 1 – point 3 – point b
(b) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to educational institutions. or monitoring of students during exams, for determining learning objectives, and for allocating personalised learning tasks to students;
Amendment 3115 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for making decisions on promotion and termination of work-related contractual relationships,affecting the initiation, establishment, implementation, promotion and termination of an employment relationship, including AI systems intended to support collective legal and regulatory matters, particularly for task allocation and for monitoring and evaluating performance and behavior of persons or in matters of training or further education in such relationships.
Amendment 3149 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
Annex III – paragraph 1 – point 6 – point a
Amendment 3157 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
Amendment 3160 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
Annex III – paragraph 1 – point 6 – point b
Amendment 3165 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
Annex III – paragraph 1 – point 6 – point c
(c) AI systems intended to be used by law enforcement authorities or on their behalf to detect deep fakes as referred to in article 52(3) and in point 8a(a) and (b) of this Annex;
Amendment 3170 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
Annex III – paragraph 1 – point 6 – point d
(d) AI systems intended to be used by law enforcement authorities or on their behalf for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
Amendment 3178 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
Annex III – paragraph 1 – point 6 – point e
Amendment 3193 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
Amendment 3194 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
Annex III – paragraph 1 – point 7 – point a
Amendment 3197 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
Amendment 3200 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
Annex III – paragraph 1 – point 7 – point b
Amendment 3209 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
Amendment 3210 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
Annex III – paragraph 1 – point 7 – point d
Amendment 3238 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 8 a (new)
Annex III – paragraph 1 – point 8 a (new)
8 a. Other applications: (a) AI systems intended to be used to generate, on the basis of limited human input, complex text content that would falsely appear to a person to be human- generated and authentic, such as news articles, opinion articles, novels, scripts, and scientific articles, except where the content forms part of an evidently artistic, creative or fictional and analogous work; (b) AI systems intended to be used to generate or manipulate audio or video content that appreciably resembles existing natural persons, in a manner that significantly distorts or fabricates the original situation, meaning, content, or context and would falsely appear to a person to be authentic, except where the content forms part of an evidently artistic, creative or fictional cinematographic and analogous work.
Amendment 3244 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a
Annex IV – paragraph 1 – point 1 – point a
(a) its intended purpose or reasonably foreseeable use, the person/s developing the system, the date and the version of the system;
Amendment 3246 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a
Annex IV – paragraph 1 – point 1 – point a
(a) its intended purpose or reasonably foreseeable use, the person/s developing the system the date and the version of the system;
Amendment 3251 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point b
Annex IV – paragraph 1 – point 1 – point b
(b) how the AI system interacts or can be used to interact with hardware or software, including other AI systems, that isare not part of the AI system itself, where applicable;
Amendment 3269 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point g
Annex IV – paragraph 1 – point 2 – point g
(g) the validation and testing procedures used, including information about the validation and testing data used and their main characteristics; metrics used to measure accuracyperformance, robustness, cybersecurity and compliance with other relevant requirements set out in Title III, Chapter 2 as well as potentially discriminatory impacts; test logs and all test reports dated and signed by the responsible persons, including with regard to pre-determined changes as referred to under point (f).
Amendment 3273 #
2021/0106(COD)
3 a. A description of the appropriateness of the performance metrics for the specific AI system;
Amendment 3274 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3 a (new)
Annex IV – paragraph 1 – point 3 a (new)
3 a. A description of the appropriateness of the performance metrics for the specific AI system.
Amendment 3275 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3 b (new)
Annex IV – paragraph 1 – point 3 b (new)
3 b. Detailed information about the carbon footprint and the energy efficiency of the AI system, in particular with regard to the development of hardware, computational resources, as well as algorithm design and training processes;
Amendment 3276 #
2021/0106(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point 3 c (new)
Annex IV – paragraph 1 – point 3 c (new)
3 c. Information about the computational resources required for the functioning of the AI system and its expected energy consumption during its use;
Amendment 3289 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – title
Annex VIII – title
INFORMATION TO BE SUBMITTED UPON THE REGISTRATION OF HIGH- RISK AI SYSTEMS IN ACCORDANCE WITH ARTICLE 5160
Amendment 3292 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – paragraph 1
Annex VIII – paragraph 1
The following information shall be provided and thereafter kept up to date with regard to high-risk AI systems to be registered in accordance with Article 5160.
Amendment 3298 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 3
Annex VIII – point 3
3. Name, address and contact details of the authorisedlegal representative, where applicable;
Amendment 3310 #
2021/0106(COD)
Proposal for a regulation
Annex VIII – point 12 a (new)
Annex VIII – point 12 a (new)
12 a. The list of users of the AI systems
Amendment 11 #
2020/2217(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the European strategy for data must take into account the General Data Protection Regulation while creating a veritable single market for data and ensuring consumer protection in the single market;
Amendment 21 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; calls on the Commission to adopt a cautious approach in order to ensure that consumers should always be able to decide who gets access to their personal data and under what circumstances; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruism in full compliance with European legislation;
Amendment 23 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruism in full compliance with European legislation; considers the exchange of data with third countries to be necessary, while ensuring data security and transparency;
Amendment 49 #
2020/2217(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the importance of security and data protection as key elements for data sharing initiatives and the future EU data spaces; highlights that companies must comply with the GDPR in its entirety, including the principles of data minimisation, and data protection by design and by default; welcomes the Commission’s plan to adopt measures to enhance the portability right under Article 20 of the GDPR in its upcoming Data Act; encourages the Commission to facilitate the finalisation of the negotiations on the ePrivacy Regulation in order to ensure future-proof privacy in electronic communications;
Amendment 67 #
2020/2217(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to pay particular attention to situations where data is co-generated and makes it difficult to identify to whom the data might refer to, which can pose difficulties as to who is entitled to apply data protection rights;
Amendment 71 #
2020/2217(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Encourages the Commission to establish proper mechanisms and the right conditions to make G2B data sharing widely and freely available, in a machine-readable format and through standardised Application Programming Interfaces (APIs); considers that this could include that businesses should only have access to the free data if they pay taxes in EU;
Amendment 90 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the important need to develop a cyber-secure and dynamic cloud ecosystem in Europe in order to deliver a successful and competitive Digital Single Market; encourages the Commission to develop a coherent cloud rulebook that takes into consideration the work of the Working Group on Switching Cloud providers and data porting (SWIPO) and seeks to ensure that customers can choose their cloud services providers as well as retrieve, transfer and move data to other clouds in a free and secure manner;
Amendment 96 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that data is an essential element and resource of the European economy, which must be harnessed and to which European companies, including SMEs should have access, in compliance with the rules in force regarding data protection;
Amendment 98 #
2020/2217(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that despite the high level of protection granted by the GDPR, individuals suffer from the lack of appropriate technical standards and tools empowering the simple exercise of those rights; emphasises that individuals should be supported in enforcing their rights granted by the GDPR with regard to the use of the data they generate;
Amendment 101 #
2020/2217(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Suggests developing a technical and legal framework for data sharing to keep data secure and to ensure control over who access data and for what purpose; highlights initiatives such as the Nordic Smart Government which intends to enable SMEs to voluntary share data automatically and in real-time through a decentralised digital ecosystem;
Amendment 104 #
2020/2217(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines that when defining standards for sharing data across sectors, the Commission should pay particular attention to the standards applying within the sector in order to ensure a coherent cross-sector data-sharing standard and avoid disadvantaging a sector towards another;
Amendment 149 #
2020/2217(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the data governance model be built on a decentralised data operating environment; believes that the EU should develop its own adequate capacity for cloud services and facilitate the emergence of a decentralised, interoperable ecosystem of data governance that enables efficient use of local infrastructures such as edge computing; supports the further uptake of decentralised digital technologies such as blockchain which enables individuals and organisations to manage data flows based on self-determination;
Amendment 155 #
2020/2217(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Believes that data management services and data architectures designed to store, use, re-use and curate data are critical components of the value chain of the European digital economy; stresses that costs related to access and storage of data determine the speed, depth and scale of the adoption of digital infrastructures and products, especially for SMEs and start-ups;
Amendment 187 #
2020/2217(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that personal and industrial data are not always separable; urges the Commission to define guidance on and practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal data; calls on the Commission to consider creating a horizontal and cross-cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners; emphasises the need to further develop digital identities, which will enable individuals to retain ownership of their data and contribute to the establishment of safe and trustworthy data intermediation standards;
Amendment 215 #
2020/2217(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. NUnderlines that market imbalances resulting from the high concentration of information and provision of data-related services diminish wider data access and use, not only putting SMEs at a disadvantageous position but also increasing risks to competition in adjacent and emerging markets in the digital economy; notes that there are specific circumstances, such as systematic imbalances in B2B data value chains, where access to data should be compulsory e.g. via well-formed APIs;
Amendment 270 #
2020/2217(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; underlines that technological advancement based on data processing and the interconnectedness of digital products and services must be complemented with legally binding ethical standards to mitigate threats to privacy and data protection;
Amendment 308 #
2020/2217(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Highlights that the gradual paradigm shift from physical centres of data storage to data architectures on the cloud and closer to the user, reinforces the need for a strengthened cybersecurity framework; underlines that the uptake and widespread use of products and services fuelled by data depend on cybersecurity standards, which will inspire trust and allow for safer data sharing mechanisms and better protocols to guarantee data protection;
Amendment 313 #
2020/2217(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Stresses that the safe and widespread uptake of both products and services in the data-fuelled consumer- facing IoT and industrial IoT European ecosystems must include trust by design in order to integrate privacy standards and security safeguards in all stages of the design process as well as the data processing protocols of devices and services;
Amendment 350 #
2020/2217(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that global rules governing the use of data are inadequate; calls on the Commission to work with like-minded third countries and international organisations to agree on new international standards to govern the use of new technologies, such as AI; highlights the need for international rules and standards to foster global cooperation aimed at strengthening data protection and establishing safe and appropriate data transfers;
Amendment 2 #
2020/2216(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services,
Amendment 7 #
2020/2216(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas a dismantling of online and offline rules in the European Single Market and the DSM, respectively, has to be prevented at all costs and whereas the principle “what is illegal offline is illegal online” has to be respected;
Amendment 21 #
2020/2216(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes the EU needs to become a world leader in digital innovation; considers that the digital single market is about removing unjustified national barriers and having a better organised and common European approach for market integration and harmonisation; believes that further actions are needed at both Member State and EU level to achieve this;
Amendment 33 #
2020/2216(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that digitalisation and technologies such as AI will be important forcould potentially achievinge the objectives of the Green Deal and for economic recovery from the COVID-19 crisis; considers that the COVID-19 crisis also offers an opportunity to speed up digitalisation, and that the digital transformation must serve the public interest overall;
Amendment 37 #
2020/2216(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that the Commission should adopt a balanced approach to legislation in order to create a digital single market thatcreate a digital single market that ensures the provision of public services, is competitive, fair, accessible, technologically neutral, innovation- friendly, consumer-friendly, human- centric and trustworthy, and that builds a secure data society and economy and ensures that equal conditions prevail as regards tax payment, meaning in particular that leading internet companies pay their taxes where their profits are generated;
Amendment 43 #
2020/2216(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to follow the ‘one in, one out’ principle in its future legislative proposals, and to address the fragmentation of the digital single market, remove any existing unjustified barriers, and support innovation by reducing red tape;
Amendment 48 #
2020/2216(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission to ensure properan ambitious enforcement of both current and any new legislative requirements; believes that enforcement needs to work effectively across borders and across sectors, with greater cooperation between authorities, and with due regard for the expertise and relevant competence of each authority; believes that the Commission should provide a guiding framework to ensure coordination for any new regulatory requirements on AI or related fields;
Amendment 63 #
2020/2216(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that there is a significant lack of European venture and seed capital, as well as of private equity funding, when compared to its two biggest competitors; believes that this both prevents the EU from realising the full potential benefits of new technology, and also hinders the EU from influencing the global governance of new and emerging technologies; calls on the Commission and the Member States to propose a comprehensive European approach to increase sources of capital for technological investments in the EU as well as to ensure the availability of venture and seed capital for European companies and start-ups;
Amendment 64 #
2020/2216(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Regrets, that the Digital Europe programme as well as the Horizon Europe and Connecting Europe programmes do not dispose over higher budgets; urges the Commission to ensure that these programmes are deployed as soon as possible;
Amendment 66 #
2020/2216(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies ensuring that “AI made in Europe” is based on European values and norms in order to promote not only economic development but especially social welfare; highlights the need to work with industry and also with international partners on setting global standards;
Amendment 75 #
2020/2216(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of control over data, with clear and balanced rules on inter alia intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
Amendment 76 #
2020/2216(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that we need a data economy that works for the entire EU, as it is a key enabler of digitalisation; believes that it is important for the EU to guarantee a high degree of consumers’ control over data, with clear and balanced rules on intellectual property rights (IPR), but considers it essential to maintain openness towards third countries, and that the free flow of non-personal data across borders is important;
Amendment 80 #
2020/2216(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Digital Services Act and the Digital Markets Act proposed by the Commission; believes that this should contribute to supporting innovation, and removing unjustified and disproportionate barriers and restrictions to the provision of digital services while improving consumer protection;
Amendment 88 #
2020/2216(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls that the geo-blocking of online services constitutes a significant barrier to the Single Market, a derogation from the European economic freedoms on which the EU integration is based and an unjustified discrimination between European consumers; notes the Commission’s first short-term review of the Geo-blocking Regulation and urges the Commission to continue its assessment with a pro-consumer approach and to consider proposing follow-up appropriate measures to approach the problems related to copyright-protected content such as audio-visual, music, e-books, and games;
Amendment 97 #
2020/2216(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly believes that AI canIs of the view that AI can, if developed adequately, be a force for good for all European citizens, and offer significant benefits and value for the economy, safety, security, education, healthcare, transport and the environment; believes the security, inclusiveness, accessibility and fairness, especially for groups in vulnerable situations,of consumers considered as vulnerable of AI- driven products and services need to be ensured;
Amendment 102 #
2020/2216(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Supports the expected Revision of the General Product Safety Directive announced in the Commission’s New Consumer Agenda, underlines that the revision of the Directive must go hand in hand with a revision of the Product Liability Directive in order to adapt both Directives to the digital economy;
Amendment 106 #
2020/2216(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that while AI offers great potential, it can also present certainhigh risks due to issues such as bias and opacity;
Amendment 115 #
2020/2216(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that a lack of consumer trust and confidence can holds back the widespread adoption of AI;
Amendment 132 #
2020/2216(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that, while to varying degrees, AI is already subject to current European legislation, andAI raises new, so far unresolved, legal questions that affect consumers and thus calls on the Commission to issue clear guidance on the functioning and synergy between any current applicable legislation and any proposed new measures; considers it important not to over-regulate AI;
Amendment 135 #
2020/2216(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Points out that the use of self- learning algorithms enables businesses to gain a comprehensive insight about consumer’s personal circumstances and behaviour patterns, allowing them to tailor their advertising and contract terms to specific profiles thus exploiting consumer’s willingness to purchase goods and services as well as deploying scoring systems to decide whether a specific consumer can purchase a product or take up a service; thus calls on the Commission to comprehensively regulate AI technologies and to forbid an unfair or abusive use of such systems;
Amendment 144 #
2020/2216(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes the regulatory framework needs to build public trust in AI while allowing companies to develop automated systems without losing the confidence of their customercomprise safeguards and follow a precautionary approach to the development and use of AI and automated decision making systems as well as a more gradual establishment of risks and corresponding legal requirements including a right of information about the use of AI and automated decision making as well as preventive impact assessments in order to allow the banning of highly dangerous technologies; believes also that the regulatory framework should ensure transparency, accountability and provide for clear communication of the relevant requirements to both consumers and regulatory authorities;
Amendment 151 #
2020/2216(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such a framework should be based on an ethical, human- centric and principle-based approach throughout the design, development and life cycle of AI products based on the preservation of fundamental rights and the principles of transparency, explainability (when relevant), and accountability;
Amendment 158 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could help imponce clear legal rules and enforcement mechanisms are in place, the role of a trustworthy label could be considered while at the same time it is important to bear in mind that the information asymmetry inherent to algorithmic learning systems, makes the rovle consumer trustof labelling schemes very complex;
Amendment 159 #
2020/2216(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that a voluntary labelling scheme for trustworthy AI, based on clear and common guidance drawn up by the Commission, could improve transparency of AI-based technology and help improve consumer trust;
Amendment 170 #
2020/2216(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. cCalls on the Commission and the Member States to makconsider the use of innovative regulatory tools such as ‘regulatory sandboxes’ to help provide a clear path to scale-up for start-ups and small companies, regardless of the risk profile of their productcalls that such tools must be considered by making use of the precautionary principle; believes that these tools canshould help encourageing innovation without any detriment to consumer protection;
Amendment 176 #
2020/2216(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Believes that the use of high-risk AI should follow a precautionary approach and be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that this will be decisive for ensuring safety and security, data and consumer protection, public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed and re-evaluated, given the fast pace of technological development;
Amendment 182 #
2020/2216(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialisEU-certified review boards for AI products and services in the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI- based projects;
Amendment 198 #
2020/2216(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to update the existing liability framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence and urges the Commission to update inter alia the Product Liability Directive, in particular by redefining the terms ‘product’, ‘damage’ and ‘defect’ and reversing the concept of ‘burden of proof’, and calls on the Commission to introduce a liability regime that is based on the proportion of control the party holds over the risk of the operation taking into account the development and the deployment phase and ensure compensation for non-material damages caused by AI;
Amendment 199 #
2020/2216(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Notes that the development of AI technologies is expected to take diverse forms depending on the economic sector in question or the intended use; asks the Commission to consider the creation of a European Observatory of AI in order to monitor the different development of AI technologies at European and Member States’ level and better inform authorities and policy makers on emerging social, economic and legal issues to be addressed;
Amendment 201 #
2020/2216(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33b. Considers that AI can, if developed and deployed adequately, be a formidable enabling technology but which can nonetheless pose serious challenges to the European environmental objectives set out in the Green Deal; highlights that studies have shown that training a single AI model can emit carbon dioxide in amounts comparable to that of five cars over their lifetimes; calls on the Commission to take into account the environmental footprint of AI technologies, including in their development phase, in order to ensure that the development of AI is in line with our European environmental objectives;
Amendment 3 #
2020/2194(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises that the agencies have significant influence on policy- and decision-making, and programme preparation and implementation in areas of vital importance to Union citizens’ daily lives, such as health, safety, security, freedom and justice; reiterates the importance of agencies in addressing specific policy needs and to reinforce European cooperation; notes that the agencies can also act as frontrunners to solve crisis situations or long-term societal challenges;
Amendment 50 #
2020/2194(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes with concern that it remains the case that not all agencies have published on their websites the CVs and the declarations of interest for members of the management boards, executive leadership and seconded experts; regrets the fact that some agencies still publish declarations of absence of conflicts of interests; highlights that it is not up to the board members or executives to declare themselves to have an absence of conflicts of interests; reiterates its calls for a unified model of declarations of interest to be implemented by all agencies; stresses the importance of establreinforcing the exishting an independent ethics body to assessrules, improving their implementation and encouraging the homogenisation to assess or deal with conflict of interest and revolving door situations throughout the institutions, agencies and other bodies of the Union; urges the Member States to ensure that all seconded experts publish their respective declarations of interest and CVs on the respective agency websites;
Amendment 53 #
2020/2194(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Notes with concern that not all agencies report the meetings that the agencies’ staff has with external stakeholders, in particular the management level’s meetings with organisations and self-employed individuals; calls on the agencies to report and to make available the meetings on the agencies’ website in order to enhance the transparency of their activities;
Amendment 63 #
2020/2194(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Emphasises the importance of sustainability reporting in all Union agencies; notes with concern that only one Union agency, the European Union Intellectual Property Office, publishes a sustainability report; reiterates its call on the agencies to integrate sustainability in their reporting systems;
Amendment 19 #
2020/2190(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its growing concern over the adverse opinion of the Court on the legality and regularity of expenditure due to the fact that the expenditure accepted in the accounts for the year ended 31 December 2019 is materially affected by error;
Amendment 1 #
2020/2180(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes the appointment of a new executive director on 16 June 2019; welcomes the detailed follow-up report by the Office on the observations of Parliament for the financial year 2019, in particular the steps made in the area of procurement with the successful conclusion of the framework contract for temporary agency workers in Italy that was awarded in 2019 and its full compliance with Union procurement rules; notes the corrective measures introduced in order to improve the governance structure and to restore transparency and the reputation of the Office;
Amendment 9 #
2020/2180(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that additional indicators were adopted by the Management Board on 7 June 2019, subsequently amended on 18 February 2020, which call for quarterly reporting to the Management Board in the following areas: implementation of the EASO Work Programme, budget and finance, human resources, staff engagement, internal controls, and procurement;
Amendment 18 #
2020/2180(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that the Agency has adopted the policy on protecting the dignity of the person and preventing harassment in 2019;
Amendment 19 #
2020/2180(DEC)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Notes the Office’s reply that 81 % of posts were filled in 2019 (representing an increase of 7 % as compared with 2018) and that turnover has decreased from 10 % in 2018 to 7 % in 2019;
Amendment 21 #
2020/2180(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the Office’s reply to the discharge authority on the declaration of interests, which stated that all staff sign a declaration of interests upon entry into service; notes that the declaration of interests ofand CVs of all members of the management board and the executive director hasve been published on the Office’s website; calls on the Office to publish the declarations of interests and CVs of the other senior management members on its website and to report to the discharge authority on the measures taken in this regard;
Amendment 27 #
2020/2180(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the adoption of Guidelines on Whistleblowing on 20 September 2019;
Amendment 29 #
2020/2180(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the adoption of a new organigram by the Office’s management board on 26 November 2019; acknowledges the reinforcement of the Office’s governance structures, including the responsibilities of the executive office; stresses the importance to further strengthen the procurement function, in the light of the Court’s ongoing findings regarding irregular procedures and associated payments; notes the Office’s reply to the Court’s finding and the measures taken by the Office to prevent a recurrence of these failures;
Amendment 9 #
2020/2178(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the BEREC Office’s existing measures and ongoing efforts to secure transparency and prevention and management of conflicts of interest; acknowledges that CVs of most of the board members are published on its website; however, points out with concern that the BEREC Office still does not publish the CVs and the declarations of interest of all board members on its website; calls on the BEREC Office to publish the CVs and declarations of interest of all the members of the management board and to report to the European Parliament on the measures taken in that regard;
Amendment 10 #
2020/2178(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes with satisfaction that the BEREC Office has established new rules on preventing and managing conflicts of interest concerning the members of the management board (Decision No MB/2019/16), based on the new rules the board members must submit their CVs together with the declarations of interest, which are published on the BEREC Office’s website; however, notes that not all members of the board follow the new rules; calls on the BEREC Office to take appropriate measures to ensure that internal rules are followed at all levels in the organisation;
Amendment 1 #
2020/2177(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Agency succeeded in the adoption of significant decisions, opinions and recommendations in the Union electricity and gas markets resulting from the adoption of the Regulation (EU) no 1227/20112 on wholesale energy market integrity and transparency (REMIT); notes with concern that some tasks were deprioritised or not executed due to a lack of resources; _________________ 2Regulation (EU) no 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326 8.12.2011, p. 1)
Amendment 11 #
2020/2177(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the fact that the Agency received additional resources in the context of the “Clean Energy for All Europeans” package;
Amendment 12 #
2020/2177(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that the Agency has adopted a decision on the policy on protecting the dignity of the person and preventing harassment, that several trainings were organised for information and awareness raising of staff and that the training is compulsory for all newcomers; notes that one alleged harassment case was reported, but none was investigated nor taken to court;
Amendment 17 #
2020/2177(DEC)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes the Agency’s reply to the Court’s finding and the measures taken by the Agency to prevent a recurrence of irregular procurement procedures;
Amendment 19 #
2020/2177(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes with satisfaction that the CVs and the declarations of interest of the Administrative Board and senior management are published on the Agency’s website;
Amendment 21 #
2020/2177(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Welcomes the Agency’s efforts to provide a cost-effective and environmentally-friendly workplace;
Amendment 22 #
2020/2174(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WNotes with satisfaction that the declarations of interest and the CVs of the senior management and of all members of the management board are published on the Authority’s website; welcomes the extension of the scope of conflicts of interest to non-staff beyond the board of supervisors and management board, to include the anti- money laundering standing committee, the resolution committee and independent panels, including panels investigating breaches of Union law;
Amendment 35 #
2020/2174(DEC)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the efforts made to increase the Authority’s cyber security and data protection, especially as regards the training campaign for the entire statutory staff;
Amendment 6 #
2020/2172(DEC)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Notes with concern that the staff turnover rate of the Agency was 11,7 % in 2019; notes the Agency’s reply that the turnover rate was the result of the high number of resignations and number of contracts ending in 2019 and that the Agency has closely monitored the situation; calls on the Agency to report to the discharge authority on the measures taken in this regard;
Amendment 10 #
2020/2172(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes that the Agency has adopted a policy on protecting the dignity of the person and preventing harassment; notes that two cases of alleged psychological harassment and related inappropriate behaviour were reported and subsequently investigated by means of a formal administrative inquiry in 2019 and a decisionon the outcome was to be taken in 2020; calls on the Agency to report to the discharge authority on the findings of the inquiry;
Amendment 18 #
2020/2172(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the Agency’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest, and whistleblower protection and the fight against harassment; notes that two cases of alleged psychological harassment and related inappropriate behaviour were reported and subsequently investigated by means of a formal administrative inquiry in 2019 and a decision on the outcome was to be taken in 2020; notes that; notes that the CVs and declarations of interest of some of the members of the Agency’s management board have not been published on the Agency’s website; calls on the Agency to publish the CVs and declarations of interest of some ofall the members of the Agency’s management board have not been published on the Agency’s websiteand to report to the discharge authority on the measures taken in this regard;
Amendment 7 #
2020/2170(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Agency’s efforts to provide a cost-effective and environmentally-friendly workplace and to reduce and offset its CO2 emissions; notes with satisfaction that the Executive Director of the Agency has pledged the Agency to be carbon neutral by 2030;
Amendment 22 #
2020/2170(DEC)
8. Notes that the Agency has an anti- harassment policy and related guidelines in place; acknowledges that it organised training sessions and made confidential counselling available, furthermore, notes that a pilot project with mediation in teams that have experienced conflicts was started in 2019; notes that the Agency had one informal harassment procedure in 2019;
Amendment 27 #
2020/2170(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that the Agency publishes on its website the CVs of all members of the Management Board and its Committees, including those of its chairs who are the Agency’s members of staff, the Executive Director and all members of the Board of Appeal; welcomes that the Agency publishes the declarations of interest of all members of the Management Board, the senior management and the Committee Chairs on its website;
Amendment 29 #
2020/2170(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. NotWelcomes the further steps taken in order to enhance transparency and whistleblower protection, such as mandatory online training courses on whistleblowing for all staff, and a continued focus on awareness of ethics, procurement and contract management and information security; according to the Agency, all meetings of its senior management with stakeholders are registered and published on its website to ensure that there is full transparency;
Amendment 12 #
2020/2169(DEC)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Encourages the Agency to develop a long term human resources policy framework which addresses the work-life balance of its staff, lifelong guidance and career development, gender balance, teleworking, non-discrimination, geographical balance and the recruitment and integration of people with disabilities; notes that the Agency is preparing a wide- range Human Resources strategy to be completed by the end of 2020;
Amendment 14 #
2020/2169(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges the Agency’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest, and whistle-blower protection; notes that some of the Agency’s administrative board members’ CVs and declarations of interest are not published on the Agency’s website; calls on the Agency to publish the CVs and the declarations of interest of all the members of the administrative board and to report to the discharge authority on the measures taken in this regard;
Amendment 17 #
2020/2169(DEC)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes the continuation of steps taken in order to enhance the transparency of the Agency’s activities by reporting the meetings that the Agency’s staff has with external stakeholders, in particular the director’s meetings with organisations and self-employed individuals, and their availability on the Agency’s website;
Amendment 13 #
2020/2168(DEC)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Welcomes the Agency’s efforts and new measures introduced to attract, recruit and retain highly competent staff;
Amendment 22 #
2020/2168(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that not all CVs of administrative board members have been published on the Agency's website; reiterates its calls on the Agency to publish the CVs of all the members of the administrative board and to report to the discharge authority on the actions taken in that regard; notes that the administrative board secretariat as well as the internal control coordinator reminds and urges administrative board members to submit missing documents and that declarations of interest of administrative board are stored on the Agency’s document management system;
Amendment 3 #
2020/2166(DEC)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes with satisfaction that the Agency has successfully delivered its mandate, and in some cases exceeded the objectives set in its annual work programme for 2019;
Amendment 17 #
2020/2166(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the Agency’s existing measures and ongoing efforts to secure transparency and prevention and management of conflicts of interest, and to ensure the protection of whistleblowers; expresses satisfaction that the Agency has set up and implemented a Code of Administrative Behaviour and guidelines on whistleblowing in 2019 and that declarations of interest and the CV’s of management board members and senior management are published on the website;
Amendment 24 #
2020/2166(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes with concern that the Agency does not have a policy regarding cyber security and protection of digital records in its possession which in current times is very important; acknowledges that in 2020 the Agency initiated the process to implement the advanced records management system (ARES) as a document management system together with the partner agency EIT; calls on the Agency to report to the discharge authority regarding the progress of implementation;
Amendment 28 #
2020/2166(DEC)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Notes that the Agency managed in 2019 to connect with a wider demographic of people by reinforcing its presence in social media;
Amendment 8 #
2020/2165(DEC)
5 b. Notes that the Agency has adopted the policy on protecting the dignity of the person and preventing harassment, confidential counsellors are promoted and staff are encouraged to address their issues to them; notes that one alleged harassment case was reported, but none was investigated nor taken to court;
Amendment 9 #
2020/2165(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Agency has published the declarations of interests of the management board and senior management, and the CVs of its management board members and of its executive director on their website; calls the Agency to publish the CVs of its senior management and to report to the discharge authority on the measures taken in that regard;
Amendment 10 #
2020/2165(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 1 #
2020/2164(DEC)
Motion for a resolution
Paragraph 3
Paragraph 3
3. NotWelcomes that the Agency has signed a service level agreement with the European Centre for the Development of Vocational Training, in order to obtain more efficiency through services sharing, knowledge sharing and exchange of best practices, especially in the following fields: IT tools, human resources management, procurement and business continuity;
Amendment 4 #
2020/2164(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Notes the Agency’s reply to the Court’s findings and the measures taken by the Agency to prevent a recurrence of these failures;
Amendment 5 #
2020/2164(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the Agency’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest and notes that the CVs of the members of the management board and their declaration of conflicts are being published on its website; notes that the Agency does not publish the senior management’s declaration of conflicts of interest oorand CVs on its website, with the exception of those of the executive director; calls the Agency to publish the declarations of conflicts of interest and the CVs of its senior management and to report to the discharge authority on the measures taken in that regard;
Amendment 7 #
2020/2164(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes regarding the audit of the Commission’s internal audit service (IAS) on ‘Stakeholders’ involvement in the production of deliverables in ENISA’ that one important recommendation is still pending as relevant procedures needed to be revised and approved internally;
Amendment 13 #
2020/2161(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the Agency’s existing measures and ongoing efforts to ensure transparency; prevention and management of conflicts of interest, and whistleblower protection; notes that in 2019 the Agency identified several cases of potential conflicts of interest but in most cases the conflicts of interest risk were addressed through the application of specific mitigating measures, with the remaining cases not requiring any mitigating measure to be taken; acknowledges that CVs and declarations of interest of most board members are published on its website, however, points out that the Agency failed to publish the CVs and declarations of interest of all board members on its website; calls on the Agency to publish the CVs and the declarations of interests of all the members of the management board and to report to the discharge authority on the measures taken in this regard;
Amendment 14 #
2020/2161(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that 72 % of the Agency’s income consists of fees; takes note of the Agency’s view that the fact that applicants pay fees does not necessarily imply a conflict of interest; calls on the Agency to develop preventive measures and regularly assess the staff involved in opinion-making to ensure there is independence;
Amendment 17 #
2020/2161(DEC)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Acknowledges the Agency’s measures taken to mitigate all risks associated to the United Kingdom’s decision to withdraw from the European Union; notes that the Agency cooperated closely with the European Commission during the negotiations with the United Kingdom and that the risk of disruption of aviation activities disappeared with the conclusion of the withdrawal agreement, which entered into force on 31 JanFebruary 201920; notes that the Agency has evaluated the effect of the UK's withdrawal from the Union on human resources, concluding that only a relatively small number of staff members might be affected (less than 10);
Amendment 19 #
2020/2161(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes with satisfaction that the Agency has taken many actions in 2019 in order to increase their cyber security and protection of the digital records in its possession;
Amendment 1 #
2020/2160(DEC)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the Agency closely cooperates with other Union agencies such as with the European Fisheries Control Agency, the European Border and Cost Guard Agency and the European Monitoring Centre for Drugs and Drug Addiction;
Amendment 8 #
2020/2160(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 9 #
2020/2160(DEC)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes with concern the finding of the Court that weaknesses were identified in recruitment procedures concerning the application of the principle of equal treatment and/or transparency and lack of audit trail in the Agency;
Amendment 3 #
2020/2156(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes that the Centre agreed in the framework of its two-year Transformation Plan on a cooperation programme with the European Union Intellectual Property Office consisting of 5 IT projects which are not only of strategic importance for both organisations, but will also be of benefit to other EU Agencies;
Amendment 5 #
2020/2156(DEC)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights that the Centre has extended its client portfolio by signing cooperation agreements with the European High-Performance Computing Joint Undertaking, the European Labour Authority and the Directorate-general for Internal Market, Industry, Entrepreneurship and SMEs;
Amendment 9 #
2020/2156(DEC)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that the Centre has adopted the policy on protecting the dignity of the person and preventing harassment; notes with appreciation that in 2019, the Centre adopted new Guidelines for Managerial Development, which included a training on harassment prevention in the career path of all the senior and middle managers, Heads of section and potential managers;
Amendment 11 #
2020/2156(DEC)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes with concern that the Centre opted to publish only declarations of interests and not the CVs of its management board due to its size (approximately 130 members and alternate members); draws attention to the fact that other agencies publish the CVs of the members of the management board even if the size is bigger than that of the Centre; calls, therefore, on the Centre to publish the CVs of all the members of the management board and to report to the discharge authority on the measures taken in this regard; notes that the director’s CV and declaration of interests have been published on the Centre’s website;
Amendment 14 #
2020/2156(DEC)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Welcomes the Centre’s efforts to provide a cost-effective and environmentally-friendly workplace and to preferably reduce and offset its CO2 emissions in the areas of premises and travel;
Amendment 1 #
2020/2155(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the budget monitoring efforts during the financial year 2019 resulted in a budget implementation rate of 97,84 %, representing a decrease of 1,74 % compared to 2018; regretstakes note that the payment appropriations execution rate was at 76,33 %, representing an increase of 8,52 % compared to the previous year;
Amendment 3 #
2020/2155(DEC)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes that the Agency has regular coordination and cooperation with the European Centre for the Development of Vocational Training, the European Foundation for the Improvement of Living and Working Conditions and the European Training Foundation; encourages the Agency to continue this collaboration which allows for creating synergies, sharing knowledge, expertise and best practises across the agencies, as well as avoiding overlaps by providing a common space where agencies can consult each other on the fulfilment of their mandate;
Amendment 6 #
2020/2155(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Takes note that the cross-cutting evaluation of the Union agencies under the remit of DG EMPL suggested a number of recommendations for each of the agencies, but none of them would have required changes to the legislative proposal of the Commission, neither suggested merging or co-locating agencies;
Amendment 10 #
2020/2155(DEC)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges the Agency’s existing measures and ongoing efforts to ensure transparency and the prevention and management of conflicts of interest; notes with concern that the CVs of the management board members are not published on the Agency’s website; notes further that not all management board members’ declarations of interest, indicating the acceptance date, are published on the Agency’s website; calls on the Agency to publish the CVs and the declarations of interest of all the members of the management board and to report to the discharge authority on the measures taken in this regard;
Amendment 4 #
2020/2150(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Takes note that the cross-cutting evaluation of the Union agencies under the remit of the Directorate-General for Employment suggested a number of recommendations for each of the agencies, but none of them would have required changes to the legislative proposal of the Commission, neither suggested merging or co-locating agencies;
Amendment 5 #
2020/2150(DEC)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Centre has continued theregular coordination and cooperation with the European Training Foundation, the European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work; encourages the Centre to continue this collaboration which allows for creating synergies, sharing knowledge, expertise and best practices across the agencies, as well as avoiding overlaps by providing a common space where agencies can consult each other on the fulfilment of their mandate; welcomes the new Service Agreement with European Union Agency for Cybersecurity, in particular in the field of digitalisation, procurement, data protection and HR, and encourages the Centre to continue to pursue synergies;
Amendment 11 #
2020/2150(DEC)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 17 #
2020/2150(DEC)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the Centre’s existing measures and ongoing efforts to secure transparency, prevention and management of conflicts of interest and whistle-blower protection; points out however, that the publication of 22 declarations of conflicts of interest and CVs from 163 Members and alternates are still pending;
Amendment 18 #
2020/2150(DEC)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes the absence of some declarations of interest and CVs of the management board and reiterates that all members and alternates who attend management board meetings, or exercise the right to vote, must submit a declaration of interest; calls on the Centre to publish the declarations of interest and the CVs of all the members of the management board and to report to the discharge authority on the measures taken in this regard;
Amendment 19 #
2020/2150(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the Centre’s executive director, as authorising officer, has delegated the powers of budget implementation to the deputy director and heads of departments; notes that the deputy director’s delegation has no capped amount for transactions, while the delegation to the head of department for resources and support is capped at EUR 1 500 000 per transaction concerning Title 1 (Staff expenditure), with other delegations limited to the appropriations available under the specific budget lines and up to the ceiling of EUR 1 000 000 per transaction; recommends towelcomes that the Centre sets financial caps for delegations in such a way that the need for flexibility is balanced with the need for oversight and hierarchical control over transactions;
Amendment 2 #
2020/2140(DEC)
Proposal for a decision 1
Paragraph 1
Paragraph 1
1. Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2019 / Postpones its decision on granting the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2019;
Amendment 14 #
2020/2140(DEC)
Motion for a resolution
Recital A
Recital A
A. the Union budget is a significant instrument for achieving common policy objectives, and on average represents 2,1 % of the Member States’ general government expenditure and total public spending in the Union1.0% of EU gross national income;
Amendment 20 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights, with regard to the implementation of the Union budget, the importance of complying with the principle of sound financial management as enshrined in Article 317 of the Treaty on the Functioning of the European Union (TFEU);,), as well as the importance of achieving programmes priorities and objectives which contribute to strengthening the European integration and creating an ever closer Union .
Amendment 41 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Encourage the Commission to continue attaching the highest importance to the sound financial management of the EU budget, in particular through putting in place multiannual control strategies designed to prevent, detect and correct errors, as well as to continue carefully monitoring the implementation of the EU budget and to take immediate steps to correct the errors and to recover the funds incorrectly spent by Member States, intermediaries or final beneficiaries;
Amendment 42 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Considers, in line with the Commission's endeavour, that it is of utmost importance to strike the right balance between low level of errors, fast payments, reasonable costs of controls and added value of the EU Budget;
Amendment 43 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Stresses the crucial role of the EU policies and instruments for their realisation in the areas of cohesion, agriculture and rural development, research and innovations, home affairs and external relations for reducing disparities between Member States and regions, for promoting economic growth and employment, for combating poverty and social exclusion, for upholding and promoting EU values, security and justice for its citizens within the Union and in the wider world;
Amendment 44 #
2020/2140(DEC)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Welcomes that the Commission, as manager of the EU budget, appropriately tailors its common methodology to the specificities of the risk, control and management environments of the different spending areas, in order to effectively fulfil its reporting obligations and protect the EU Budget;
Amendment 54 #
2020/2140(DEC)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the major increase of the EPPO’s budget and staff with regard to the initial proposal; reminds the Commission the key role of the EPPO in protecting the EU recovery plan in the years to come; calls on the Commission and the budgetary authorities to secure sufficient resources for the EPPO as requested by the European Chief Prosecutor;
Amendment 89 #
2020/2140(DEC)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Acknowledges that the financial management of the EU budget has improved over time and that the error levels have decreased to ranges getting closer to the 2% materiality threshold in the recent years, except in some specific policy areas;
Amendment 90 #
2020/2140(DEC)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply regrets, however,Is concerned that for the first time in four years the Court had tos issued an adverse opinion on the legality and regularity of the expenditure underlying the accounts;
Amendment 92 #
2020/2140(DEC)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 93 #
2020/2140(DEC)
Motion for a resolution
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Notes that the reasons for the adverse opinion are: on EU expenditure is the conclusion of the Court that the level of errors mainly in reimbursement-based payments is pervasive, and that due to the way the EU budget is composed and evolves over time, high risk expenditures in 2019 represents more than half of the audited spending (53,1%),in which the material error continues to be present at an estimated rate of 4,9% (compared to 4,5 % in 2018 and 3,7 % in 2017);
Amendment 94 #
2020/2140(DEC)
Motion for a resolution
Paragraph 8 – point a
Paragraph 8 – point a
Amendment 95 #
2020/2140(DEC)
Motion for a resolution
Paragraph 8 – point b
Paragraph 8 – point b
Amendment 101 #
2020/2140(DEC)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Deeply regretsTakes note of the Court’s observation that the Commission’s particular role, as reflected in its methodology, and weaknesses in ex- post checks, which are a critical part of the control system, affects the Commission’s estimates of errors; notes that Commission’s risk at payment for 2019, set at 2,1% as reported in its Annual Management and Performance Report (AMPR), is within the range of the ECA’s estimated level of error for the three most significant spending areas - competitiveness, cohesion and natural resources;
Amendment 106 #
2020/2140(DEC)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Court provided in 2019 specific error rates for four MFF headings: ‘Competitiveness’ (4.0%), ‘Cohesion’, (4,4%),‘Natural resources’(1,9 %) and ‘Administration’; points out that, in 2019, the Court found the highest estimated level of error in spending under ‘Economic, social and territorial cohesion‘ (4,4 % (an estimated level of error below the materiality threshold);
Amendment 112 #
2020/2140(DEC)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Draws attention that the general estimate of the level of error in the EU budget, as presented in the Court’s Statement of Assurance, is neither a measure of fraud nor of inefficiency or waste, but it is an estimate of the money that should not have been paid out because it was not used in accordance with the applicable rules and regulations; notes that in 2019 the Court reported to OLAF 9 instances of suspected fraud found during its audits (also 9 in 2018),from which OLAF has opened 5 investigations and decided not to open an investigation in 4 cases;.
Amendment 116 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15
Paragraph 15
15. RegretNotes the adoption of three amending budgets in 2019, adding EUR 0,4 billion to commitment appropriations and EUR 0,3 billion to payment appropriationswhich refer to the following;
Amendment 117 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15 – point i (new)
Paragraph 15 – point i (new)
(i) Amending Budget (AB) No1/2019 entered the surplus of EUR 1 802 988 329, resulting from the implementation of the budget year 2018, as revenue in the 2019 budget; this amount has reduced the annual GNI contributions for Member States;
Amendment 118 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15 – point ii (new)
Paragraph 15 – point ii (new)
(ii) Amending Budget (AB) No 2/2019 provided an additional EUR 100 million of commitment appropriations to Horizon2020 and Erasmus+ as decided by the European Parliament and the Council in their agreement on the budget 2019
Amendment 119 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15 – point iii (new)
Paragraph 15 – point iii (new)
(iii) Amending Budget (AB) No 3/2019 entered the necessary commitment and payment appropriations for the mobilisation of the European Union Solidarity Fund (EUSF) amounting to EUR 293 551 794 which aimed to provide assistance to Romania, Italy and Austria following natural disasters that took place in these Member States in the course of 2018:
Amendment 123 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Acknowledges that given the multi-annual nature of its expenditure and of its control strategies, the Commission may apply corrections until the closure of the funding programme; notes furthermore that while errors may be detected in a given year, they are corrected in the current or in subsequent years after the payment was made – up until the moment of closure; calls therefore on the Commission and Member States to continue exercising their corrective capacity, and the Commission to use the supervisory tools at its disposal, in line with its obligations under the different sectorial legal bases, in order to bring the real risk at closure ultimately well below 2% and closer to 0%;
Amendment 124 #
2020/2140(DEC)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Notes that in 2019 the corrective measures confirmed by the Commission amounted to EUR 1.5 billion (25% higher than in 2018), relating mainly to errors affecting payments made in previous years.
Amendment 125 #
2020/2140(DEC)
Motion for a resolution
Paragraph 16
Paragraph 16
16. RegretsNotes with concern the fact that outstanding commitments have continued to grow, reaching EUR 298,0 billion at the end of 2019 (compared to EUR 281,2 billion in 2018); notes that the Court has identified the reasons for the continuing rise, such as the overall increase in the size of the EU budget over time; notes that the level of payment appropriations in the annual budgets has been noticeably lower than the MFF ceiling in recent years, which might lead to higher payment needs in the future; notes the commitment of the Commission to conduct a thorough analysis of the payment appropriations needed until the end of the year during the global transfer exercise in order to make a proposal to the budgetary authority if reinforcements are needed;
Amendment 129 #
2020/2140(DEC)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that according to the Court, the overall absorption rate of ESIF (European Structural Investment Funds) was lower than in the corresponding year of the previous MFF, as by the end of 2019, out of the total ESIF allocations for the current MFF (EUR 465 billion), only 40 % had been paid out to Member States (compared with 46 % by the end of 2012); notes that only nine Member States had higher absorption rates under the current MFF than under the previous one, andhighlights the Commission’s explanation that the slower absorption rate is related to the late adoption of the Common Provisions Regulation (CPR), the time needed for authorities to set up an effective delivery programme and compliance systems, and the changes introduced in the regulations in the 2014- 2020 programming period, such as the high level of annual prefinancing and the new rule for automatic decommitments (n+3); notes that overall the speed of absorption in 2019 stayed almost exactly the same as in 2018;
Amendment 132 #
2020/2140(DEC)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recalls that the absorption rate expresses the extent to which EU funds allocated to Member States have been spent on eligible projects, which is one of the preconditions and indications of effective future absorption; stresses, in this regards, that since the end of 2018 the project selection rate remains ahead of the same reference period in 2007-2013; emphasises, furthermore, that by end June 2020, nearly all (99,2%) the EUR 350 billion in total cost were allocated to nearly 515 000 projects;
Amendment 134 #
2020/2140(DEC)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes furthermore that by the start of 2019, after the current MFF had been in place for five years, only approximately 17 % of the total ESI funding committed through Financial Instruments under Shared Management (FISMs) had reached its final recipient; notes, however, that by mid-September 2020 the 42% of amounts allocated to financial instruments were effectively paid and, therefore, available for investments into final recipients; welcomes, furthermore, that 59% of the available capital for FISMs had reached final recipients or was used for eligible costs;
Amendment 137 #
2020/2140(DEC)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that, as in previous years, substantial amounts of unused annual ESIF pre-financing, due mainly to delays in implementation, was returned to the Union budget (EUR 7,7 billion in 2019), due mainly to delayas assigned revenue; points out that EUR 5,0 billion of that amount was used to make payments ion implementationclaims from Member States over and above the approved budget for the year under the relevant ESIF budget lines, which has prevented them from being cancelled;
Amendment 139 #
2020/2140(DEC)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Acknowledges that shared management is instrumental for the implementation of the ESIF which in turn relays upon an efficient administrative collaboration between the Commission and the Member States; underlines the Court’s observation that the risk of error is high for expenditure subject to complex rules; welcomes the substantial improvements in this regard over the last ten years due inter alias to the Commission’s efforts and the recommendations of both the Court and the Parliament; encourages the Commission to move towards simplification and performance orientation;
Amendment 141 #
2020/2140(DEC)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 150 #
2020/2140(DEC)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Welcomes the Rule of Law Regulation on a general regime of conditionality for the protection of the Union budget to protect CAP and Cohesion spending; underlines that the Regulation entered into force on1 January 2021; urges the Commission do its utmost to fully apply the Regulation without delay; recalls that the Parliament can hold the Commission to account with regard to its application of the Regulation, including any unjustified delays, through an action for failure to act under Article 265 TFEU;
Amendment 151 #
2020/2140(DEC)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Is concerned about the financial loss caused by generalised deficiencies as regards the rule of law in a number of Member states; expects the Commission to employ all instruments at its disposal to suspend, reduce and restrict access to the Union's funding in such cases, including the use of the Rule of Law Regulation;
Amendment 163 #
2020/2140(DEC)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Welcomes the Court's observation that the Commission has started making systemic performance assessments and analysis leading to conclusions on the achieving of the programmes’ objectives; notes with satisfaction that the Court considers this as a significant positive step towards clearer, more transparent and comprehensive annual reporting on programme performance;
Amendment 172 #
2020/2140(DEC)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines that according to the Financial Regulation, sound financial management implies effectiveness, efficiency and economy, and that the Commission and the Member States should ensure a focus on all three elements;
Amendment 184 #
2020/2140(DEC)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Observes that, for 2019, the Commission’'s estimate for the overall risk at closure was at 0,7 % (compared to 0,8 % in 2018) of the relevant expenditure; notes that due to the higher risk at payment in relation to cohesion spending, the overall risk at payment estimated by the Commission was higher than in previous years, at 2,1 % for 2019 (compared to 1,7 % in 2018), but as the estimated future corrections were also higher (1,4 %, compared to 0,9 % in 2018), the Commission arrived at a stable risk at closure, and with an estimate of risk at closure of less than 2 %, the Commission considered that its multiannual control systems ensured effective protection of the Union budget; points out furthermore that in the Commission’s own estimate, the expenditure with risk at payment above the materiality threshold was very high at EUR 67 billion;
Amendment 185 #
2020/2140(DEC)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Notes that the Commission subdivides its portfolio for 2019 into lower-risk and higher-risk strata, using criteria recognised also by the Court and related to the nature of the funding, notably the difference between rather complex reimbursement-based schemes (higher risk expenditure with risk at payment above 2%) and fairly straightforward entitlement-based payments (lower risk expenditure with risk at payment below 2%); points out furthermore that the Commission estimates that the higher risk expenditure stands at EUR 67 billion(46%), thus affecting smaller part of the budget than the lower risk expenditure, which stands at EUR 80 billion (54%);
Amendment 193 #
2020/2140(DEC)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Notes the Court’s conclusion that the Commission's performance reporting is becoming more balanced and that both the AMPR and the programme statements complement their reporting on programme achievements including information on lagging behind areas and persisting challenges for programmes;
Amendment 203 #
2020/2140(DEC)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Notes with satisfaction that the Commission is improving its risk assessment for the planning of the inspections and continues to strive to close long outstanding open points rapidly, depending also on Member States’ cooperation;
Amendment 204 #
2020/2140(DEC)
Motion for a resolution
Paragraph 45
Paragraph 45
45. UnderlinNotes that two main systemic weaknesses concern thehe Commission’s TOR inspections and the Court’s work highlighted two main weaknesses in Member State’s controls to reduce the custom gap: - lack of Union- wide standards forharmonisation of the performance of customs controls for mitigating the risk of undervalued imports throughout the Customs Union,; as well the fact thatnd - inability of Member States are not able to identify the riskiest economic operators at Union level for post-release audits;
Amendment 210 #
2020/2140(DEC)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Acknowledges, however, that the Commission has made important steps to help identifying the riskiest economic operators at EU level for post-release audits, with the flagging of transactions considered to pose financial risk under the Financial Risk Criteria and the update of the Customs Audit Guide;
Amendment 211 #
2020/2140(DEC)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Welcomes that the Commission works closely with Member States to find solutions to identify importers operating in Member States other than where they are headquartered; calls on it for achieving further progress once an EU- wide database covering all imports is fully available.
Amendment 215 #
2020/2140(DEC)
Motion for a resolution
Paragraph 52
Paragraph 52
52. RegretNotes that, for the fourth year in a row, the Directorate-General for Budgets (DG BUDG) issued a reservation on the value of TOR collected by the United Kingdom, due to that country’s failure to make available to the Union budget evaded customs duties on textiles and footwear imports, while the scope of undervaluation fraud had extended further to Union Member States, which results in further potential TOR losses;
Amendment 219 #
2020/2140(DEC)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Points out the measures regarding the case of TOR collected by the United Kingdom which the Commission took in 2018 (a formal infringement procedure) and 2019 (referral of the Case to the Court of Justice of the EU); notes from the written answers of the Commission for the hearing in CONT on 11 January 2021 that the oral hearing took place on 8 December 2020 and while the date of the final judgment is fully under the discretion of the Court, the Commission does not expect a ruling before summer 2021; notes with satisfaction that BREXIT has no adverse effect on recovery of the claimed amounts as they relate to imports before the end of the transition period;
Amendment 224 #
2020/2140(DEC)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Finds it worryingNotes that of the 130 transactions examined, 51 (39 %) contained errors;
Amendment 225 #
2020/2140(DEC)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Is deeply concerned that based on the 28 errors the Court has quantified, ithe estimated the level of error is 4,0 %for 2019 at 4,0 %, which is an increase compared to 2018 (2%); recalls that this figure is close to the rates the Court found in 2015, 2016 and 2017;
Amendment 231 #
2020/2140(DEC)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Finds it very regrettableNotes that ‘unlawful/discriminatory selection/award criteria’ accounted for 16% of errors and that ‘ineligible other direct costs (VAT, travel, equipment)’ accounted for 15% of errors;
Amendment 234 #
2020/2140(DEC)
Motion for a resolution
Paragraph 63
Paragraph 63
Amendment 240 #
2020/2140(DEC)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Notes that research expenditure reimbursements based on claims submitted for costs incurred by the beneficiaries; notes that these claims are often subject to complex rules and can lead to errors as may be observed in the cases referred to by the ECA;
Amendment 241 #
2020/2140(DEC)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67 b. Considers therefore that reducing the error rate depends on a continuous simplification effort; welcomes the ECA’s acknowledgement of the Commission’s efforts to simplify the administrative and financial requirements of Horizon 2020;
Amendment 242 #
2020/2140(DEC)
Motion for a resolution
Paragraph 67 c (new)
Paragraph 67 c (new)
Amendment 243 #
2020/2140(DEC)
Motion for a resolution
Paragraph 67 d (new)
Paragraph 67 d (new)
67 d. Notes the Commission’s introduction of a sound system of ex-ante controls, which includes detailed automated checklists, written guidance and continuous training with the objective of reducing administrative burden allowing beneficiaries to focus on achieving their goals;
Amendment 251 #
2020/2140(DEC)
Motion for a resolution
Paragraph 68 – indent 4 a (new)
Paragraph 68 – indent 4 a (new)
- To focus on the rules of the calculation and declaration of personal costs in the communication campaign related to Horizon 2020
Amendment 257 #
2020/2140(DEC)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71 a. Reiterates its concern about the very imbalanced allocation of funds to researchers across Member States via Horizon 2020;
Amendment 267 #
2020/2140(DEC)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80 a. Recalls the need EIB to provide clear and accessible information on the economic, social and environmental impact and added value achieved by EFSI funded projects; stresses that the additionally assessment of all EFSI- supported projects should be duly documented;
Amendment 271 #
2020/2140(DEC)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Notes that preventive measures undertaken by DG REGIO in 2019 brought positive results and there was no necessity of suspending ERDF and CF payments in 2019 since the programme authorities applied the required remedial action plans on time and interruptions for 16 payments amounting EUR 1.1 billion (out of 20amounting to EUR 1.2 billion) were waived; notes furthermore that DG REGIO was able to close 12 out of 19 warning letters for corrective measures for cases of system deficiencies due to the implementation of the necessary exit points;
Amendment 272 #
2020/2140(DEC)
Motion for a resolution
Paragraph 83 b (new)
Paragraph 83 b (new)
83 b. Welcomes the positive follow up undertaken by the Commission to implement the Court’s recommendation from 2018 Annual Report and the started drafting of Closure Guidelines aiming to ensure that proper closure arrangements for the 2014-2020 period will be available in due time and in any case well before the closure in 2025;
Amendment 276 #
2020/2140(DEC)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Finds it worrying that on basisNotes the decrease in the estimated level of error for the Economic, social and territorial cohesion identified by the Court for 2019 (4.4%) compared to those for 2018 (5.0%) while the expenditure audited by the Court was higher in 2019 (EUR28.4 billion) than in 2018 (EUR 23.6 billion); Notes that of the 236 transactions examined, 29 errors had not been detected by audit authorities and 64 errors had previously been found by audit authorities and corrections applied by programme authorities (amounting to a total of EUR 334 million for both programming periods taken together), the Court estimates the level of error to be 4,4 %;; notes further that these errors concerned ineligible costs (39), public procurement (24) and missing supporting documentation (one error)
Amendment 278 #
2020/2140(DEC)
Motion for a resolution
Paragraph 85
Paragraph 85
Amendment 281 #
2020/2140(DEC)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Regrets the fact that 55 % of errors were made up by ‘Ineligible projects’; notes that there were five ERDF projects, from the 2014-2020 programming period, for which aid was granted to beneficiaries or operations that did not meet the eligibility conditions set out in the applicable regulation and OPs;Notes with concern that the majority of the errors are related to three main categories:
Amendment 282 #
2020/2140(DEC)
Motion for a resolution
Paragraph 86 – indent 1 (new)
Paragraph 86 – indent 1 (new)
- 55 % of errors were made up by ‘Ineligible projects’: there were five ERDF projects, from the 2014-2020 programming period, for which aid was granted to beneficiaries or operations that did not meet the eligibility conditions set out in the applicable regulation and OPs;
Amendment 283 #
2020/2140(DEC)
Motion for a resolution
Paragraph 86 – indent 2 (new)
Paragraph 86 – indent 2 (new)
- 24 % of errors were made up by ‘Infringements of internal market rules’ (such as infringements of state aid rules - 9% and serious on-compliance with public procurement rules - 15%);
Amendment 284 #
2020/2140(DEC)
Motion for a resolution
Paragraph 86 – indent 3 (new)
Paragraph 86 – indent 3 (new)
- 12% of errors were made up by ‘Ineligible expenditure’;
Amendment 285 #
2020/2140(DEC)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86 a. stresses that complex rules contribute to a higher risk of error; acknowledges the Commission’s efforts to continuously working on simplifying rules and increasing the use of simpler delivery mechanisms such as simplified cost options;
Amendment 286 #
2020/2140(DEC)
Motion for a resolution
Paragraph 87
Paragraph 87
Amendment 287 #
2020/2140(DEC)
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 289 #
2020/2140(DEC)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Is very concerned about the weaknesses found in the work of several18out of 116 audit authorities in the Member States covered by the Court’s sample, which currently limit the reliance that can be placed on that work (the recalculated rate was above the 2 % materiality threshold in nine out of 20 assurance packages for the 2014- 2020 period, the Commission adjusted the residual error rates for eight assurance packag; notes the Court observation that the Commission arrived at similar results for eight of these packages and adjusted the residual error rates to a figure above 2 %);
Amendment 291 #
2020/2140(DEC)
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89 a. Notes that the Commission reports, in the Annual Management and Performance Report and in the Annual Activity Reports of the concerned Directorates-General, an error range for cohesion policy, which is within the error range calculated by the ECA;
Amendment 293 #
2020/2140(DEC)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Shares the Court’s welcoming of the Commission’s and audit authorities’ joint initiative and coordinated efforts to improve the documentation of audit authorities work and the elaboration of a ‘Reflection paper on audit documentation’ in December 2019, which, although not mandatory, represents a first step in improving the way audit authorities perform and document their work;
Amendment 324 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 a (new)
Paragraph 94 – indent 2 a (new)
- continue consistently and extensively cooperating with the audit authorities to ensure robust control framework, improve the quality of the assurance work when needed and ensure the necessary detection and corrective capacities;
Amendment 325 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 – indent 2 b (new)
Paragraph 94 – indent 2 b (new)
Amendment 346 #
2020/2140(DEC)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94 a. Invites the Commission to continue providing guidance and support, as well as to identify and disseminate good practices to Member States;
Amendment 352 #
2020/2140(DEC)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96 a. Is pleased to see that in its first Annual Report on performance by the end of 2019 the Court gives ERDF programme performance overview as a positive example of clearly formulated conclusions on general objective; encourages DG REGIO to continue to present clear conclusions in the performance sections both for general and specific objectives, and invites other DGs to follow this good example and to improve their conclusions by making them more informative and clearer;
Amendment 353 #
2020/2140(DEC)
Motion for a resolution
Paragraph 97
Paragraph 97
Amendment 355 #
2020/2140(DEC)
Motion for a resolution
Paragraph 98
Paragraph 98
Amendment 358 #
2020/2140(DEC)
Motion for a resolution
Paragraph 99
Paragraph 99
99. Underlines that in cohesion policy, characterised by large-scale infrastructure projects, there can be a time lag between the start of the programme, its implementation and the realisation of outputs and results; finds it worrisome that progress is also likely to be affected by the relatively low levels of implementation in respect of cohesion policy, compared to the rest of Union budget; notes that these factors, together with the fact that the latest data available (in an implementation period lasting until the end of 2023) relates to the end of 2018, are outlined by the Court as making it harder at this stage for it to conclude on the achievement of the objectives;
Amendment 362 #
2020/2140(DEC)
Motion for a resolution
Paragraph 100
Paragraph 100
100. StressesTakes note of other factors relevant to the Court analysis of performance, which explain that Cohesion policy objectives, such as those relating to employment rates, economic development, and climate and energy, are heavily influenced by a wide range of national and external factors, in Europe and the world; underline, as well as that in many Member States, cohesion policy funding typically represents a small proportion of the funds dedicated to these issues, and so can have only a very limited impact on these Member States' progress towards meeting these objectives;
Amendment 364 #
2020/2140(DEC)
Motion for a resolution
Paragraph 101
Paragraph 101
101. Notes furthermore the Court’s observation regarding additional factors such as that the Union has at its disposal a range of policy tools for meeting its high- level cohesion policy objectives, of which the ERDF and CF constitute one part, that other funds and legislative initiatives are also designed to address the objectives, therefore, that it iswhich make it often not possible to distinguish the effects of different policy tools on the progress towards meeting targets;
Amendment 365 #
2020/2140(DEC)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Regrets that the Court’s analysis based on scarce available data as of the end of 2018 shows that of 72 indicators in total, only just above one third of the indicators are on track to meet their targets and that about half of the indicators are not on track and that for the remaining indicators it was not possible for the Court to conclude; regrets that of 9 indicators linked to the general objectives, only two are on track, meanwhile; notes, however, that about one third of the indicators haveing a mid- term milestone target set for 2018 the Court concludes that 70% have either been achieved or are likely to be achieved soon;
Amendment 376 #
2020/2140(DEC)
Motion for a resolution
Paragraph 107
Paragraph 107
107. Finds itself in agreement withIs concerned by the Court’s opinion that there are strong indications that the Union will not meet the 2030 climate and energy targets; notes that according to the Commission, there was only limited progress in the reduction of the negative environmental impacts stemming from the use of natural resources; highlights its agreement with the Courtthe Court observation that half of the Union Member States were at risk of not generating enough electricity from renewable energy to meet their 2020 targets; notes that in the Court’s landscape review of Union action on energy and climate change, the Court reported that the reduction in greenhouse gas emissions projected by Member States falls short of the 40 % target for 2030;
Amendment 378 #
2020/2140(DEC)
Motion for a resolution
Paragraph 108
Paragraph 108
Amendment 383 #
2020/2140(DEC)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Highlights that in this policy area all indicators are output ones: they mainly provide data about the programme’s implementation in terms of infrastructure built but there are no common indicators to measure results (Court’s report on Union co-funded roads4 indicates that the Commission does not report information such as time savings or higher average speed, even though this information is sometimes available); _________________ 4ECA, special report no 9/2020, The EU- core road network: shorter travel times but network not yet fully functional. as regards impacts of projects achieved (increase of traffic, economic impact for different actors, impact on congestions, emissions...); notes project promoters should collect and publish information and data on results and impacts of the investment; asks the Commission to collaborate with project promoters and work on common indicators to measure results of the projects;
Amendment 385 #
2020/2140(DEC)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Underlines that in the recent Court audit on TFI5 stated that it is unlikely that the Union core transport network will reach itsthe Commission acknowledged that there is a high risk for some of the TFIs not to operate at full capacity byin 2030, furthermore, in the landscape review the ECA indicated that since the scale of Union funding is limited compared to the overall needs, it is necessary to focus on priorities with the highest Union added value; _________________ 5 ECA, special report no 10/2020 EU transport flagship infrastructures: no timely completion of the transport network.
Amendment 386 #
2020/2140(DEC)
Motion for a resolution
Paragraph 112
Paragraph 112
112. Is of the opinion that, as stated in the Court’s audit on TFIs, the traffic forecasts were usually overoptimistic, not well coordinated, not based onneeds improvement and a better coordination; points out the traffic forecasts should take into account sound economic assessments, and sometimes very simplistic, and in particulars well as cost- benefit analyses had not been properly used as a tool for policy-makingand be periodically revised to take into account possible delays;
Amendment 389 #
2020/2140(DEC)
Motion for a resolution
Paragraph 113
Paragraph 113
Amendment 393 #
2020/2140(DEC)
Motion for a resolution
Paragraph 115
Paragraph 115
Amendment 400 #
2020/2140(DEC)
Motion for a resolution
Subheading 18 a (new)
Subheading 18 a (new)
Performance: European Social Fund (ESF) and Youth Employment Initiative (YEI)
Amendment 401 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 a (new)
Paragraph 116 a (new)
116 a. Notes that the Court has not selected ESF and FEAD to be covered by its first annual report on performance of the EU budget at the end of 2019;
Amendment 402 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 b (new)
Paragraph 116 b (new)
116 b. Welcomes the findings within the Commission Evaluation(February 2021) on of the 2014-2018 ESF support to employment and labour mobility, social inclusion and education and training; notes with satisfaction that for the period 2014-2018, approximately 23 million persons participated in ESF actions and that 52% of participants were women; notes furthermore that of those participating, nearly 3.2 million persons have already found employment and 3.9 million successfully gained a qualification;
Amendment 403 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 c (new)
Paragraph 116 c (new)
116 c. Notes that by 2018 EUR 10,4 billion have been spent - from both the ESF and the YEI, that 3.8 million people under age of 30 participated in youth- employment support projects and that 1.4 million people entered employment immediately after participation;
Amendment 404 #
2020/2140(DEC)
Motion for a resolution
Paragraph 116 d (new)
Paragraph 116 d (new)
116 d. Notes furthermore that by the end of 2018, EUR 33.8 billion from the ESF have been invested for social inclusion and nearly 6.2 million persons had participated in social-inclusion actions, and that out of them nearly 700,000 individuals have found employment, with nearly 400,000 achieving a qualification;
Amendment 407 #
2020/2140(DEC)
Motion for a resolution
Paragraph 118 a (new)
Paragraph 118 a (new)
118 a. Notes the positive evolution for the policy area “natural resources”, which continues its downtrend with a further decrease of the overall level of error established by the Court to an estimated level of error of 1.9%, below the materiality threshold; welcomes the fact that the error rate established by the Court tallies very closely with the overall error rate for the CAP given in DG AGRIʼs 2019annual activity report;
Amendment 408 #
2020/2140(DEC)
Motion for a resolution
Paragraph 118 b (new)
Paragraph 118 b (new)
118 b. Welcomes the Court's finding that EAGF direct payments, representing 70% of spending under natural resources, continues to be free of material error and the estimated level of error for all the chapter is below the materiality threshold, which demonstrates that the effectiveness of the remedial action plans that Member States have implemented in previous years;
Amendment 409 #
2020/2140(DEC)
Motion for a resolution
Paragraph 118 c (new)
Paragraph 118 c (new)
118 c. Notes that for both CAP funds, the continuous decrease in error-rates is due to the efficient management and control systems applied, in particular the Integrated Administration and Control System (IACS);
Amendment 410 #
2020/2140(DEC)
Motion for a resolution
Paragraph 118 d (new)
Paragraph 118 d (new)
118 d. Stresses that the very high levels of expenditure in relation to direct payment ceilings are mainly explained by the important part of the budget granted through decoupled payments that have poor level of efficiency and effectiveness because this kind of direct payments are given irrespective of the level of the current income and regardless of the sustainability of production conditions ; considers it necessary to abandon this approach that has no Community added- value and has numerous adverse implications, such as the capitalisation in the price of farmland and rent-seeking behavior.
Amendment 411 #
2020/2140(DEC)
Motion for a resolution
Paragraph 118 e (new)
Paragraph 118 e (new)
118 e. Considers that the EAGF should intervene through countercyclical approaches and by increasing the share of budgetary resources not previously allocated to Member States; recalls that the European Union is the only WTO member that continues to use decoupled payments that are broadly considered as a form of dumping ;considers that abandoning the defence of the principle of decoupling is a chance to overcome the multilateralism crisis;
Amendment 412 #
2020/2140(DEC)
Motion for a resolution
Paragraph 119
Paragraph 119
119. Finds it worryingNotes that of the 251 transactions examined7 by the Court, 44 (18 %) contained errors while 207 (82 %) were error-free; is concerned that based on the 36 errors ECA has quantified and other evidence produced by the control system ECA finds the level of error for ‘Natural resources’ to be close to the materiality threshold; _________________ 7The sample consisted of 136 payments under rural development programmes, 95 direct payments, 14 market measures and 6 payments for fisheries, the environment and climate action.notes furthermore that 70 % of errors were made up by ‘Ineligible beneficiary/activity/project/expenditure’;
Amendment 416 #
2020/2140(DEC)
Motion for a resolution
Paragraph 120
Paragraph 120
Amendment 425 #
2020/2140(DEC)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Is concerned byNotes the Court’s opinion that the2015 expansion of certification bodies’ role to provide an opinion on the regularity of expenditure was a positive development, as well as the Court’s recognition that it identified some areas in which there is scope for further improvement, similar in type to those identified by the Commission; calls on the Commission to take the necessary measures in order to overcome the limitations in the reliability of the results of the certification bodies’ work, due to weaknesses the Courtwhich DG AGRI identified in some certification bodies’ checks and sampling methodologies;
Amendment 429 #
2020/2140(DEC)
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
Amendment 460 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – introductory part
Paragraph 128 – introductory part
128. Finds it worryingTakes note of the Court’s explanation in its Annual Report on Performance of the EU budget at the end of 2019 regarding some limitations of its assessment of the CAP indicators and that it considers this as only a first step in analysing CAP performance; notes that the Court has identified weaknesses in the set of CAP performance indicators:
Amendment 462 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 1 – introductory part
Paragraph 128 – indent 1 – introductory part
- The 2019 AMPR provides little quantified information about the results and impact of the CAP, and presents an overly positive narrative about policy achievements by focusing on outputs rather than resultsMore indicators relate to inputs or outputs and thus they show the level of absorption rather than the results or impacts of the policy:
Amendment 463 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 1 – point a
Paragraph 128 – indent 1 – point a
Amendment 465 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 2 – introductory part
Paragraph 128 – indent 2 – introductory part
- The impact indicators in the programme statements mainly provide information about outputs, which are more easily measurable and less affected by external factors than results and impacts:are based on general macroeconomic variables, on which the effects of CAP can be both unclear and difficult to measure;
Amendment 467 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 2 – point a
Paragraph 128 – indent 2 – point a
Amendment 469 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 2 – point b
Paragraph 128 – indent 2 – point b
Amendment 470 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 2 – point c
Paragraph 128 – indent 2 – point c
Amendment 472 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 – introductory part
Paragraph 128 – indent 3 – introductory part
- In relation to the general objective on viable food production, direct payments have reduced farmers’ income volatility. At the same time, the absence of benchmarks for a fair standard of living and of further targeting of the spending has reduced the efficiency of direct support14 indicators do not have a specific, quantified target and therefore, they only indicate trends:
Amendment 473 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 – point a
Paragraph 128 – indent 3 – point a
Amendment 477 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 – point b
Paragraph 128 – indent 3 – point b
Amendment 478 #
2020/2140(DEC)
Amendment 480 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 – point d
Paragraph 128 – indent 3 – point d
d. in 2016 about two thirds9 of farms in the Union were smaller than 5 ha. As direct payments are linked to farm area, around 80 % of the support goes to around 20 % of beneficiaries. In fact, more than 30 % of the payments goes to 2 % of the beneficiaries, who each receive more than EUR 50 000 in direct payments. Various redistributive mechanisms have had only a marginal effect; _________________ 9 according to Eurostateleted
Amendment 483 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 – point e
Paragraph 128 – indent 3 – point e
Amendment 487 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 – point f
Paragraph 128 – indent 3 – point f
Amendment 488 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 3 a (new)
Paragraph 128 – indent 3 a (new)
- seven indicators do not relate to the performance of the CAP, but to assurance on regularity of spending, public awareness of the CAP and policy information support within DG AGRI;
Amendment 489 #
Amendment 502 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 – indent 5
Paragraph 128 – indent 5
Amendment 519 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Notes that in 2019 the Commission clarified the legal framework applicable for direct monitoring by imaging technologies128a; welcomes the Court’s observations128b that imagining technologies represent extraordinary advantages such as the reduction of field visits and consequently their administrative costs, an interactive monitoring approach that prevents non- compliance and the generation of useful data for smart farming; highlights in particular that imaging technologies would allow monitoring the whole population of aid recipients, which could be a game changer in terms of budgetary control; calls on the Commission to review the environmental and climate performance indicators in order to make them compatibles with checks by monitoring; urge the Commission to remove the obstacles to a wider use of the imaging technologies and to provide incentives and support to national paying agencies to use checks by monitoring; _________________ 128a Commission Implementing Regulation (EU) 2019/1804 of 28 October 2019 amending Implementing Regulation (EU) 809/2014 as regards amendments of aid applications or payment claims, checks in the integrated administration and control system and the control system in relation to cross compliance. 128bEuropean Court of Auditor’s Special Report 04/2020 Using new imaging technologies to monitor the Common Agricultural Policy: steady progress overall, but slower for climate and environment monitoring.
Amendment 520 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Notes the Court’s observation that the information in the AMPR is aligned with the underlying data in the programme statements, but the APMR gives an over optimistic view of achievements and it does not discuss the efficiency of spending; calls on the Commission to report to the discharge authority on the measures undertaken to overcome the significant challenges noted by it in achieving policy objectives for the period 2014-2020;
Amendment 521 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 b (new)
Paragraph 128 b (new)
128 b. Takes note of the Court’s observation that the direct payments reduce income volatility (by around 30% as suggested by an evaluation study using data for 2010-2015), but they are largely untargeted; asks the Commission to ensure that better consistency between the targets addressed by the indicators and the policy objectives of increasing the individual earnings of people engaged in agriculture while limiting the need for direct support;
Amendment 522 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 c (new)
Paragraph 128 c (new)
128 c. Notes with concern the Commission’s data for the distribution of direct payments by payments class in2019 demonstrating that the biggest share of the direct payment envelope (58%)goes to 15 % of all beneficiaries, while most beneficiaries (75%) account for even smaller share of the direct payments (15 %) than the only 0,5% of all beneficiaries obtaining 16,3% of the total direct payments; Reiterates its call on the Commission for a fairer distribution of the direct payments;
Amendment 523 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 d (new)
Paragraph 128 d (new)
128 d. Welcomes the revision of the indicators and objectives in the Commission’s post-2020 CAP proposals which is based on the identified weaknesses by its Internal Audit Service and by the Court regarding CMEF indicators, as well as on the recognition of the need to develop further the indicators;
Amendment 524 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 e (new)
Paragraph 128 e (new)
128 e. Notes the Court’s observation that the CAP has potential to contribute to the sustainable use of natural resources, but there is not enough data to assess effectiveness; notes further its findings that greening had had little measurable effect on farming practices and the environment and that it remained essentially an income-support scheme;
Amendment 525 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 f (new)
Paragraph 128 f (new)
128 f. Takes note of the constrain, identified by the Court for successful contribution of agri-environment-climate measures to biodiversity and invites the Commission to suggest measures for increasing schemes coverage of a substantial portion of the farmed landscape and on specific risks;
Amendment 526 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 g (new)
Paragraph 128 g (new)
128 g. Takes note of the modest achievement by foresty measures under EAFRD, the achievement of 60% in2018 of the target for more efficient irrigation systems established for 2023and the need for further reduction of greenhouse emissions from agriculture and calls on the Commission to report on measures undertaken to improve the results of CAP implementation in these areas;
Amendment 527 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 h (new)
Paragraph 128 h (new)
128 h. Notes the Courts observation that the AMPR contains information on jobs and broadband access, but does not provide any relevant performance information for the balanced territorial development objective;
Amendment 528 #
2020/2140(DEC)
128 i. Welcomes the increase in the rural employment rate from 63,4% in 2012 to 68,1 % in 2018;
Amendment 529 #
2020/2140(DEC)
Motion for a resolution
Paragraph 128 j (new)
Paragraph 128 j (new)
128 j. Notes the figures which the Court comments for LEADER as at the end of 2018 (13 337 jobs recorder representing 30% of the 2023 target) as well as that the Commission does not have reliable data on jobs created under LEADER; asks the commission to work together with Member States for improving the availability of reliable data for LEADER implementation;
Amendment 545 #
2020/2140(DEC)
Motion for a resolution
Subheading 24
Subheading 24
Court findings: Member States’ AMIF/ISF annual accounts
Amendment 547 #
2020/2140(DEC)
Motion for a resolution
Paragraph 131
Paragraph 131
131. Notes that, regarding the regularity of transactions, seven (37 %) of the 19 transactions examined by ECA were affected by errors (i.e. overstatement of salary costs)the Court have not estimated the error rate for this MFF heading but examined a sample of regarding 19 transactions designed to contribute to its overall statement of assurance rather than be representative of spending under this MFF heading; notes that the sample covered 8 transactions under shared management, 8 transactions under direct management and 1 under indirect management, and that the Court identified seven transactions (37%) were affected by errors;
Amendment 550 #
2020/2140(DEC)
Motion for a resolution
Paragraph 132
Paragraph 132
132. Regrets thatNotes that the Court has not provided information about the financial impact which the three quantifiable errors had a financial impactidentified by it had on the amounts charged to the Union budget;
Amendment 552 #
2020/2140(DEC)
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. Notes that the Court audited the work done by eight authorities responsible for auditing their respective Member States’ AMIF/ISF annual accounts8 and providing the Commission with an annual control report;
Amendment 553 #
2020/2140(DEC)
Motion for a resolution
Paragraph 134
Paragraph 134
134. NoteWelcomes the Court’s findings that the audit authorities in the Member States17[1] selected by the ECA for a check had developed and implemented detailed procedures of sufficient quality to report as required by the rules; _________________ 17Germany, Greece, Italy, Cyprus, Lithuania, Poland, as well as they had detailed audit programmes and tche United Kingdom for AMIF; Slovenia for the ISFcklists to support their conclusions.
Amendment 555 #
2020/2140(DEC)
Motion for a resolution
Paragraph 135 – introductory part
Paragraph 135 – introductory part
135. Takes into account certain shortcomings in annual control reports issued by the Member Stataudit authorities, whose impact on the accounts were not material enough to detract from the audit authorities’ conclusions but creating potential risk of unreliability of reported data and of limited assurance, such as:
Amendment 556 #
2020/2140(DEC)
Motion for a resolution
Paragraph 135 – indent 1
Paragraph 135 – indent 1
Amendment 557 #
2020/2140(DEC)
Amendment 558 #
2020/2140(DEC)
Motion for a resolution
Paragraph 135 – indent 3
Paragraph 135 – indent 3
Amendment 559 #
2020/2140(DEC)
Motion for a resolution
Paragraph 135 – indent 4
Paragraph 135 – indent 4
Amendment 560 #
2020/2140(DEC)
Motion for a resolution
Paragraph 135 – indent 5
Paragraph 135 – indent 5
Amendment 561 #
2020/2140(DEC)
Motion for a resolution
Paragraph 136
Paragraph 136
Amendment 562 #
2020/2140(DEC)
Motion for a resolution
Paragraph 137
Paragraph 137
Amendment 565 #
2020/2140(DEC)
Motion for a resolution
Paragraph 138 a (new)
Paragraph 138 a (new)
138 a. Asks the Commission and Member States’ audit authorities to address the shortcomings identified by the Court and to report to the discharge authority;
Amendment 569 #
2020/2140(DEC)
Motion for a resolution
Paragraph 139
Paragraph 139
Amendment 573 #
2020/2140(DEC)
Motion for a resolution
Paragraph 139 a (new)
Paragraph 139 a (new)
139 a. Welcomes the Court’s observation that the Commission’s interim evaluation indicates that AMIF is relevant and that it funded interventions that corresponded to the needs of Member States;
Amendment 574 #
2020/2140(DEC)
Motion for a resolution
Paragraph 140
Paragraph 140
140. Notes, however some limitations in AMIF performance indicators, identified by the Court such as that two thirds of the indicators are output indicators and that 5 of the 24 indicator milestones for 2020 have already been achieved in previous years, but targets have not been adjusted upwards in line with good financial management practice to reflect the potential for more efficiency gains;
Amendment 576 #
2020/2140(DEC)
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140 a. Notes that some AMIF indicators are not on track to meet their targets, that the Commission has not developed a performance monitoring framework for EMAS funded projects and that AMPR and programme statements provide little information on the progress achieved under important indicators;
Amendment 577 #
2020/2140(DEC)
Motion for a resolution
Paragraph 140 b (new)
Paragraph 140 b (new)
140 b. Asks the Commission to take measures to address the shortcoming identified by the Court and to improve the information included in AMPR and programme statements, which will allow for better monitoring of the progress achieved by the Fund;
Amendment 579 #
2020/2140(DEC)
Motion for a resolution
Paragraph 141
Paragraph 141
Amendment 584 #
2020/2140(DEC)
Motion for a resolution
Paragraph 142
Paragraph 142
Amendment 586 #
2020/2140(DEC)
Motion for a resolution
Paragraph 143
Paragraph 143
Amendment 592 #
2020/2140(DEC)
Motion for a resolution
Paragraph 144
Paragraph 144
Amendment 594 #
2020/2140(DEC)
Motion for a resolution
Paragraph 145
Paragraph 145
Amendment 598 #
2020/2140(DEC)
Motion for a resolution
Paragraph 146
Paragraph 146
Amendment 603 #
2020/2140(DEC)
Motion for a resolution
Paragraph 147
Paragraph 147
Amendment 615 #
2020/2140(DEC)
Motion for a resolution
Paragraph 148
Paragraph 148
148. Is concerned in relation toNotes the existence of two parallel Union funded schemes supporting the same type of return activities (AMIF NPs and Frontex return support), and insufficient coordination between both for forced return operations well as that the coordination is mainly responsibility of the Member States; calls therefore on them to ensure better coordination between both schemes;
Amendment 620 #
2020/2140(DEC)
Motion for a resolution
Paragraph 149 – indent 4
Paragraph 149 – indent 4
Amendment 643 #
2020/2140(DEC)
Motion for a resolution
Paragraph 156 a (new)
Paragraph 156 a (new)
156 a. Welcomes that transactions related to budget support and projects implemented by international organisations under the ‘notional approach’ were less prone to error and that in 2019 the Court did not detect any errors in these areas.
Amendment 649 #
2020/2140(DEC)
Motion for a resolution
Paragraph 157
Paragraph 157
Amendment 668 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – introductory part
Paragraph 164 – introductory part
164. Notes with deep concern, as to the DG DEVCO residual error rate studythat DG DEVCO implements most of the external aid instruments financed from both the EU general budget and the EDFs; takes note that the Court presented within its Annual Report on the activities funded by the 8th, 9that:, 10th and11th EDFs for the 2019 financial year its observations on systems, there liability of the AAR and the Director-General’s declaration for 2019 which refer to DG DEVCO’s entire area of responsibility;
Amendment 669 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 1
Paragraph 164 – indent 1
Amendment 670 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 2
Paragraph 164 – indent 2
Amendment 671 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 3
Paragraph 164 – indent 3
Amendment 672 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 4
Paragraph 164 – indent 4
Amendment 673 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 5
Paragraph 164 – indent 5
- Notes the Court’s observation that the Commission and its implementing partners made more errors in transactions relating to programme estimates, grants, contribution agreements with IOs and delegation agreements with EU Member States’ cooperation agencies than they did with other forms of support (such as those covering works, supply and service contracts). Of the 65 transactions of this type 25 (38 %) contained quantifiable errors, which accounted for 71,7 % of the estimated level of error;
Amendment 674 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 6
Paragraph 164 – indent 6
- Takes note of the Court’s opinion that the DG DEVCO’s residual error rate study does not constitute an assurance engagement or an audit; it is based on the residual error rate methodology and manual provided by DG DEVCO;
Amendment 675 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 7
Paragraph 164 – indent 7
Amendment 676 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 – indent 8
Paragraph 164 – indent 8
- Takes note of the Court’s observation that the director-general’s declaration of assurance in the 2019 AAR does not include any reservations, as the two reservations remaining in 2018 have been lifted and no new ones have been issued; before lifting these reservations in 2019, DG DEVCO had significantly reduced their scope (i.e. the share of expenditure covered by them) in 2017 and 2018, which consequently does not give a true and fair view of the risks in DG DEVCO’s overall area of responsibility;
Amendment 677 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 a (new)
Paragraph 164 a (new)
164 a. Takes note from the written answers of the Commission for the hearing in CONT on 1December 2020 that uned the DG DEVCO 2019 Action Plan a task was implemented responding to the Court’s recommendation from 2018 and that the RER manual and methodology was adapted mainly as concerns the guidance on reliance on prior control work and on the procedures relating to procurement and a new way to deal with estimations; welcomes that the changes are fully applied to the 2020 RER study;
Amendment 678 #
2020/2140(DEC)
Motion for a resolution
Paragraph 164 b (new)
Paragraph 164 b (new)
164 b. Notes, furthermore, that the Commission is currently working on implementation of additional Court’s recommendation for another adaptation of RER manual and methodology made in its 2019 Annual EDF Report and encourages the Commission to finalise the implementation of this recommendation by the end of 2021;
Amendment 693 #
2020/2140(DEC)
Motion for a resolution
Paragraph 170 – indent 4
Paragraph 170 – indent 4
Amendment 704 #
2020/2140(DEC)
Motion for a resolution
Paragraph 171
Paragraph 171
Amendment 713 #
2020/2140(DEC)
Motion for a resolution
Paragraph 171 a (new)
Paragraph 171 a (new)
171 a. Notes that payments for ‘Administration’ amounted to EUR 10,4 billion in 2019 (6,5% of the MFF), of which the budget of the Commission represents 57,9% or EUR 6,1 billion;
Amendment 715 #
2020/2140(DEC)
Motion for a resolution
Paragraph 172
Paragraph 172
172. Notes that administrative expenditure comprises expenditure on human resources, accounting for about 60 % of the total, and on buildings, equipment, energy, communications and information technology, which is considered as a spending ofby the Court as a low-risk spending;
Amendment 720 #
2020/2140(DEC)
Motion for a resolution
Paragraph 173
Paragraph 173
173. Notes the results of transaction testing: of the only 45 transactions examined representing, designed to represent the full range of spending under this MFF heading by selecting transactions from each institution and body, 3 (6,7 %) contained quantifiable errors, led to an estimated level of error below the materiality threshold;
Amendment 722 #
2020/2140(DEC)
Motion for a resolution
Paragraph 174
Paragraph 174
Amendment 726 #
2020/2140(DEC)
Motion for a resolution
Paragraph 175
Paragraph 175
Amendment 732 #
2020/2140(DEC)
Motion for a resolution
Paragraph 176
Paragraph 176
176. Notes that concerning the Commission, severalthe Court found fewer errors relating to staff costs and the PMO’s management of family allowances were foundthan in previous years; welcomes that the PMO has already corrected the errors found this year; acknowledges the Commission’s clarification that the errors only concerns the national allowances while the ones paid directly by the Commission are correct;
Amendment 733 #
2020/2140(DEC)
Motion for a resolution
Paragraph 176 a (new)
Paragraph 176 a (new)
176 a. Notes that the Court also examines the regularity of the information in the annual activity reports of the Commission, including those of its directorates-general and offices primarily responsible for administrative expenditure; welcomes that the annual activity reports reviewed did not identify material levels of error;
Amendment 748 #
Amendment 755 #
2020/2140(DEC)
Motion for a resolution
Paragraph 177
Paragraph 177
Amendment 758 #
2020/2140(DEC)
Motion for a resolution
Paragraph 178
Paragraph 178
Amendment 761 #
2020/2140(DEC)
Motion for a resolution
Paragraph 179
Paragraph 179
179. Notes with satisfaction that the Court mentions that the quality of the Aaccounts has improved compared to previous years but is deeply; notes with concerned that also for the financial year 2019, the Court concludes they arethe Court is unable to confirm that the Schools’ financial management in 2019 was compliant with the Financial Regulation of the European Schools and the Staff Regulations due to weaknesses revealed in the internal control systems of the Central Office and of the two Schools selected; urges the European Schools to swiftly follow up on the recommendations of the Court concerning the specific weakness founded in accounting, procurement and recruitment;
Amendment 762 #
2020/2140(DEC)
Motion for a resolution
Paragraph 180
Paragraph 180
Amendment 763 #
2020/2140(DEC)
Motion for a resolution
Paragraph 181
Paragraph 181
Amendment 764 #
2020/2140(DEC)
Motion for a resolution
Paragraph 182
Paragraph 182
Amendment 765 #
Amendment 766 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183
Paragraph 183
Amendment 767 #
Amendment 768 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 a (new)
Paragraph 183 a (new)
183 a. Takes note that the Commission is investing in data mining of its IT medical system to overcome the absence of data on burnout cases; strongly encourages the Commission to prevent, identify and manage burnout cases in the larger context of staffing, workload and staff well-being in its Human Resources (HR) strategy; recalls, in this regard, the negative impact of the 2014 reform package on a number of crucial aspects of HR within the Union institutions and thus on their attractiveness as employer; reiterates the serious consequences that any budgetary cut in administration or staff reduction may have in the future of the European civil service and the implementation of the Union's policies;
Amendment 769 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 b (new)
Paragraph 183 b (new)
183 b. Is concerned that any temporary measure has been designed by the Commission to mitigate the growing problem of the purchase power disparity suffered by the European civil servants posted to Luxembourg; points out, as a relevant example, that 16 out of 200 suitable candidates selected by the EPPO have declined the job offer on account of the salary not being high enough to live in Luxembourg; emphasises that expects concrete proposals in the report on the salary method due by 31 March 2022;
Amendment 770 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 c (new)
Paragraph 183 c (new)
183 c. Supports the Commission’s intention to update the approach set out in its Communication of 2019 “The Workplace of the Future in the European Commission” in the light of the COVID- 19 crisis; expects the Commission to take into account on an equal footing the efficient use of office spaces and the health and well-being of the staff; reiterates that staff representatives shall always be involved in substantial changes of the work arrangements and spaces;
Amendment 771 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 d (new)
Paragraph 183 d (new)
183 d. Welcomes that the Commission adopted an action plan for equality and diversity in 2018 and its implementation in 2019; welcomes that specific actions were added in response to the staff survey; calls on the Commission to follow the same path with more specific measures with regard to the people awarded with internships in the Commission;
Amendment 772 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 e (new)
Paragraph 183 e (new)
183 e. Agrees with the Commission’s statement that “different cultural, social and professional expectations of men and women continue to exist with regard to the balance between paid work and unpaid (care) work”; notes with appreciation the Commission’s efforts to raise awareness on the measures that exist to enable a work-life balance such as courses for parents and the publication of positive examples in the Commission’s intracomm;
Amendment 773 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 f (new)
Paragraph 183 f (new)
183 f. Notes with appreciation that the Commission (2014-2019) met the target of 40 % of women in management functions by the end of its mandate in 2019; reminds the Commission (2019-2024) that in 2019 its President committed to reach gender equality at all levels of management by the end of the current mandate and reiterated this commitment in her mission letter to Commissioner for Budget and Administration;
Amendment 774 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 g (new)
Paragraph 183 g (new)
183 g. Takes note of the new guidelines for the implementation of aid for persons with a disability drafted in 2019 to financially assist staff and their dependant for non-medical costs linked to their independence, social integration and physical, mental, social and vocational ability; notes that the guidelines came into force in May 2020;
Amendment 775 #
2020/2140(DEC)
183 h. Notes that in 2019 the number of cases for social-financial support increased by 28% compared to 2018; notes with appreciation that the disability funds used increased by 50% in comparison with 2018 (from approximatively EUR 2 to 3 million);
Amendment 776 #
2020/2140(DEC)
Motion for a resolution
Paragraph 183 i (new)
Paragraph 183 i (new)
183 i. Takes due note of the Court’s observations and recommendations regarding the European Personnel Selection Office183a; welcomes that the selection process is broadly effective for large-scale competitions but expresses its concern that the selection process is not adapted to small-scale, targeted competitions, which are those most suited to the current recruitment needs of the EU institutions; calls on the Commission to timely report on the implementation of those recommendations by the EPSO; _________________ 183aEuropean Court of Auditors’ Special Report 13/2020 “The European Personnel Selection Office: Time to adapt the selection process to changing recruitment needs”.
Amendment 778 #
Amendment 780 #
2020/2140(DEC)
Motion for a resolution
Paragraph 184
Paragraph 184
184. Takes into accountAcknowledges the Court’s observation that the adoption in 2014 of the revised Staff Regulations was accompanied by a commitment by the institutions and bodies gradually to reduce the number of posts (officials and temporary staff) in their establishment plans by 5 % before 2018 compared with the situation in 2012;
Amendment 781 #
2020/2140(DEC)
Motion for a resolution
Paragraph 184 a (new)
Paragraph 184 a (new)
184 a. Takes note that the 2014 reform of the Staff Regulations brought savings of 4,2 billions on the 2014–2020 MFF, which represents 0,4% of the overall MFF; recalls that the 2014 reform generated unquestionable negative effects on the staff, which was confirmed by the Court184a in 2019, and regrets that it is nearly impossible to know their financial cost in order to have a realistic image of the savings; notes the several policies and actions designed by the Commission to help mitigate the negative effects and expects that the lessons learned will be reflected on the Commission’s new HR Strategy to be adopted in 2021; _________________ 184aEuropean Court of Auditors’ Special report no 15/2019: Implementation of the 2014 staff reform package at the Commission - Big savings but not without consequences for staff.
Amendment 783 #
2020/2140(DEC)
Motion for a resolution
Paragraph 185
Paragraph 185
185. Points out that the institutions and bodiesNotes that over the period from 2012 to 2018 the institutions and bodies, excluding the European Ombudsman and the EDPS, had reduced their establishment plans by 1 409 posts (3 %) and at the same time gradually increased the employment of contract staff. Over the period,; notes, in this regard, that the proportion of contract staff in total workforce forecasts rose from 17 % to 22 %;
Amendment 785 #
2020/2140(DEC)
Motion for a resolution
Paragraph 186
Paragraph 186
Amendment 791 #
2020/2140(DEC)
Motion for a resolution
Paragraph 186 a (new)
Paragraph 186 a (new)
186 a. Points out that the increase of contract staff reflects the impact on staffing levels of new tasks stemming from rapidly evolving priorities, such as the implementation of new programmes delegated by the Commission to the executive agencies which was neutral in budgetary terms and in terms of Commission staff transferred; notes the Court’s observation that the increase in contract staff was also a response to special or urgent situations, such as the migration crisis;
Amendment 792 #
2020/2140(DEC)
Motion for a resolution
Paragraph 187
Paragraph 187
Amendment 801 #
2020/2140(DEC)
Motion for a resolution
Paragraph 188
Paragraph 188
Amendment 807 #
2020/2140(DEC)
Motion for a resolution
Paragraph 190
Paragraph 190
190. Finds it highly problematicTakes note that at the end of 2018, the institutions, bodies and executive agencies employed 11 962 contract staff, (representing an increase of 37 % since 2012); points outnotes that most were employed by the European Commission, and mainly in FG IV, the best paid function group, similarly,; notes that a majority of contract staff at the executive agencies were in FG III and FG IV (763 and 715 respectively);
Amendment 818 #
Amendment 819 #
2020/2140(DEC)
191 a. Acknowledges that 2019 was a year of transition for the Commission, as it had to secure the transition from the Juncker Commission and the preparation for the arrival of the von der Leyen Commission, as well as launching its new priorities;
Amendment 823 #
2020/2140(DEC)
Motion for a resolution
Paragraph 191 d (new)
Paragraph 191 d (new)
191 d. Urges the Commission to introduce sustainability reporting, including social and environmental aspects of procurement; believes that by incorporating responsible business standards in its procurement and purchasing policies, the Commission can safeguard the public interest and ensure the accountability of public spending;
Amendment 824 #
2020/2140(DEC)
Motion for a resolution
Paragraph 191 b (new)
Paragraph 191 b (new)
191 b. Welcomes the inter-institutional cyber cooperation for which the Committee of the Regions and the European Economic and Social Committee receive the assistance of the Computer Emergency Response Team for the EU institutions, bodies and agencies; notes that many of the digitalisation projects concern the digitalisation of human resources and financial processes, where the Committees uses the SYSPER and ABAC systems provided by the Commission; asks the Commission to examine the possibility of negotiating better conditions to enhance and make the process of application sharing financially attractive;
Amendment 831 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192
Paragraph 192
Amendment 835 #
Amendment 836 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192 a (new)
Paragraph 192 a (new)
192 a. Echoes the Court’s conclusion that “any unethical behaviour by staff and Members of EU institutions and bodies is unacceptable and, even if it is only alleged, attracts high levels of public interest and reduces trust in the EU. Unethical behaviour is also linked to the risk of corruption and fraud”192a; _________________ 192aEuropean Court of Auditors’ Special Report 13/2019 “The ethical frameworks of the audited EU institutions: scope for improvement”.
Amendment 837 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192 b (new)
Paragraph 192 b (new)
192 b. Welcomes that, to a large extent, the audited institutions have put in place for staff and Members adequate ethical frameworks with room for improvement; strongly supports the Court’s recommendations such as harmonising the ethical frameworks and improving staff awareness;
Amendment 838 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192 c (new)
Paragraph 192 c (new)
192 c. Takes note of the second review of the Commission’s internal guidelines in relation to the provisions on Whistleblowing in the Staff Regulations; takes note with satisfaction the 6 recommendations contained in the 2019 review and calls on the Commission to report on the implementation to the budgetary authority; welcomes the update of the whistleblowing page on MyIntracomm in May 2019 and the addition of a direct link to OLAF’s whistleblowing procedure;
Amendment 839 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192 d (new)
Paragraph 192 d (new)
192 d. Stresses the importance of reinforcing the Transparency Register and improving the quality of its data, in particular on the occasion of the Interinstitutional Agreement reached in December 2020; takes note of the quality checks performed by the Commission and the action of the Register Secretariat upon alerts received; calls on the Commission to improve the IT solution in order to perform stricter quality checks;
Amendment 840 #
2020/2140(DEC)
Motion for a resolution
Paragraph 192 e (new)
Paragraph 192 e (new)
192 e. Takes notes of the European Ombudsman’s conclusions and technical suggestions for improvement in her Decision of 28 February 2019 on how the Commission manages ‘revolving doors’ situations of its staff members; calls on the Commission to follow-up on both the Ombudsman’s decision and the Court’s relevant recommendations in its special report on the ethical frameworks of the EU institutions;
Amendment 6 #
2020/2131(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the SME strategy and shares the Commission’s view that SMEs are essential to the European economy as they play a central role for the economic recovery and for the digital and sustainable transition of the EU; stresses that it must go hand in hand with the Industrial Strategy; notes that it was adopted before the COVID-19 crisis; calls therefore the Commission to reassess the Strategy in light of the lessons learnt from the crisis and of the Recovery Package, and to swiftly revise it where needed;
Amendment 11 #
2020/2131(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. SUnderlines that the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeans, jeopardizing their very existence in several cases; stresses that the implementation of the SME strategy should focus not only on supporting SMEs to help them maintain their existence, as the COVID-19 crisis has delivered a shock to many SMEs and their role in the everyday life of Europeanmicro and SMEs to prevent shutdowns, to help them preserve their existence and business continuity, to promote their resilience, but also to assess and restore disrupted supply chains so as to incentivise their integration in industrial ecosystems, to help them seize opportunities to grow; recalls that SMEs were already facing difficulties prior to the crisis, in particular as regards access to finance, information and markets; stresses therefore the importance of adopting an ambitious strategy to ensure SMEs can recover and scale up their activities;
Amendment 20 #
2020/2131(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that micro and SMEs should be burdened as little as possible and encourages the Commission to use strong enforcement action to ensure that the single market benefits all businesses and consumers and to counter gold-face proportionate obligations taking into account their specificities and sectorial characteristics; recalls that the SME test can be a useful tool in that regard; encourages the Commission to use strong enforcement action to limit market fragmentation, address social and fiscal dumping, remove unjustified market barriers and ensure a level platying and other regulatory restrictions; field, for a fair single market that benefits all businesses and consumers;
Amendment 40 #
2020/2131(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the crucial role of data as the lifeblood of the digital economy; supports the Commission in establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governmenpoints out to the existence of market power imbalances and obstacles to access to data that affect SMEs’ development; welcomes the Data Strategy in this regard; supports the Commission in promoting interoperability and establishing European data spaces for trusted and secure data sharing to ramp up data flows between businesses and with governments; considers that all products and services developed with public funding should be published under open- source licenses and be accessible to micro and SMEs; emphasises the strategic importance of ensuring SMEs’ digital transition and suggests therefore that the future common European data spaces should be developed in an SME-friendly way so that they can access large datasets;
Amendment 44 #
2020/2131(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that SMEs face difficulties in protecting their Intellectual Property (IP) rights, which can threaten their development; calls on the Commission to increase IP awareness, develop external advice and ensure appropriate enforcement;
Amendment 47 #
2020/2131(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines the opportunities offered by e-commerce to reach new customers and markets in supporting economic recovery for micro and SMEs; highlights the added value of legislation such as the Platform to Business Regulation in this regard and calls for its swift implementation and enforcement; warns that a persistent risk of unfair competition exists in e-commerce, also due to the presence of non-compliant, illegal or unsafe products in online marketplaces targeting EU consumers; underlines that the future Digital Services Act will play a key role in this regard;
Amendment 49 #
2020/2131(INI)
4c. Points out to the added value of the EU MFF programmes to support micro and SMEs, in particular the Single Market Programme, InvestEU, Digital Europe, Horizon Europe and other programmes; highlights the importance of a swift adoption of the MFF and of Next Generation EU; considers that the SME window of the Single Market Programme should maintain the level of ambition raised by the Parliament’s position; stresses the importance of streamlining access to EU funds for micro and SMEs;
Amendment 52 #
2020/2131(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages Member States to implement the single digital gateway in an SME-friendly way by cooperating closely with regional and local authorities and by providing easy digital access to information, procedures, and services linked to doing business across borders, including advice on public procurement and funding sources; welcomes the SME Envoy system to better take into account the end-user into future legislation; suggests however a critical assessment of its appointment process and functioning in order to redress potential weaknesses and ensure it works efficiently in all Member States, in constant coordination with the relevant business associations and stakeholders;
Amendment 60 #
2020/2131(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to simplify procurement tendering processes by using the flexibility of the EU’s new procurement framework and to enhance opportunities for SMEs, such as the possibility of subdividing procurement in smaller lots and the streamlining of administrative procedures, as well as by using digital tools and platforms to expand cross-border procurement; stresses that green public procurement can make an important contribution to building a sustainable economy;
Amendment 75 #
2020/2131(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that a sustainable and innovative Single Market can only be achieved if micro and SMEs can carry out their transition to digital and environmental sustainability; highlights the importance of efficiently providing financial and non-financial support to micro and SMEs across all Member States; welcomes in this regard the development of Digital Innovation Hubs (DIH) as well as the Enterprise Europe Networks (EEN); recommends on the latter increased coordination between national and European level, as well as a stronger involvement of local SME associations; calls on the Commission to help micro and SMEs benefit from the various initiatives provided for in the Green New Deal, the Industrial Strategy and the Communication on Shaping Europe’s Digital Future, as digitalisation and sustainability represent important opportunities for them to grow; points out to the need of mainstreaming SMEs in all EU policies.
Amendment 81 #
2020/2131(INI)
Draft opinion
Paragraph 7b (new)
Paragraph 7b (new)
7b. Welcomes the definition of SMEs as defined in Commission Recommendation 2003/361/EC in the version of 6 May 2003, and calls therefore to maintain this definition in EU legislation and to ensure its consistent interpretation across Member State.
Amendment 7 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals and the new mission of the Von Der Leyen Commission: to return economies across the EU to growth and to strengthen all economies by completing the value chains in the manufacturing industry, both north and south and east and west, to the benefit of citizens and businesses;
Amendment 23 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities, so as to underline the common commitment to rebuilding the Single Market and industries and delivering benefits and financial support for all Member States and their citizens;
Amendment 36 #
2020/2076(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union requires a new industrial strategy that makes its industries more globally competitive, resilient and environmentally sustainable; whereas such a strategy should cover the transition of European industries to digitalisation and climate-neutrality, prioritising the ‘energy efficiency first’ principles, energy savings and renewable energy technologies, including support to strengthen the European value chain in clean technologies;
Amendment 38 #
2020/2076(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union requires a new industrial strategy that makes its industries more globally competitive, resilient, digital and environmentally sustainable driven by knowledge-based innovation and equality principles; whereas such a strategy should cover the transition of European industries to digitalisation and climate-neutrality, prioritising the ‘energy efficiency first’ principles, energy savings and renewable energy technologies;
Amendment 43 #
2020/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Services; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of priorities and at the same time how to strengthen consumer protection;
Amendment 54 #
2020/2076(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Union’s industrial strategy should ensure the correct functioning of the single market, avoid market distortions, create a level playing field inside and outside EU and ensure easier access to finance, raw materials and markets, in addition to ensuring appropriate levels of investment, research and innovation, education and skills to boost competitiveness and sustainability;
Amendment 57 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that the public and private sector will encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, and in the outermost regions, where achieving transformation demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order that no one is left behind and that social cohesion is increased;
Amendment 59 #
2020/2076(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas according to the World Economic Forum’s Future of Jobs report, 65% of children entering primary school today will ultimately end up working in completely new types of jobs that do not yet exist today; whereas education systems have to put in a position to impart the universal knowledge and skills required for this new form of careers;
Amendment 76 #
2020/2076(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that the rules that govern competition in the EU should be further reflected upon, so as to be adequate for both the European market, in order to avoid its fragmentation, and the global economic context; in the interim, calls on the Commission to ensure that the temporary frameworks approved for state aid do not distort competition within the Single Market in the medium to long term;
Amendment 80 #
2020/2076(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic and its fallout have created an unprecedented economic downturn in Europe; whereas in this context any future- looking industrial strategy should start by addressing industrial recovery, with a strong social and environmental approach;
Amendment 100 #
2020/2076(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recalls that the automotive sector is touched by many of the transformations expected in the future economy and has been deeply affected by the impact of the COVID-19 pandemic; considers that the revised Industrial Strategy should foresee particular actions for this sector, including appropriate financial support, and calls on the Commission to consider postponing the implementation of the regulations that had a deadline of 1 January 2021.
Amendment 113 #
2020/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and guarantees the Union’s strategic autonomy, including their value chains;
Amendment 114 #
2020/2076(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is of the opinion that digital and environmental transitions should be at the very core of all Unions strategies until 2050; in this context, calls on the Commission to define a comprehensive industrial strategy which manages these transitions, fosters transformation and guarantees the Union’s strategic autonomy, leaving no one behind;
Amendment 140 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers the EU industrial policy of the Union can only succeed through integrated strategic planning, pooling the resources of European players, regional and local institutions, industrial clusters, social partners, universities and research groups; highlights in this context the importance of support structures such as SME networks, regional development agencies, innovation clusters and start-up counselling for the creation of local and regional industrial value chains;
Amendment 147 #
2020/2076(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that in order to gain or maintain global leadership in strategic industrial sectors and with regard to certain technologies, especially those with a high value-added, Europe needs to provide sufficient resources for research and innovation, including the Horizon Europe programme; recalls the positive spill-over effects of innovation efforts with regard to the quantity and especially the quality of jobs;
Amendment 155 #
2020/2076(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in the current context, that the Union requires a new, tailor-made industrial strategy that focuses on two distinct phases; the first aimed at recovery and the second aimed at reconstruction and transformation; calls on the Commission, therefore, to adapt the strategy published in March 2020 to the current situation and address both phases, while keeping the digital and environmental objectives as priorities throughout and ensuring synergies between the two to guarantee resource efficiency and achieve the circularity in industrial processes;
Amendment 179 #
2020/2076(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Temporary State Aid framework as a way to promptly transfer liquidity where urgently needed; calls on the Commission nonetheless to ensure that the aid provided in the emergency phase does not lead to permanent distortions in the single market or generate inequalities between industrial enterprises from different Member States;
Amendment 185 #
2020/2076(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that the Union and the Member States must stand united to foster the position of the European industry in the world, creating a broad competitive industrial base in line with the 2050 climate neutrality target; underlines that quality job creation, social protection, well-functioning public services and the rule of law play an important role for thriving industrial activities in this context;
Amendment 216 #
2020/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy to redeploy industries in Europe and to relocate industrial production in strategic sectors; calls, moreover, on the Commission to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEs and sovereign funds; is of the opinion that, in this context, the Union should implement a provisional TDI scheme, also to ensure the level playing field within the European Single Market;
Amendment 219 #
2020/2076(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to include in the recovery plan a strategy to redeploy industries in Europe and to relocate industrial production and key value chains in strategic sectors; calls, moreover, on the Commission to adopt a stronger stance on unfair global competition and predatory acquisitions by SOEs and sovereign funds; is of the opinion that, in this context, the Union should implement a provisional TDI scheme;
Amendment 265 #
2020/2076(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that the industrial recovery plan should help to create new ambitious and innovative European industrial projects which go hand in hand with the current revision of the guidelines for ‘Important Projects of Common European Interest’ (IPCEI), in order to encourage the emergence of European leaders in strategic industrial sectors that are capable of competing on a global scale and contribute to achieving the climate neutrality and the digital leadership;
Amendment 343 #
2020/2076(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to carry out a detailed impact assessment of the potential costs and burdens for European companies and SMEs and the impact in employment before presenting new proposals for legislation or adopting new measures; calls on the Commission to propose commensurate support to the affected sectors whenever a negative impact cannot be avoided;
Amendment 393 #
2020/2076(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the potential of the circular economy for modernising the Union’s economy, reducing its energy and resource consumption and transforming whole industrial sectors and their value chains; improving autonomy and security of supply in the digital and green transitions;
Amendment 431 #
2020/2076(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the potential of automotive electrification which should be encouraged through the use of renewable electricity, green hydrogen, smart charging and supporting research on batteries;
Amendment 505 #
2020/2076(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to support a just transition, and believes that a well- designed Just Transition Mechanism, including a Just Transition Fund, would be an important tool to facilitate the transition and reach ambitious climate targets while addressing social impacts; underlines that clean technology investments have a key role in this regard to support long-term economic development of regional economies; stresses that robust financing of this instrument, including additional budgetary resources, would be a key element for the successful implementation of the European Green Deal;
Amendment 615 #
2020/2076(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to continue supporting the ability of European innovative companies to maintain effective protection for their R&D investments, secure fair returns, and in the longer term continue to develop open technology standards that support competition and choice; enhance Europe’s strategic autonomy and cybersecurity, as well as provide high- value employment;
Amendment 658 #
2020/2076(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers public procurement to be a crucial driver of industrial transformation; calls on the Commission to study how to fully use the leverage of public expenditure and investment to achieve policy objectives, including by making environmental and social criteria mandatory in public procurement; calls also on the Commission to push for a more ambitious International Procurement Instrument that provides for reciprocity and mutual standards, promoting respect for intellectual property to encourage foreign trading partners committing to an equally high level of protection as the EU;
Amendment 666 #
2020/2076(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission that in order to better support European research and innovation, to continue to support flexibility in licensing which enables innovators to license in a manner that reflects the many different uses made of their technology. In order for the EU to become front runners in 5G and 6G, European companies need fair compensation so they can maintain their R&D efforts; calls on the Commission to consider the impact that the IP Action Plan could have on European contributors to standards development;
Amendment 680 #
2020/2076(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to adopt a strong Key Performance Indicator (KPI) system to analyse the ex-ante impact of Union regulations and instruments on fact- based evidence, and to monitor progress and results;
Amendment 696 #
2020/2076(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to ensure a strong governance of the industrial strategy, focusing on the fourteen industrial ecosystems identified and should include relevant stakeholders and representatives of the fourteen industrial ecosystems, together with representatives from Member States and EU institutions;
Amendment 4 #
2020/2023(INI)
Draft opinion
Recital A
Recital A
A. whereas cohesion policy is a key instrument that ensures solidarity between Europeanall EU regions in exchange for the opportunities afforded by the internal market; whereas if regions are to access the internal market, they must make a contribution to the cohesion funds – as is the case for European Economic Area (EEA) countries;
Amendment 7 #
2020/2023(INI)
Draft opinion
Recital B
Recital B
B. whereas many regions of the EU will be negatively affected by the creation of new barriers to trade and to the movement of people between the EU and the UK, particularly those sharing a land or sea border with the UK, and will thus require additional support from cohesion funds;
Amendment 10 #
2020/2023(INI)
C. whereas even if the UK is a third country, it would be advantageous for Interreg programmes between EU and UK regionthe EU as well as for the UK for Interreg programmes to continue;
Amendment 13 #
2020/2023(INI)
Draft opinion
Recital E
Recital E
Amendment 18 #
2020/2023(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the UK should be invited to contribute to the cohesion funds if it wishes to participate in the internal market, in accordance with the model foralready applied to EEA countries;
Amendment 30 #
2020/2023(INI)
4. Stresses that, whatever solution is found for cohesion funding in other regions, it is of the utmost importance that the PEACE programme continue to operate in Northern Ireland and the border regions of Ireland, administered autonomously by the Special EU Programmes Body;
Amendment 37 #
2020/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 105 #
2020/2018(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to coordinate the activities of Digital Single Market with the ones of the Capital Markets Union, especially regarding the methodology that CMU adopts for the transition from open banking to open finance, in order to make sure that innovative enterprises will be able to have access to critical data so as to improve their capacity in developing digital products and services that the consumers value ; underscores the statement of the Executive VP of the Commission Mr Vestager on this matter and asks any future regulatory framework proposed by the Commission regarding the EU's Data Strategy to have explicit recommendations on this issue;
Amendment 121 #
2020/2018(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework, which promotes innovation and job creation;
Amendment 193 #
2020/2018(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underscores the need the Digital Single Market policies to identify general standards of acceptable digital infrastructure in the design of the « technological stack » of the digital services or the digital/smart products ; asks the Commission to define and apply standards that make sure that hardware, software, code, connectivity systems and storage/data management architecture are set by default in a way that protect the privacy of the consumer, that the consumer’s data are exclusively used within the nodes of the connecting devices that improve the consumer’s experience and they are not transferred to third parties for other commercial uses without the explicit consent of the consumer;
Amendment 213 #
2020/2018(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened; for providers of information society services which are directed primarily at consumers, which act as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods1а; __________________ 1а Justification: Addressing existing shortcomings in the transparency and obligation requirements of the E- Commerce Directive through a “one-size- fits-all” approach may not be the most appropriate solution. Instead, a market- relevant and consumer-oriented alternative would consist in promoting rules which account of the fact that different types of services merit different rules. Setting stronger consumer protection rules can be consistent with the promotion of ICT deployment in Europe, i.e. in setting specific rules for information society service providers depending on whether they are a concerned party in the provision of a business-to-consumer good or service, while balancing the need to safeguard the smoothness and speed of online business transactions.
Amendment 227 #
2020/2018(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providerthe providers of information society services which are directed primarily at consumers, which act as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date;
Amendment 240 #
2020/2018(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimedproviders of information society services which are directed primarily at consumers acting as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods, that would aim at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 262 #
2020/2018(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines that Data Management services and architecture of concentration, storage, use, reuse, curation and analytics is the first significant part of the value chain in the digital economy; considers that the Digital Single Market policies should address the challenges of this architecture; stresses that costs related to computation, elaboration, storage and access to data will determine the speed, depth and scale of the adoption of digital infrastructure and products, especially for SMEs and innovative start-ups ; believes that EU should develop its own adequate capacity for cloud services as well as to facilitate the development of a decentralized, interoperable system of data governance that enables the efficient use of local infrastructures, including fog, mist and edge computing; asks the Commission to enable the development of these local data infrastructures to support the expansion of IoT consumer products, IoT industrial products, and Smart Cities applications;
Amendment 66 #
2020/0380(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Following the end of the transition period, barriers to trade and to cross-border exchanges between the Union and the United Kingdom will be present. Bhave become a reality with broad and far-reaching consequences for businesses, citizens and public administrations are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 68 #
2020/0380(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Following tThe end of the transition period, has generated barriers to trade and to cross- border exchanges between the Union and the United Kingdom will be present. Bth broad and far- reaching consequences for businesses, workers, citizens and public administrations are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
Amendment 74 #
2020/0380(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economicnegative economic and social impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States, especially the moworst affected ones, including their regions and local communities, if applicable, in such exceptional circumstances.
Amendment 76 #
2020/0380(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union is committed to mitigating the economic, social and territorial impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States and regions, especially the most affected ones in such exceptional circumstances.
Amendment 82 #
2020/0380(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) A Brexit Adjustment Reserve (the ‘Reserve’) should be established to provide support to counter adverse consequences in Member States, regions and sectors, in particular those that are worst affected by the withdrawal of the United Kingdom from the Union, and thus to mitigate the related negative impact on the economic, social and territorial cohesion. It should cover in whole or in part the additional public and private expenditure incurred by Member States for measures specifically taken to mitigate those consequences.
Amendment 84 #
2020/0380(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is the opinion that Member States benefitting from the Brexit Adjustment Reserve have to provide all of the necessary public support evidence to maintain and create quality jobs where employment was negatively affected or lost due to the withdrawal of the UK from the EU.
Amendment 86 #
2020/0380(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective. Relevant regional and local authorities, economic and social partners and civil society of the territories concerned shall be involved in the process of identification of the support measures in accordance with the partnership principle laid down in Article 6 of Regulation (EU) .../… [new CPR].
Amendment 94 #
2020/0380(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) For the purpose of contributing to the Union’s social and environmental targets, the Reserve should be implemented in accordance with the principles set out in the European Pillar of Social Rights and the European Green Deal, in line with the objectives of the Paris Agreement and the UN Sustainable Development Goals.
Amendment 95 #
2020/0380(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Considers that special attention in the allocation of the means of this Reserve should be given by the Member States to small and medium-sized enterprise as, contrary to most large companies, they are less prepared and have fewer resources to tackle e.g. regulatory burdens and transportation difficulties.
Amendment 98 #
2020/0380(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Member States should rely on their regional public entities, if applicable, to select the adversely affected sectors and businesses while implementing the financial support from the Reserve.
Amendment 112 #
2020/0380(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Calls on the European Commission to provide the European Parliament with an impact assessment on the fluctuation of the British pound (GBP) in relation to the euro (EUR) in order to highlight the adverse consequences of the UK’s withdrawal on EU businesses and economic sectors, beginning 1 January 2019, the start of the reference period for financial contribution from the Reserve.
Amendment 117 #
2020/0380(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States, together with the European Commission, while implementing the Brexit Adjustment Reserve, have to seek to establish synergies with support received from the European Structural Funds, as well as to avoid overlaps between the use of this Reserve and Structural Funds.
Amendment 119 #
2020/0380(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union (TFEU) apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the general regime of conditionality for the protection of the Union budget in case of generalised deficiencies as regards the rule of law and the respect for fundamental rights in the Member States, which are essential preconditions for sound financial management and effective EU funding.
Amendment 140 #
2020/0380(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the adverse consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States moworst affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to that Member State within the limits of the financial resources available. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for.
Amendment 148 #
2020/0380(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with the Financial Regulation, Council Regulation (EC, Euratom) No 2988/9514 , Council Regulation (Euratom, EC) No 2185/9615 and Council Regulation (EU) 2017/193916 and Regulation (EU, Euratom) No 2020/2092 on a general regime of Rule of Law conditionality for the protection of the Union budget, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 14 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 15Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 16Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 17Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 152 #
2020/0380(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In their efforts to support their adversely affected sectors and regions, Member States should apply the principles laid down in the European Code of Conduct on Partnership.
Amendment 154 #
2020/0380(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to enhance transparency on the use of the Union contribution, the Commission should provide a final report to the European Parliament and the Council and the Committee of the Regions on the implementation of the Reserve.
Amendment 166 #
2020/0380(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The Reserve shall provide support to counter the adverse consequences of the withdrawal of the United Kingdom from the Union in Member States, regions and sectors, in particular thosmall and medium- sized enterprises that are worst affected by that withdrawal, and to mitigate the related impact on the economic, social and territorial cohesion.
Amendment 193 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) measures to assist in particular small and medium-sized businesses and local communities adversely affected by the withdrawal;
Amendment 208 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) measures to support employment, job protection and creation, including through short-time work schemes, up- skilling, re-skilling and training in affected sectors;
Amendment 210 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
(da) measures to facilitate the integration of returning EU workers from the UK, by way of social programs for job searching;
Amendment 226 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Expenditure shall be eligible if it is incurred and paid during the reference period for measures carried out in the Member State concerned or for the benefitmost affected regions of the Member State concerned.
Amendment 233 #
2020/0380(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures referred to in paragraph 1 shall comply with applicable law, subject to the exceptions referred to in Article [new Article 6] .
Amendment 250 #
2020/0380(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States, in cooperation with regional and local authorities in the areas most heavily affected, shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures.
Amendment 251 #
2020/0380(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
Amendment 319 #
2020/0380(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) designating, at the appropriate level of governance, one or more bodyies responsible for the management of the financial contribution from the Reserve and an independent audit body in accordance with Article 63(3) of the Financial Regulation, and supervising such bodies;
Amendment 325 #
2020/0380(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. The European Commission shall submit to the European Parliament and Council a detailed report by June 2023 on the implementation process of this regulation; following such a report, the European Parliament and Council may ask the European Commission to fine- tune this implementation process of the Reserve.
Amendment 326 #
2020/0380(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall be responsible for informing and publicising to Union citizens the role, the results and impact of the Union contribution from the Reserve through information and communication actions. To alleviate the negative impact on businesses and economic sectors, and to avoid administrative bottlenecks, Member States should strengthen their information campaigns to raise awareness about the new rules in place after the withdrawal of the UK from the EU.
Amendment 377 #
2020/0380(COD)
Proposal for a regulation
Annex II – table 1 – column 2 – row 8
Annex II – table 1 – column 2 – row 8
Amendment 378 #
2020/0380(COD)
Proposal for a regulation
Annex II – table 1 – column 2 – row 15.4
Annex II – table 1 – column 2 – row 15.4
Measures to support employmentjob protection and creation through short-time work schemes, re-skilling and training in adversely affected sectors
Amendment 95 #
2020/0359(COD)
Proposal for a directive
Recital 7
Recital 7
(7) With the repeal of Directive (EU) 2016/1148, the scope of application by sectors should be extended to a larger part of the economy in light of the considerations set out in recitals (4) to (6). The sectors covered by Directive (EU) 2016/1148 should therefore be extended to provide a comprehensive coverage of the sectors and services of vital importance for key societal and economic activities within the internal market. The ruleisk management requirements and reporting obligations should not be different according to whether the entities are operators of essential services or digital service providers. That differentiation has proven obsolete, since it does not reflect the actual importance of the sectors or services for the societal and economic activities in the internal market.
Amendment 97 #
2020/0359(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Depending on the sector in which they operate or the type of service they provide, the entities falling within the scope of this Directive should be classified into two categories: essential and important. That categorisation should take into account the level of criticality of the sector or of the type of service, as well as the level of dependency of other sectors or types of services. Both essential and important entities should be subject to the same risk management requirements and reporting obligations. The supervisory and penalty regimes between these two categories of entities should be differentiated to ensure a fair balance between requirements and obligations on one hand, and the administrative burden stemming from the supervision of compliance on the other hand. The provisions of this Directive apply to entities with complex business models or operating environments, whereby an entity may simultaneously fulfil the criteria assigned to both essential and important entities. In order to enable the effective supervision and enforcement of risk management measures and reporting obligations for entities falling within the scope of this Directive, competent authorities or CSIRTs shall enforce the provisions of this Directive to a function or unit level within an entity, in order to appropriately and sufficiently address the level of criticality.
Amendment 102 #
2020/0359(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Sector-specific legislation and instruments can contribute to ensuring high levels of cybersecurity, while taking full account of the specificities and complexities of those sectors. Sector- specific legislation and instruments that require essential or important entities to adopt cybersecurity risk management measures, or impose reporting obligations for significant incidents, shall, where possible, be consistent with the terminology, and refer to the definitions in Article 4 of this Directive. Where a sector–specific Union legal act requires essential or important entities to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats of at least an equivalent effect to the obligations laid down in this Directive, and apply to the entirety of the security aspects of the operations and services provided by essential and important entities, those sector-specific provisions, including on supervision and enforcement, should apply. The Commission may issue guidelines in relation to the implementation of the lex specialis. This Directive does not preclude the adoption of additional sector- specific Union acts addressing cybersecurity risk management measures and incident notifications. This Directive is without prejudice to the existing implementing powers that have been conferred to the Commission in a number of sectors, including transport and energy.
Amendment 105 #
2020/0359(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Sector-specific legislation and instruments can contribute to ensuring high levels of cybersecurity, while taking full account of the specificities and complexities of those sectors. Where a sector–specific Union legal act requires essential or important entities to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats of at least an equivalent effect to the obligations laid down in this Directive, and where the requirements are neither conflicting nor overlapping, those sector- specific provisions, including on supervision and enforcement, should apply. The Commission mayshall issue comprehensive guidelines in relation to the implementation of the lex specialis. This Directive does not preclude the adoption of additional sector-specific Union acts addressing cybersecurity risk management measures and incident notificationseach sector specific legislation, including on how it impacts the application of the directive. This Directive is without prejudice to the existing implementing powers that have been conferred to the Commission in a number of sectors, including transport and energy.
Amendment 108 #
2020/0359(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Upholding and preserving a reliable, resilient and secure domain name system (DNS) is a key factor in maintaining the integrity of the Internet and is essential for its continuous and stable operation, on which the digital economy and society depend. Therefore, this Directive should apply to all providers of DNS services along the DNS resolution chain, including operators of root name servers, top-level-domain (TLD) name servers, authoritative nametop-level- domain (TLD) name servers, public and open recursive domain name resolution services, and authoritative domain name resolution services. This Directive should not apply to decentralised servicers for domain names and recursive resolwhich centralised administration does not exist, such as the root name servers.
Amendment 111 #
2020/0359(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The edge ecosystem is an emerging vector susceptible to cyber threats and a growing trend with attacks targeting devices — such as routers, switches, and firewalls — is having a significant impact to both enterprises and to the connected digital ecosystem in its entirety. Edge computing ecosystems delivered in a highly distributed form are essential for the development of the Internet of Things (IoT), the Industrial Internet of Things (IIoT) and the sectoral ecosystems of connected devices such as connectivity infrastructure and autonomous vehicles. IoT devices may potentially offer additional attack surfaces and allow threats and attacks to trickle from the device to the network or the cloud. Poor security of IoT devices or IoT gateways can potentially hinder the security of the entire connectivity chain and the data flows towards the edge and the cloud, consequentially affecting the overall security of the ecosystem.
Amendment 112 #
2020/0359(COD)
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17b) The continuous increase of computing power combined with the rising levels of maturity of exponential technologies such as machine learning (ML) and artificial intelligence (AI) enable the development of advanced cybersecurity capabilities for real-time detection, analysis, containment and response to cyber threats in a rapidly evolving threat landscape. AI tools and applications are used to develop security controls including, but not limited to, active firewalls, smart antivirus, automated CTI (cyber threat intelligence) operations, AI fuzzing, smart forensics, email scanning, adaptive sandboxing, and automated malware analysis.
Amendment 113 #
2020/0359(COD)
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17c) Data-driven tools and applications powered by AI-enabled systems require the processing of large amounts of data, which may include personal data. Risks persist in the entire lifecycle of AI- enabled systems in cybersecurity- enhancing tools and applications, and in order to mitigate risks of unduly interference with the rights and freedoms of individuals, the requirements of data protection by design and by default laid down in Article 25 of Regulation (EU) 2016/679 shall be applied. Integrating appropriate safeguards such as pseudonymisation, encryption, data accuracy, and data minimisation in the design and use of AI-enabled systems deployed in cybersecurity applications and processes is essential to mitigate the risks that such systems may pose on personal data.
Amendment 114 #
2020/0359(COD)
Proposal for a directive
Recital 17 d (new)
Recital 17 d (new)
(17d) Member States should adopt policies on the promotion and integration of AI-enabled systems in the prevention and detection of cybersecurity incidents and threats as part of their national cybersecurity strategies. Such policies should emphasise the technological and operational measures including, but not limited to, workflow automation, streaming analytics, active monitoring, intelligent prediction and advanced network threat detection, in order to accelerate the analysis, validation and prioritisation of threats. ENISA’s National Capabilities Assessment Framework (NCAF) can assist in the evaluation and alignment of Member States’ policies building on available use cases and key performance indicators. Moreover, an assessment of Member States’ capabilities and overall level of maturity as regards the integration of AI- enabled systems in cybersecurity should be factored in the methodological construction of the cybersecurity index within the meaning of ENISA’s report on the state of cybersecurity in the Union under Article 15 of this Directive.
Amendment 115 #
2020/0359(COD)
Proposal for a directive
Recital 17 e (new)
Recital 17 e (new)
(17e) Open-source cybersecurity tools contribute to a higher degree of transparency and have a positive impact on the efficiency of industrial innovation. Open standards facilitate interoperability between security tools, benefitting the security of industrial stakeholders, enabling the diversification of reliance from a single supplier or vendor, and leading to a more comprehensive CTI framework. Semi-automation of CTI production is an important tool to reduce the number of manual steps underpinning the analysis of CTI. The use of AI and ML within CTI should be further explored to increase the value of machine learning functions within CTI activities.
Amendment 116 #
2020/0359(COD)
Proposal for a directive
Recital 17 f (new)
Recital 17 f (new)
(17f) Member States should develop a policy for the integration of open-source tools in public administration, and further explore measures to incentivise the wider adoption of open-source software by developing strategies to address and minimise the legal and technical risks that entities are faced with, as regards licensing and the necessary levels of technical support. Such policies are of particular importance for small and medium-sized enterprises (SMEs) facing significant costs for implementation, which can be minimised by reducing the need for specific applications or tools.
Amendment 121 #
2020/0359(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Public-Private Partnerships (PPPs) in the field of cybersecurity can provide the right framework for knowledge exchange, sharing of best practices and the establishment of a common level of understanding amongst all stakeholders. Goal-oriented and service outsourcing PPPs foster a culture of cybersecurity at the Member State level, and leverage the exchange and transfer of expertise, thus raising cybersecurity awareness and the overall level of reciprocal support between public and private entities. Hybrid PPPs enable governments to assign either the operation, or the delivery of service- specific functions, of a CSIRT to an experienced entity facilitating the access of public administrations to private sector resources, and increasing the levels of trust between stakeholders by establishing a proactive attitude in case of incidents or crises.
Amendment 122 #
2020/0359(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21b) Member States should adopt policies underpinning the establishment of cybersecurity-specific PPPs as part of their national cybersecurity strategies. These policies should clarify, among others, the scope and stakeholders involved, the governance model, the available funding options, and the interaction among participating stakeholders. PPPs can leverage the expertise of private sector entities to support Member States’ competent authorities in developing state-of-the art services and processes including, but not limited to, information exchange, early warnings, cyber threat and incident exercises, crisis management, and resilience planning.
Amendment 130 #
2020/0359(COD)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Cyber hygiene policies provide the foundations for protecting network and information system infrastructures, hardware, software and online application security, and business or end-user data which entities rely on. Cyber hygiene policies comprising a common baseline set of practices including, but not limited to, software and hardware updates, password changes, management of new installs, limitation of administrator-level access accounts, and backing up of data, enable a proactive framework of preparedness and overall safety and security in the event of incidents or threats.
Amendment 131 #
2020/0359(COD)
Proposal for a directive
Recital 26 b (new)
Recital 26 b (new)
(26b) Member States should adopt policies to promote cyber hygiene as part of their national cybersecurity strategies. Such policies should build on cyber hygiene controls and programmes that are affordable and accreditable in order to minimise the cost of implementation, especially for SMEs, and encourage wider compliance thereto by both public and private entities. ENISA should monitor and assess Member States’ cyber hygiene policies, and explore EU wide schemes to enable cross-border checks ensuring equivalence independent of Member State requirements.
Amendment 132 #
2020/0359(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Since the exploitation of vulnerabilities in network and information systems may cause significant disruption and harm, swiftly identifying and remedying those vulnerabilities is an important factor in reducing cybersecurity risk. Entities that develop such systems should therefore establish appropriate procedures to handle vulnerabilities when they are discovered. Since vulnerabilities are often discovered and reported (disclosed) by third parties (reporting entities), the manufacturer or provider of ICT products or services should also put in place the necessary procedures to receive vulnerability information from third parties. In this regard, international standards ISO/IEC 30111 and ISO/IEC 29417 provide guidance on vulnerability handling and vulnerability disclosure respectively. As regards vulnerability disclosure, coordination between reporting entities and manufacturers or providers of ICT products or services is particularly important. CVoluntary coordinated vulnerability disclosure specifies a structured process through which vulnerabilities are reported to organisations in a manner allowing the organisation to diagnose and remedy the vulnerability before detailed vulnerability information is disclosed to third parties or to the public. Coordinated vulnerability disclosure should also comprise coordination between the reporting entity and the organisation as regards the timing of remediation and publication of vulnerabilities. Strengthening the coordination and timely exchange of relevant information between the manufacturer or provider of ICT products or services and the reporting entities is essential to facilitate the voluntary framework of vulnerability disclosure.
Amendment 133 #
2020/0359(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Member States should therefore take measures to facilitate coordinated vulnerability disclosure by establishing a relevant national policy. In this regard, Member States should designate a CSIRT to take the role of ‘coordinator’, acting as an intermediary between the reporting entities and the manufacturers or providers of ICT products or services, where necessarythe reporting entity, or the manufacturer or the provider of ICT products or services, engages a third-party coordinator to assist with the disclosure process. The tasks of the CSIRT coordinator should, in particular, include identifying and contacting concerned entities, supporting reporting entities, negotiating disclosure timelines, and managing vulnerabilities that affect multiple organisations (multi- party vulnerability disclosure). Where vulnerabilities affect multiple manufacturers or providers of ICT products or services established in more than one Member State, the designated CSIRTs from each of the affected Member States should cooperate within the CSIRTs Network.
Amendment 134 #
2020/0359(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Member States should therefore take measures to facilitate coordinated vulnerability disclosure by establishing a relevant national policy. In this regard, Member States should designate a CSIRT to take the role of ‘coordinator’, acting as an intermediary between the reporting entities and the manufacturers or providers of ICT products or services, which report the vulnerability, and their customers, which are likely to be affected by the vulnerability, where necessary. The tasks of the CSIRT coordinator should in particular include identifying and contacting concerned entities, supporting reporting entities, negotiatingproviding guidelines on disclosure timelines, and managing vulnerabilities that affect multiple organisations (multi-party vulnerability disclosure). Where vulnerabilities affect multiple manufacturers or providers of ICT products or services established in more than one Member State, the designated CSIRTs from each of the affected Member States should cooperate within the CSIRTs Network in providing assistance and guidance to the affected manufacturers.
Amendment 139 #
2020/0359(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Although similar vulnerability registries or databases do exist, these are hosted and maintained by entities which are not established in the Union. A European vulnerability registry maintained by ENISA would provide improved transparency regarding the publication process before the vulnerability is officially disclosed, and resilience in cases of disruptions or interruptions on the provision of similar services. To avoid duplication of efforts and seek complementarity to the extent possible, ENISA should explore the possibility of entering into structured cooperation agreements with similar registries in third country jurisdictions. ENISA could play a more central management role either by exploring the option of becoming a “Root CVE Numbering Authority” in the global Common Vulnerabilities and Exposures (CVE) registry, or setting up a database to leverage the existing CVE programme for vulnerability identification and registration to enable interoperability and reference between the European and third country jurisdiction registries.
Amendment 142 #
2020/0359(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The competent authorities and CSIRTs should be empowered to participate in exchange schemes for officials from other Member States, within structured rules and mechanisms underpinning the scope and, where applicable, the required security clearance of officials participating in such exchange schemes, in order to improve cooperation. The competent authorities should take the necessary measures to enable officials from other Member States to play an effective role in the activities of the host competent authority or CSIRT.
Amendment 144 #
2020/0359(COD)
Proposal for a directive
Recital 38
Recital 38
Amendment 145 #
2020/0359(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 147 #
2020/0359(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Risk-management measures should include measures to identify any risks of incidents, to prevent, detect and handle, respond to, attribute, and recover from incidents, and to mitigate their impact. The security of network and information systems should comprise the security of stored, transmitted and processed data.
Amendment 149 #
2020/0359(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. Entities should thereforeevaluate their own cybersecurity capabilities and pursue the integration of cybersecurity enhancing technologies driven by AI or machine learning systems to automate their capabilities and the protection of network architectures. Entities should also assess and take into account the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures.
Amendment 151 #
2020/0359(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Addressing cybersecurity risks stemming from an entity’s supply chain and its relationship with its suppliers is particularly important given the prevalence of incidents where entities have fallen victim to cyber-attacks and where malicious actors were able to compromise the security of an entity’s network and information systems by exploiting vulnerabilities affecting third party products and services. Entities should therefore assess and take into account the overall quality of productand resilience of products, services and cybersecurity practices of their suppliers and service providers, including their secure development procedures.
Amendment 153 #
2020/0359(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Among service providers, managed security services providers (MSSPs) in areas such as incident response, penetration testing, security audits and consultancy play a particularly important role in assisting entities in their efforts to prevent, detect and respond to incidents. Those MSSPs have however also been the targets of cyberattacks themselves and through their close integration in the operations of operators pose a particular cybersecurity risk. Entities should therefore exercise increased diligence in selecting an MSSP, not only in terms of the close operational integration but also as regards the need for such outsourced activities involving personal data by a controller to be in full compliance with Regulation (EU) 2016/679, in particular the processing by a processor on behalf of a controller.
Amendment 156 #
2020/0359(COD)
Proposal for a directive
Recital 46
Recital 46
(46) To further address key supply chain risks and assist entities operating in sectors covered by this Directive to appropriately manage supply chain and supplier related cybersecurity risks, the Cooperation Group involving relevant national authorities, in cooperation with the Commission and ENISA, and in consultation with the European Data Protection Board (EDPB), should carry out coordinated sectoral supply chain risk assessments, as was already done for 5G networks following Recommendation (EU) 2019/534 on Cybersecurity of 5G networks21 , with the aim of identifying per sector which are the critical ICT services, systems or products, relevant threats and vulnerabilities. Particular emphasis should be placed on ICT services, systems or products subject to specific requirements, in particular in third country jurisdictions serving as the country of origin. _________________ 21Commission Recommendation (EU) 2019/534 of 26 March 2019 Cybersecurity of 5G networks (OJ L 88, 29.3.2019, p. 42).
Amendment 160 #
2020/0359(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The supply chain risk assessments, in light of the features of the sector concerned, should take into account both technical and, where relevant, non- technical factors including those defined in Recommendation (EU) 2019/534, in the EU wide coordinated risk assessment of 5G networks security and in the EU Toolbox on 5G cybersecurity agreed by the Cooperation Group. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria should be taken into account: (i) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (ii) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (iii) the availability of alternative ICT services, systems or products; (iv) the resilience of the overall supply chain of ICT services, systems or products against disruptive events across the entire lifecycle of the service, system or product and (v) for emerging ICT services, systems or products, their potential future significance for the entities’ activities. Such risk assessments should identify best practices for managing risks associated with risks in the ICT supply chain and explore ways to further incentivise their wider adoption by entities within each sector under examination.
Amendment 164 #
2020/0359(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Given the growing importance of number-independent interpersonal communications services, it is necessary to ensure that such services are also subject to appropriate security requirements in view of their specific nature and economic importance. Providers of such services should thus also ensure a level of security of network and information systems appropriate to the risk posed. Given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks, the degree of risk to network security for such services can be considered in some respects to be lower than for traditional electronic communications services. The same applies to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission. However, as the attack surface continues to expand, number-independent interpersonal communications services including, but not limited to, social media messengers, are becoming popular attack vectors. Malicious actors use platforms to communicate and attract victims to open compromised web pages, therefore increasing the likelihood of incidents involving the exploitation of personal data, and by extension, the security of information systems.
Amendment 165 #
2020/0359(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Given the growing importance of number-independent interpersonal communications services, it is necessary to ensure that such services are also subject to appropriate security requirements or used as means for meeting the requirements for risk management set under Article 18, in view of their specific nature, technological pervasiveness and economic importance. Providers of such services should thus also ensure a level of security of network and information systems appropriate to the risk posed. Given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks, the degree of risk for such services can be considered in some respects to be lower than for traditional electronic communications services. The same applies to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission.
Amendment 173 #
2020/0359(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to safeguard the security of electronic communications networks and services, the use of encryption, and in particular end-to-end encryption, should be promoted and, where necessary, should be mandatory for providers of such services and networks in accordance with the principles of security and privacy by default and by design for the purposes of Article 18. The use of end-to-end encryption should be reconciled with the Member State’ powers to ensure the protection of their essential security interests and public security, and to permit the investigation, detection and prosecution of criminal offences in compliance with Union law. Solutions for lawful access to information in end-to-end encrypted communications should maintain tThe effectiveness of encryption in protecting the privacy and security of communications, while provid must not be undermined ing an effective response to crimey circumstance, as any loophole in encryption is open to be explored or exploited by actors, regardless of their legitimacy or intent.
Amendment 175 #
2020/0359(COD)
Proposal for a directive
Recital 54 a (new)
Recital 54 a (new)
(54a) Any measures aimed at weakening encryption or circumventing the technology’s architecture may incur significant risks to the effective protection capabilities it entails, thus inevitably compromising the protection of personal data and privacy, resulting in an overall loss of trust in security controls. Any unauthorised decryption, reverse engineering of encryption code, or monitoring of electronic communications outside clear legal authorities should be prohibited to ensure the effectiveness of the technology and its wider use. The cases where encryption can be used to mitigate risks related to non-compliant data transfers as presented in EDPB Recommendations 01/2020 may enable stronger encryption, whether in transit or at rest, for providers of such services and networks for the purposes of Article 18.
Amendment 177 #
2020/0359(COD)
Proposal for a directive
Recital 55
Recital 55
(55) This Directive lays down a twohree- stage approach to incident reporting in order to strike the right balance between, on the one hand, swift reporting that helps mitigate the potential spread of incidents and allows entities to seek support, and, on the other hand, in-depth reporting that draws valuable lessons from individual incidents and improves over time the resilience to cyber threats of individual companies and entire sectors. Where entities become aware of an incident, theycompanies and entire sectors. In this regard, the Directive should also include reporting of incidents that, based on an initial assessment performed by the entity, may be assumed to lead to substantial operational disruption or financial losses or affect other natural or legal persons by causing considerable material or non- material losses. The initial assessment should take into account amongst others, the affected network and information systems and, in particular, their importance in the provision of the entity’s services, the severity and technical characteristics of the cyber threat, and any underlying vulnerabilities that are being exploited, as well as the entity’s experience with similar incidents. Where entities become aware of an incident, they should provide an early warning within 24 hours, without any obligation to disclose additional information. Entities should be required to submit an initial notification within 724 hours, followed by a finalcomprehensive report not later than one month after the incident has been handled. The initial incident notification should only include the information strictly necessary to make the competent authorities aware of the incident antimeline of 72 hours should not preclude entities from reporting incidents earlier, therefore allowing entities to seek support from competent authorities or CSIRTs swiftly, and enabling competent authorities or CSIRTs to mitigate the potential spread of the reported incident. Where an incident requires a longer period to be handled, an entity should be required to submit regular reports on the mitigation measures in place to contain, respond to, attribute and recover from the incident, and a comprehensive report not later than one month after the incident has been handled. The initial notification should allow the entity to seek assistance, if required. Such notification, where applicable, should indicate whether the incident is presumably caused by unlawful or malicious action. Member States should ensure that the requirement to submit this initial notification does not divert the reporting entity’s resources from activities related to incident handling that should be prioritised. To further prevent that incident reporting obligations either divert resources from incident response handling or may otherwise compromise the entities efforts in that respect, Member States should also provide that, in duly justified cases and in agreement with the competent authorities or the CSIRT, the entity concerned can deviate from the deadlines of 724 hours for the initial notification and one month for the finalcomprehensive report.
Amendment 183 #
2020/0359(COD)
Proposal for a directive
Recital 60
Recital 60
(60) The availability and timely accessibility of these data to public authorities, domain name registration data to legitimate access seekers is essential to protect the online ecosystem, prevent DNS abuse, detect and prevent crime and fraud, protect minors, protect intellectual property, and protect against hate speech. For the purposes of this Directive, legitimate access seekers are natural or legal persons making a justified request on the basis of a legitimate interest under Union or national law to access DNS data, and they may includinge competent authorities under Union or national law for the prevention, investigation or prosecution of criminal offences, CERTs, (CSIRTs, and as regards the data of their clients to, providers of electronic communications networks and services and providers of cybersecurity technologies and services acting on behalf of those clients, is essential to prevent and combat Domain Name System abuse, in particular to prevent, detect and respond to cybersecurity incidents. Such access should comply with Union data protection law insofar as it is related to personal data.
Amendment 185 #
2020/0359(COD)
Proposal for a directive
Recital 61
Recital 61
(61) In order to ensure the availability of accurate and complete domain name registration data, TLD registries and the entities providing domain name registration services for the TLD (so-called registrars) should collect and guarantee the integrity and availability of domain names registration data. In particular, TLD registries and the entities providing domain name registration services for the TLD should establish policies and procedures to collect and maintain accurate and complete registration data, as well as to prevent and correct inaccurate registration data in accordance with Union data protection rules.
Amendment 187 #
2020/0359(COD)
Proposal for a directive
Recital 62
Recital 62
(62) TLD registries and the entities providing domain name registration services for them shouldshould be required to make publically available domain name registration data that fall outside the scope of Union data protection rules, such as data that concernof legal persons25 . TLD registries and the entities providing domain name registration services for the TLD should also enable lawful access to specific domain name registration data concerning natural persons to legitimate access seekers, in accordance with Union data protection law. Member States should ensure that TLD registries and the entities providing domain name registration services for them should respond without undue delayin 72 hours to requests from legitimate access seekers for the disclosure of domain name registration data. TLD registries and the entities providing domain name registration services for them should establish policies and procedures for the publication and disclosure of registration data, including service level agreements to deal with requests for access from legitimate access seekers. The access procedure may also include the use of an interface, portal or other technical tool to provide an efficient system for requesting and accessing registration data. With a view to promoting harmonised practices across the internal market, the Commission may adopt guidelines on such procedures without prejudice to the competences of the European Data Protection Board. _________________ 25REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL recital (14) whereby “this Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person”.
Amendment 195 #
2020/0359(COD)
Proposal for a directive
Recital 69
Recital 69
(69) The processing of personal data, to the extent strictly necessary and proportionate for the purposes of ensuring network and information security by essential and important entities, public authorities, CERTs, CSIRTs, and providers of security technologies and services shoulis necessary to comply with a legal obligation under this Directive and constitutes a legitimate interest of the data controller concerned, as referred to in point (c) paragraph 1, and point (f) paragraph 1 respectively of Article 6 of Regulation (EU) 2016/679. That should include measures related to the prevention, detection, analysis and response to incidents, measures to raise awareness in relation to specific cyber threats, exchange of information in the context of vulnerability remediation and coordinated disclosure, as well as the voluntary exchange of information on those incidents, as well as cyber threats and vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools. Such measures may require the processing of the following types of personal data: IP addresses, uniform resources locators (URLs), domain names, and email addresses.
Amendment 199 #
2020/0359(COD)
Proposal for a directive
Recital 71
Recital 71
(71) In order to make enforcement effective, a minimum list of administrative sanctions for breach of the cybersecurity risk management and reporting obligations provided by this Directive should be laid down, setting up a clear and consistent framework for such sanctions across the Union. Due regard should be given to the nature, gravity and duration of the infringement, the actual damage caused or losses incurred or potential damage or losses that could have been triggered, the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered, the degree of responsibility or any relevant previous infringements, the degree of cooperation with the competent authority and any other aggravating or mitigating factor. The imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection and due process.
Amendment 201 #
2020/0359(COD)
Proposal for a directive
Recital 76
Recital 76
(76) In order to further strengthen the effectiveness and dissuasiveness of the penalties applicable to infringements of obligations laid down pursuant to this Directive, the competent authorities should be empowered to apply sanctions consisting of the, where applicable, the temporary suspension of a certification or authorisation concerning part or all the services provided by an essential entity, and the imposition of a temporary ban from the exercise of managerial functions by a natural personagainst any person discharging managerial responsibilities at chief executive officer or legal representative level in that essential entity from exercising managerial functions in that entity. This provision shall not apply to public administration entities as referred to in this Directive. Given their severity and impact on the entities’ activities and ultimately on their consumers, such sanctions should only be applied proportionally to the severity of the infringement and taking account of the specific circumstances of each case, including the intentional or negligent character of the infringement, actions taken to prevent or mitigate the damage and/or losses suffered. Such sanctions should only be applied as ultima ratio, meaning only after the other relevant enforcement actions laid down by this Directive have been exhausted, and only for the time until the entities to which they apply take the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. The imposition of such sanctions shall be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the Charter of Fundamental Rights of the European Union, including effective judicial protection, due process, presumption of innocence and right of defence.
Amendment 206 #
2020/0359(COD)
Proposal for a directive
Recital 79
Recital 79
(79) A peer-review mechanism should be introduced, allowing the assessment by experts designated by the Member States and ENISA of the implementation of cybersecurity policies, including the level of Member States’ capabilities and available resources, and provide an effective path for the transfer of cybersecurity-enhancing technologies, mechanisms and processes between and among competent authorities or CSIRTs.
Amendment 208 #
2020/0359(COD)
Proposal for a directive
Recital 80
Recital 80
(80) In order to take into account new cyber threats, technological developments or sectorial specificities, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the elements in relation to risk management measures required by this Directive. The Commission should also be empowered to adopt delegated actsinitiate legislative proposals under Article 114 TFEU establishing which categories of essential entities shall be required to obtain a certificate and under which specific European cybersecurity certification schemes. 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 Inter- institutional Agreement of 13 April 2016 on Better Law-Making26 . 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. _________________ 26 OJ L 123, 12.5.2016, p. 1.
Amendment 231 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. As regards the processing of personal data, essential and important entities as well as competent authorities, CERTs, and CSIRTs, shall process personal data to the extent strictly necessary and proportionate for the purposes of ensuring network and information security in accordance with the obligations set out in this Directive. Where the processing of personal data is required for the purpose of cybersecurity and network and information security in accordance with the provisions set out in Article 18 and Article 20 of the Directive, including the provisions set out in Article 23, that processing is considered necessary for compliance with a legal obligation in accordance with paragraph1(c) of Article 6 of Regulation (EU) 2016/679.
Amendment 233 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. For the purposes of arrangements underpinning cybersecurity information- sharing and voluntary notification of information as set out in Articles 26 and 27 of this Directive, the processing of personal data constitutes a legitimate interest of the data controller concerned in accordance with paragraph 1(f) of Article 6 of Regulation (EU) 2016/679.
Amendment 235 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. As regards the processing of personal data from essential entities providing services of public electronic communications networks or publicly available electronic communications referred to in point 8 of Annex I and point (a)(i) of paragraph2(1), such processing of personal data required for the purposes of ensuring network and information security shall be in compliance with the provisions set out in Directive 2002/58/EC.
Amendment 238 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Sector-specific acts that require essential or important entities either to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats, shall, where possible, refer to the definitions in Article 4 of this Directive. Where provisions of sector–specific acts of Union law require essential or important entities either to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats, and where those requirements are at least equivalent in effect to the obligations laid down in this Directive, the relevant provisions of this Directive, including the provision on supervision and enforcement laid down in Chapter VI, shall not apply.
Amendment 239 #
2020/0359(COD)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Where provisions of sector–specific acts of Union law require essential or important entities either to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats, and where those requirements are at least equivalent in effect to the obligations laid down in this Directive, including with regards to the competence and obligations of the supervisory authority, the relevant provisions of this Directive, including the provision on supervision and enforcement laid down in Chapter VI, shall not apply.
Amendment 243 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4a) ‘near miss’ means an event which could have caused harm, but was successfully prevented from fully transpiring;
Amendment 247 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
(6) ‘incident handling’ means all actions and procedures aiming at prevention, detection, analysis, attribution, and containment of and a response to an incident;
Amendment 248 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 7 a (new)
Article 4 – paragraph 1 – point 7 a (new)
(7a) ‘risk’ means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of that incident;
Amendment 250 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 13
Article 4 – paragraph 1 – point 13
(13) ‘domain name system (DNS)’ means a hierarchical distributed naming system which allows end-users to reach services and resources on the internetenables the identification of internet services and resources, allowing end-user devices to utilise internet routing and connectivity services, to reach those services and resources;
Amendment 253 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 14
Article 4 – paragraph 1 – point 14
(14) ‘DNS service provider’ means an entity that provides recursive or authoritative domain name resolution services to internet end-users and other DNS service provider: a) open and public recursive domain name resolution services; or b) authoritative domain name resolution services as a service procurable by third-party entities;
Amendment 255 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 15
Article 4 – paragraph 1 – point 15
(15) ‘top–level domain name registry’ means an entity which has been delegated a specific TLD and is responsible for administering the TLD including the registration of domain names under the TLD and the technical operation of the TLD, including the operation of its name servers, the maintenance of its databases and the distribution of TLD zone files across name servers, irrespective of whether any of those operations are being performed by the entity or are outsourced;
Amendment 256 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 15 a (new)
Article 4 – paragraph 1 – point 15 a (new)
(15a) ‘legitimate access seekers’ means any natural or legal person, including competent authorities under Union or national law for the prevention, investigation or prosecution of criminal offences, CSIRTs, CERTs, providers of electronic communications networks and services, and providers of cybersecurity technologies and services, seeking DNS data upon a justified request on the basis of Union or national law for the purposes of preventing DNS abuse, detecting and preventing crime and fraud, protecting minors, protecting intellectual property, and protecting against hate speech;
Amendment 257 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 22
Article 4 – paragraph 1 – point 22
(22) ‘social networking services platform’ means a platform that enables end-users to connect, share, discover and communicate with each other via number- independent interpersonal communications services across multiple devices, and in particular, via chats, posts, videos and recommendations);
Amendment 258 #
2020/0359(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 22 a (new)
Article 4 – paragraph 1 – point 22 a (new)
(22a) ‘compromise assessment’ is an objective inspection by a qualified entity of a network and its devices to discover unknown security breaches and ongoing or past intrusions, signs of indicators of compromise, unauthorised access, malware, and to assess risks by identifying weaknesses in the security architecture, vulnerabilities, improper usage or policy violations and system security misconfigurations;
Amendment 272 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Each Member State shall adopt a national cybersecurity strategy defining the strategic objectives and, the required technical, organisational, and financial resources to achieve those objectives, and the appropriate policy and regulatory measures, with a view to achieving and maintaining a high level of cybersecurity. The national cybersecurity strategy shall include, in particular, the following:
Amendment 277 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2, and an appropriate framework defining the roles and responsibilities of public bodies and entities as well as other relevant actors, underpinning the cooperation and coordination, at the national level, between the competent authorities designated under Articles 7(1) and 8(1), the single point of contact designated under Article 8(3), and the CSIRTs designated under Article 9;
Amendment 284 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a a (new)
Article 5 – paragraph 2 – point a a (new)
(aa) guidelines addressing cybersecurity in the supply chain for ICT products and services used by entities outside the scope of this Directive, and in particular supply chain challenges faced by SMEs;
Amendment 287 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
(da) a policy on promoting the integration of open-source tools and applications;
Amendment 288 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d b (new)
Article 5 – paragraph 2 – point d b (new)
(db) a policy to promote and support the development and integration of AI and other emerging technologies in cybersecurity-enhancing tools and applications;
Amendment 289 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) a policy on promoting and developing cybersecurity skills, awareness raising and research and development initiatives, including targeted policies addressing issues relating to gender representation and balance in the aforementioned areas;
Amendment 290 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) a policy to promote cyber hygiene programmes comprising a baseline set of practices and controls;
Amendment 293 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 2 – point f a (new)
Article 5 – paragraph 2 – point f a (new)
(fa) a policy, including relevant procedures and governance frameworks, to support and promote the establishment of cybersecurity PPPs;
Amendment 301 #
2020/0359(COD)
3. Member States shall notify their national cybersecurity strategies to the Commission within three months from their adoption. Member States may exclude specific information from the notification where and to the extent that it is strictly necessary to preserve national security.
Amendment 302 #
2020/0359(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall assess their national cybersecurity strategies at least every four years on the basis of key performance indicators and, where necessary, amend them. The European Union Agency for Cybersecurity (ENISA) shall assist Member States, upon request, in the development of a national strategy and of key performance indicators for the assessment of the strategy. ENISA shall provide guidance to Member States in order to align their already formulated national cybersecurity strategies with the requirements and obligations set out in this Directive.
Amendment 311 #
2020/0359(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registry. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures, and the necessary technical and organisational measures to ensure the security and integrity of the registry, with a view in particular to enabling important and essential entities and their suppliers of network and information systems, as well as entities excluded from the scope of this Directive, and their suppliers, to disclose and register vulnerabilities present in ICT products or ICT services, as well as to provide access to the information on vulnerabilities contained in the registry to all interested parties, enabling all parties and in particular, the users of the ICT products or ICT services concerned to adopt appropriate mitigating measures. The registry shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, and the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
Amendment 314 #
2020/0359(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Where a Member State designates more than one competent authorities referred to in paragraph1, it should clearly indicate which of these competent authorities shall serve as the main point of contact for the management of large- scale incidents and crises.
Amendment 320 #
2020/0359(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that each CSIRT has adequate resources and the technical capabilities necessary to carry out effectively their tasks as set out in Article 10(23).
Amendment 325 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) CSIRTs shall be equipped with an appropriate system for managclassifying, routing, and routtracking requests, in particular, to facilitate effective and efficient handovers;
Amendment 326 #
2020/0359(COD)
(ca) CSIRTs shall have appropriate codes of conduct in place to ensure the confidentiality and trustworthiness of their operations;
Amendment 327 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) CSIRTs shall be equipped with redundant systems and backup working space to ensure continuity of its services, including full-spectrum connectivity across networks, information systems and services, and devices;
Amendment 328 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(ea) CSIRTs shall have appropriate descriptions of the skillsets required by staff to meet the technical capabilities necessary to perform assigned tasks;
Amendment 329 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e b (new)
Article 10 – paragraph 1 – point e b (new)
(eb) CSIRTs shall have appropriate internal training frameworks and, where suitable, relevant policies to support external technical training of staff in order to reinforce a culture of continuous improvement;
Amendment 330 #
2020/0359(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. CSIRTs shall develop the following technical capabilities to perform their tasks: (a) The ability to conduct real-time monitoring of networks and information systems, and anomaly detection; (b) The ability to support penetration prevention operations including, in particular, the detection and analysis of sophisticated cyber threats; (c) The ability to collect and conduct complex forensic data analysis, and reverse engineering of cyber threats; (d) The ability to filter harmful communication content including, but not limited to, malicious e-mails; (e) The ability to protect data, including personal and sensitive data, from unauthorised exfiltration; (f) The ability to enforce strong authentication and access privileges; (g) The ability to analyse and attribute cyber threats.
Amendment 352 #
2020/0359(COD)
Proposal for a directive
Article 13 – paragraph 3 – point a a (new)
Article 13 – paragraph 3 – point a a (new)
(aa) facilitating the transfer of technology and relevant measures, policies and frameworks among the CSIRTs;
Amendment 353 #
2020/0359(COD)
Proposal for a directive
Article 13 – paragraph 3 – point g – point v
Article 13 – paragraph 3 – point g – point v
(v) contribution to the national cybersecurity incident and crisis response plan referred to in Article 7 (34);
Amendment 364 #
2020/0359(COD)
Proposal for a directive
Article 15 – paragraph 1 – point a a (new)
Article 15 – paragraph 1 – point a a (new)
(aa) the general level of cybersecurity awareness amongst citizens and consumers, the security of consumer- facing connected devices, and the security of digital public services and the respective digital infrastructures through which such services are offered to citizens;
Amendment 368 #
2020/0359(COD)
Proposal for a directive
Article 15 – paragraph 1 – point c b (new)
Article 15 – paragraph 1 – point c b (new)
(cb) the alignment of Member States’ national cybersecurity strategies referred to in Article 5, including the level of convergence of key performance indicators for the assessment of the strategies.
Amendment 370 #
2020/0359(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. ENISA, in cooperation with the Commission and with guidance from the Cooperation Group and the CSIRTs network, shall prepare the methodological specifications, including the relevant variables underpinning the scoring and validation of the cybersecurity index referred to in paragraph 1(e).
Amendment 372 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The Commission shall establish, after consulting the Cooperation Group and ENISA, and at the latest by 18 months following the entry into force of this Directive, the methodology and content of a peer-review system for assessing the effectiveness of the Member States’ cybersecurity policies. ENISA shall develop templates for the self-assessment of the reviewed aspects, which Member States being reviewed shall complete and provide to designated experts prior to the commencement of the peer-review process. The reviews shall be conducted by cybersecurity technical experts drawn from ENISA and at least two Member States different than the one reviewed and shall cover at least the following:
Amendment 374 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 1 – point iii
Article 16 – paragraph 1 – point iii
(iii) the operationtechnical capabilities and effectiveness of CSIRTs; in executing their tasks;
Amendment 375 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The methodology shall include objective, non-discriminatory, fair and transparent criteria on the basis of which the Member States shall designate experts eligible to carry out the peer reviews. The Commission, supported by ENISA, shall develop appropriate codes of conduct underpinning the work methods of designated experts participating in peer- reviews to safeguard the confidentiality of information obtained through the peer- review process, and the non-disclosure of such information to any third parties. ENISA and the Commission shall designate experts to participate as observers in the peer-reviews. The Commission, supported by ENISA, shall establish within the methodology as referred to in paragraph 1 an objective, non-discriminatory, fair and transparent system for the selection and the random allocation of experts for each peer review.
Amendment 376 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Peer reviews shall entail actual or virtual on-site visits and off-site exchanges. In view of the principle of good cooperation, the designated experts tasked with carrying out the peer-review shall communicate the aspects under review as referred to in paragraph 1, including any additional targeted issues specific to the Member State or sectors referred to in paragraph 3, and request a corresponding self-assessment report from the Member States being reviewed. The Member States being reviewed shall provide the designated experts with the requested information necessary for the assessment of the reviewed aspects. Any information obtained through the peer review process shall be used solely for that purpose. The experts participating in the peer review shall not disclose any sensitive or confidential information obtained in the course of that review to any third parties.
Amendment 378 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Member States shall ensure that any risk of conflict of interests concerning the designated experts are revealed to the other Member States, the Commission and ENISA without undue delay, before the designation of experts referred to in paragraphs 1 and 2.
Amendment 379 #
2020/0359(COD)
Proposal for a directive
Article 16 – paragraph 7
Article 16 – paragraph 7
7. Experts participating in peer reviews shall draft reports on the findings and conclusions of the reviews. The reports shall include recommendations to enable improvement on the aspects covered by the peer-review process, including recommendations on the transfer of technologies, tools, measures, and processes from Member States carrying out the peer-review to the Member State being reviewed. The reports shall be submitted to the Commission, the Cooperation Group, the CSIRTs network and ENISA. The reports shall be discussed in the Cooperation Group and the CSIRTs network. The reports may be published on the dedicated website of the Cooperation Group.
Amendment 382 #
2020/0359(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the management bodies of essential and important entities approve the cybersecurity risk management measures taken by those entities in order to comply with Article 18, supervise its implementation and be accountable for the non-compliance by the entities with the obligations under this Article. Those measures shall non-exhaustively include an appropriate deployment of state-of-the- art products, services and processes for the resilience of the entity’s network and information systems.
Amendment 389 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that essential and important entities shall take appropriate and proportionate technical, operational and organisational measures to manage the risks posed to the security of network and information systems which those entities use infor their operations or for the provision of their services. Having regard to the state of the art, those measures shall ensure a level of security of network and information systems appropriate to the risk presented.
Amendment 391 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) incident handling (prevention, detection, andmitigation, response to, recovery from, and attribution of incidents);
Amendment 394 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) business continuity, disaster recovery and crisis management;
Amendment 396 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point c a (new)
Article 18 – paragraph 2 – point c a (new)
(ca) where relevant, multi-factor authentication and/or continuous authentication solutions;
Amendment 399 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point f a (new)
Article 18 – paragraph 2 – point f a (new)
(fa) deployment of secured voice, video and text communications, and of secured emergency communications systems within the entity;
Amendment 400 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 2 – point f b (new)
Article 18 – paragraph 2 – point f b (new)
(fb) periodic compromise assessments of the entity’s network, infrastructure and devices;
Amendment 406 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that, where considering appropriate measures referred to in point (d) of paragraph 2, entities shall take into account the vulnerabilities specific to each supplier and service provider and the overall quality of products and cybersecurity practices of their suppliers and service providers, including their secure development procedures.
Amendment 414 #
2020/0359(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The Commission may adopt implementingdelegated acts in order to lay down the technical and the methodological specifications of the elements referred to in paragraph 2. Where preparing those acts, the Commission shall proceed in accordance with the examination procedure referred to in Article 37(2) and follow, to the greatest extent possible, international and European standards, as well as relevant technical specifications.
Amendment 418 #
2020/0359(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Amendment 424 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 32 and 43 of any incident having a significant impact on. Where the incident concerns the provisions of their services. Where appropriate, those entities shall notify, without undue delay, the recipientsentities’ services, those entities shall notify affected users about the unavailability or underlying risks of use of their services of incidents that are likely to adversely affect the provision of that service in order to mitigate the adverse effects of the incident. Essential and important entities may deviate from notifying affected users in case of overriding reasons inducing, but not limited to, that notification worsening the impact of an ongoing incident. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident. The notification shall not make the notifying entity subject to increased liability.
Amendment 431 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Amendment 433 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Amendment 436 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Where applicable and in respect to their contractual arrangements, those entities shall notify, without undue delay, the recipients of their services that are potentially affected by a significant cyber threat of any measures or remedies that those recipients can take in response to that threat. Where appropriate, the entities shall also notify those recipients of the threat itself. The notification shall not make the notifying entity subject to increased liability.
Amendment 445 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point -a (new)
Article 20 – paragraph 4 – subparagraph 1 – point -a (new)
(-a) an early warning within 24 hours after having become aware of an incident, without any obligations on the entity concerned to disclose additional information regarding the incident;
Amendment 448 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point a
Article 20 – paragraph 4 – subparagraph 1 – point a
(a) without undue delay and in any event within 724 hours after having become aware of the incident, an initial notification, which, where applicable, shall indicate whether the incident is presumably caused by unlawful or malicious action;
Amendment 453 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
Article 20 – paragraph 4 – subparagraph 1 – point c – introductory part
(c) a finalcomprehensive report not later than one month after the submission of the report under point (a), including at least the following:
Amendment 463 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The competent national authorities or the CSIRT shall provide, within 24 hours after receiving the initial notification referred to in point (ab) of paragraph 43, a response to the notifying entity, including initial feedback on the incident and, upon request of the entity, guidance on the implementation of possible mitigation measures. Where the CSIRT did not receive the notification referred to in paragraph 1 , the guidance shall be provided by the competent authority in collaboration with the CSIRT. The CSIRT shall provide additional technical support if the concerned entity so requests. Where the incident is suspected to be of criminal nature, the competent national authorities or the CSIRT shall also provide guidance on reporting the incident to law enforcement authorities.
Amendment 471 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 8
Article 20 – paragraph 8
8. At the request of the competent authority or the CSIRT, the single point of contact shall forward notifications received pursuant to paragraphs 1 and 2 1 to the single points of contact of other affected Member States. In compliance with Union law, or in accordance with Member State legislation compliant with Union law, the single point of contact shall preserve the security and commercial interests of the essential or important entity reporting the incident, including the confidentiality of the information provided by the reporting entity in the notification of the incident, when forwarding the notification to the single points of contact of other affected Member States.
Amendment 475 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 9
Article 20 – paragraph 9
9. The single point of contact shall submit to ENISA on a monthly basis a summary report including anonymised and aggregated data on incidents, significant cyber threats and near misses notified in accordance with paragraphs 1 and 2 and in accordance withof this Article, and Article 27. In order to contribute to the provision of comparable information, ENISA may issue technical guidance on the parameters of the information included in the summary report.
Amendment 481 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 10 a (new)
Article 20 – paragraph 10 a (new)
10a. ENISA, in cooperation with the Cooperation Group, shall develop common incident notification templates by [date of transposition deadline of the Directive], to streamline the reporting obligations of essential and important entities, and simplify the sharing of relevant information referred to in point (b) of paragraph 1 of this Article.
Amendment 483 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 11
Article 20 – paragraph 11
11. The Commission, may adopt implementing acts further specifying the type of information, the format and the procedure of a notification submitted pursuant to paragraphs 1 and 2. The Commission may also adopt implementing shall be empowered to adopt delegated acts to further specifying the cases in which an incident shall be considered significant as referred to in paragraph 3. Those implementing acts shall be adopte2, and in accordance with the examination procedureercise of delegation power referred to in Article 37(2)6.
Amendment 485 #
2020/0359(COD)
Proposal for a directive
Article 20 – paragraph 11
Article 20 – paragraph 11
11. The Commission, may adopt implementingdelegated acts further specifying the type of information, the format and the procedure of a notification submitted pursuant to paragraphs 1 and 2. The Commission may also adopt implementing acts to further specify the cases in which an incident shall be considered significant as referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).
Amendment 487 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. In order to demonstrate compelevate the overall level of cybersecurity resiliaence with certain requirements of Article 18, Member States may require, the Commission may issue a legislative proposal under Article 114 TFEU requiring certain essential and important entities to certify certain ICT products, ICT services and ICT processes under existing specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parties. Such certification requirements shall foresee a transition period that allows providers and end users to get into conformity, and they shall be developed in a way that avoids market distortion.
Amendment 494 #
2020/0359(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 502 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. For the purpose of contributing to the security, stability and resilience of the DNS, Member States shall ensure that TLD registries and the entities providing domain name registration services for the TLD shall collect and maintain accurate and complete domain name registration data in a dedicated database facility with due diligence subject to Union data protection law as regards data which are personal data.
Amendment 505 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 4
Article 23 – paragraph 4
4. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD publish, without undue delaymake publicly available, within 72 hours after the registration of a domain name, domain registration data which are not personal dataof legal persons as registrants.
Amendment 507 #
2020/0359(COD)
Proposal for a directive
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD provide access to specific domain name registration data upon lawful and, including personal data, upon duly justified requests of legitimate access seekers, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD reply without undue delayreply within 72 hours to all requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available. The Commission may adopt implementing acts laying out the requirements to be demonstrated by legitimate access seekers to TLD registries and entities providing domain name registration services before access to specific domain name registration data is granted. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 37(2).
Amendment 514 #
2020/0359(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. For the purposes of this Directive, entities referred to in paragraph 1 shall be deemed to have their main establishment in the Union in the Member State where the decisions related to the cybersecurity risk management measures are taken, or where cybersecurity operations are carried out. If such decisions are not taken in any establishment in the Union, the main establishment shall be deemed to be in the Member State where the entities have the establishment with the highest number of employees in the Union.
Amendment 518 #
2020/0359(COD)
Proposal for a directive
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. ENISA shall create and maintain a registry for essential and important entities referred to in Article 24(1). ENISA shall establish appropriate information classification and management protocols to ensure the security and confidentiality of disclosed information, and restrict the access, storage, and transmission of such information to intended users. The entities shall submit the following information to ENISA by [12 months after entering into force of the Directive at the latest]:
Amendment 523 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Without prejudice to Regulation (EU) 2016/679, Member States shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats, near misses, vulnerabilities, indicators of compromise, tactics, techniques and procedures, cybersecurity alerts and configuration tools, where such information sharing:
Amendment 528 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure thfacilitate the exchange of information takes place withinby enabling the establishment of trusted communities of essential and important entities. Such exchange shall be implemented through information sharing arrangements in respect of the potentially sensitive nature of the information shared and in compliance with the rules of Union law referred to in paragraph 1.
Amendment 529 #
2020/0359(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall set out rules specifying the procedure,facilitate information sharing by making operational elements (including the use of dedicated ICT platforms), and content and conditionsvailable of the information sharing arrangements referred to in paragraph 2. Such rul, and may impose certain conditions on the information made available by competent authorities or CSIRTs. Member States shall also lay down the details of the involvement of public authorities in such arrangements, as well as operational elements, including the use of dedicated IT platforms. Member States shall offer support to the application of such arrangements in accordance with their policies referred to in Article 5(2) (g(l).
Amendment 546 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) targeted security audits based on risk assessments orperformed by the competent authorities, risk assessments performed by the audited entity, or in the absence thereof, risk-related available information;
Amendment 552 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 4 – point i
Article 29 – paragraph 4 – point i
Amendment 557 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – point a
Article 29 – paragraph 5 – subparagraph 1 – point a
(a) where applicable, temporarily suspend or request a certification or authorisation body to temporarily suspend a certification or authorisation concerning part or all the services or activities provided by an essential entity until the entity takes the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied;
Amendment 565 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 1 – point b
Article 29 – paragraph 5 – subparagraph 1 – point b
(b) impose or request the imposition by the relevant bodies or courts according to national laws of a temporary ban against any person discharging managerial responsibilities at chief executive officer or legal representative level in that essential entity, and of any other natural person held responsible for the breach, from exercising managerial functions in that entity from exercising managerial functions in that entity. This provision shall not apply to public administration entities as referred to in point (23) of Article 4.
Amendment 566 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
Amendment 570 #
2020/0359(COD)
Proposal for a directive
Article 29 – paragraph 7 – point c
Article 29 – paragraph 7 – point c
(c) the actual damage caused or losses incurred or potential damage or losses that could have been triggered, insofar as they can be determined. Where evaluating this aspect, account shall be taken, amongst others, of actual or potentialincluding financial or economic losses, effects on other services, and the number of users affected or potentially affected;
Amendment 574 #
2020/0359(COD)
Proposal for a directive
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) targeted security audits based on risk assessments orperformed by the competent authority, risk assessments performed by the audited entity, or in the absence thereof, risk-related available information;
Amendment 575 #
2020/0359(COD)
Proposal for a directive
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) security scans based on objective, non-discriminatory, fair and transparent risk assessment criteria;
Amendment 577 #
2020/0359(COD)
Proposal for a directive
Article 30 – paragraph 4 – point h
Article 30 – paragraph 4 – point h
Amendment 582 #
2020/0359(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where the competent authorities have indications that the infringement by an essential or important entity of the obligations laid down in Articles 18 and 20 entails a personal data breach, as defined by Article 4(12) of Regulation (EU) 2016/679 which shall be notified pursuant to Article 33 of that Regulation, they shall inform the supervisory authorities competent pursuant to Articles 55 and 56 of that Regulation within a reasonable period of timeout undue delay.
Amendment 586 #
2020/0359(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
As regards Digital Providers referred to in point (6) of Annex II, where platforms operated by such important entities are classified as very large online platforms within the meaning of Article 25 of Regulation (EU) XXXX/XXXX [Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC], or where the providers of core platform services are designated as gatekeepers within the meaning of Article 3 of Regulation (EU) XXXX/XXXX [Contestable and fair markets in the digital sector (Digital Markets Act)], these providers shall be designated as essential entities within the meaning of this Directive to adequately address the functioning of the economy and society in relation to cybersecurity, given the systemic risk stemming from the functioning and use made of their services in the Union, or the important gateway function that their core platform services serve for business users to reach end users.
Amendment 67 #
2020/0321(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The unprecedented experience of the COVID-19 pandemic has demonstrated that the Union should be more effective in managing the availability of medicinal products and medical devices and in developing medical countermeasures to address the threats posed to public health. The Union’s ability to do so has been severely impeded by the absence of a clearly defined legal framework for managing its response to the pandemic, and also by the limited degree of Union preparedness in case of a public health emergency impacting a majority of Member States. The pandemic has also shown the necessity of having an innovative and research based pharmaceutical industry that works closely with EMA in order to be better prepared for future health crisis and disruptions in the supply chain. COVID- 19 also underlined the need for more transparency on medicines pricing and EU marketing authorisation.
Amendment 74 #
2020/0321(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The COVID-19 pandemic is a clear example of the need to reinforce the application of the One Health approach in the EU to achieve better public health outcomes, since, as stated in the EU4Health Programme, human health is connected to animal health and the environment and actions to tackle threats to health should take into account those three dimensions.
Amendment 83 #
2020/0321(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The outbreak of COVID-19 and the subsequent health crisis revealed the need for a more coordinated European approach in crisis management. Although the emergency of the situation explains the lack of an impact assessment, sufficient allocation of resources in terms of staff and funding needs to be secured, taking into account the specificities of the health sector in the different Member States.
Amendment 84 #
2020/0321(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure a better functioning of the internal market of those products and contribute to a high level of human health protection, it is therefore appropriate to approximate the rules on monitoring of shortages of medicinal products and medical devices, and to facilitate the research and development of medicinal products, which may have the potential to treat, prevent, or diagnose diseases that cause public health crises. Highlights in this respect the necessity of developing analytics to predict emerging risks, including the use of alternative data sources.
Amendment 99 #
2020/0321(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Individual research entities may agree together, or with another party, to act as a sponsor in order to prepare one harmonised Union-wide clinical trial protocol, yet experience during the COVID-19 pandemic has shown that initiatives to set up large multinational trials struggle to materialise due to the lack of a single entity that can undertake all the responsibilities and activities of a sponsor within the Union, while interacting with multiple Member States. It is therefore appropriate for the Agency to identify and facilitate such initiatives by giving advice on the possibilities to act as a sponsor or, where applicable, to define respective responsibilities as co-sponsors in accordance with Article 72 of Regulation (EU) 536/2014. Such an approach would strengthen the research environment in the Union, andwhile encouraging the collaboration with external experts including academia, and target recruitment of data scientists, omics specialists, biostatisticians, epidemiologists, and experts in advanced analytics and AI, as well as to promote harmonisation and avoid subsequent delays in integrating the results of research to a marketing authorisation. A Union sponsor could benefit from Union research funding available at the time of the public health emergency as well as existing clinical trial networks to facilitate the development, application, submission, and running of the trial. This may be particularly valuable for trials established by Union or international public health or research organisations.
Amendment 106 #
2020/0321(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to facilitate the work and the exchange of information under this Regulation, provision should be made through further implementing acts with a view to outlining the roles of the actors involved in the processing of personal data for the establishment and management of IT infrastructures and synergies with other existing IT systems or systems under development, including the EUDAMED IT platform for medical devices and Data Analysis and Real World Interrogation Network - DARWIN. That work should also be facilitated by, where appropriate, emerging digital technologies such as computational models and simulations for clinical trials, as well as data from the EU Space Programme such as the Galileo geolocation services, and Copernicus earth observation data, while enabling data discoverability.
Amendment 109 #
2020/0321(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) Underlines the potential of Big Data to complement the evidence from clinical trials and fill knowledge gaps on medicines, as well as to help to better characterise diseases, treatments and the performance of medicines in individual healthcare systems. The global pandemic has also shown how High Performance Computing, in combination with Big Data and AI, can be of critical importance in the global fight against COVID-19.
Amendment 111 #
2020/0321(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Rapid access and exchange of health data, including real world data i.e. health data generated outside of clinical studies, such as electronic health records, insurance claims data and data from patient registries, is essential to ensure effective management of public health emergencies and other major events. This Regulation should allow the Agency to use and facilitate such exchange and be part of the establishment and operation of the European Health Data Space infrastructure, while ensuring the applicability of the GDPR and EUDPR, and the respect of the principles relating to the processing of personal data (as per Article 5 GDPR and 4 EUDPR).
Amendment 116 #
2020/0321(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The handling of sensitive health data requires a high level of protection against cyber-attacks. The Agency was the target of a cyber-attack that resulted in some of the unlawfully accessed documents related to COVID-19 medicines and vaccines belonging to third parties. Highlights in this respect the need for a high level of security against cyber- attacks, and particularly cyber-espionage, at all times and especially during public health emergencies;
Amendment 117 #
2020/0321(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Calls for the swift implementation of binding rules on security information and cybersecurity in line with the Security Union Strategy. Urges the Member States to accelerate the work towards completing the implementation of the main 5G Toolbox measures by the second quarter of 2021;
Amendment 145 #
2020/0321(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘major event’ means an event which is likely to pose a serious risk to public health in relation to medicinal products in more than one Member State. Such an event concerns a deadly threat or otherwise serious threat to health of biological, chemical, environmental or other origin or incident that can affect the manufacturing, supply or quality, safety, and efficacy of medicinal products. Such an event may lead to shortages of medicinal products in more than one Member State and necessitates urgent coordination at Union level in order to ensure a high level of human health protection.
Amendment 167 #
2020/0321(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) where the major event or public health emergency may affect the manufacturing, safety, quality, and efficacy of medicinal products, Article 5 shall apply;
Amendment 169 #
2020/0321(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Following the recognition of a public health emergency or a request for assistance referred to in Article 4(3), the Medicines Steering Group shall evaluate the information related to the major event or the public health emergency and consider the need for urgent and coordinated action with regard to the manufacturing safety, quality, and efficacy of the medicinal products concerned.
Amendment 195 #
2020/0321(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) specify the procedures and criteria for establishing the critical medicines lists;
Amendment 202 #
2020/0321(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) develop streamlined electronic monitoring and reporting systems in coordination with the national competent authorities;
Amendment 247 #
2020/0321(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point f
Article 14 – paragraph 2 – point f
(f) cooperating with national competent authorities, Union bodies and agencies, the World Health Organization, third countries, and international scientific organisations on scientific and technical issues relating to the public health emergency and to medicinal products which may have the potential to address public health emergencies, as necessary.
Amendment 262 #
2020/0321(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Where a developer is the recipient of scientific advice, the developer shall subsequently submit the data resulting from clinical trials to the Agency following a request made pursuant to Article 16. In order to ensure the protection of sensitive data a state-of-the-art pseudonymisation shall apply, including encryption.
Amendment 268 #
2020/0321(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. In preparation of the review, the Emergency Task Force may request information and data from marketing authorisation holders and from developers and engage with them in preliminary discussions. The Emergency Task Force may also, where available, make use of observational studies of health data generated outside of clinical studies taking into account their reliability, while applying state-of-the-art pseudonymisation, including encryption.
Amendment 275 #
2020/0321(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) develop and maintain electronic tools for the submission of information and data, including electronic health data generated outside the scope of clinical studies, while ensuring processing of patients' personal data is in compliance with the European data protection framework;
Amendment 277 #
2020/0321(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) coordinate independent vaccine effectiveness and safety monitoring studies using relevant data held by public authorities, while taking into consideration the priority recommendations of the HMA-EMA joint Big Data Task Force. Such coordination shall be conducted jointly with the European Centre for Disease Prevention and Control and notably through a new vaccine monitoring platform;
Amendment 278 #
2020/0321(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) as part of its regulatory tasks, make use of digital infrastructures or tools, to facilitate the rapid access to or analysis of available electronic health data generated outside the scope of clinical studies, and the exchange of such data between Member States, the Agency, and other Union bodies; underlines in this regard the need to speed up the deployment of a secure quantum communication infrastructure (QCI), which would allow the transmission of sensitive information, using an ultra-secure form of encryption to shield against cyberattacks;
Amendment 279 #
2020/0321(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(c a) The Agency shall be equipped with a high level of security against cyber- attacks and cyber-espionage at all times, especially during major events and public health emergencies at Union level. Binding rules on security information and cybersecurity shall apply in line with the Security Union Strategy.
Amendment 300 #
2020/0321(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) specify the procedures and criteria for establishing the public health emergency critical devices list;
Amendment 301 #
2020/0321(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) develop streamlined electronic monitoring and reporting systems in coordination with the national competent authorities;
Amendment 319 #
2020/0321(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a
Article 30 – paragraph 1 – point a
(a) personal data in accordance with Article 32 and Article 4(1) of Regulation (EU) 2016/679 (‘GDPR’) and Article 3(1) EUDPR;
Amendment 321 #
2020/0321(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Commission, the Agency, and Member States may exchange commercially confidential information and, where necessary to protect public health, personal data, with regulatory authorities of third countries with which they have concluded bilateral or multilateral confidentiality arrangements. Recalls that transfers of personal data to third countries or international organisations must comply with Chapter V of the EUDPR, relevant provisions of the GDPR, the LED and the Charter of Fundamental Rights and take into account the recommendations and guidelines of the EDPB.
Amendment 106 #
2020/0260(NLE)
Proposal for a regulation
Recital 11
Recital 11
(11) Global events such as the COVID- 19 pandemic have shown the importance of investing in High Performance Computing and health-related modelling platforms and tools, as they are playing a key role in the fight against the pandemic, often in combination with other digital technologies such as big data and, artificial intelligence and computer modelling and simulation. High Performance Computing is being used to accelerate the identification of critical components for the pharmaceutical sector and production of treatments, to predict the virus’ spread, to help plan the distribution of medical supplies and resources, and to simulate post-epidemic exit measures in order to evaluate different scenarios. High Performance Computing modelling platforms and tools are critical tools for the current and future pandemics, and they will play a key role in health and personalised medicine. as they enable the testing of the safety, efficacy and performance of new preventive strategies, optimisation of automated diagnosis modeling, medicines and medical devices . It is also important to ensure the convergence of HPC, Artificial Intelligence (including Machine and Deep Learning), big data, high performance data analytics (HPDA) and Cloud as major economic sectors relying on HPC include manufacturing, health and pharmaceuticals.
Amendment 112 #
2020/0260(NLE)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to equip the Union with the computing performance needed to maintain its research and industrial capacities at a leading edge, the Member States investment in High Performance Computing and quantum computing should be coordinated and the industrial and market take-up of High Performance Computing and quantum computing technologies be reinforced both in the public and private sectors. The Union should increase its effectiveness in turning the technology developments into demand- oriented and application-driven European High Performance Computing and quantum computing systems of the highest quality, establishing an effective link between technology supply, co-design with users, and a joint procurement of secure world- class systems, and creating a world- class ecosystem in High Performance Computing and quantum computing technologies and applications. At the same time, the Union should provide an opportunity for its supply industry to leverage on such investments, leading to their uptake in large-scale and emerging application fields such as personalised medicine, climate change, connected and automated driving or other lead markets that are underpinned by artificial intelligence, computer modelling and simulation, blockchain technologies, edge computing or more broadly by the digitalisation of the European industry.
Amendment 116 #
2020/0260(NLE)
Proposal for a regulation
Recital 15
Recital 15
(15) In order for the Union and its Member States to reach technological autonomy in key digital technologies such as High Performance Computing and quantum computing, they should invest in next generation low-power supercomputing technologies, innovative software and advanced supercomputing systems for exascale and post-exascale computing and quantum computing, including technologies for privacy-preserving computation and for innovative supercomputing and data applications for medicine, the environment, manufacturing and engineering. This should allow the European supply industry to thrive in a wide range of key technology and application areas that reach beyond High Performance Computing and quantum computing and, in the long run, feed broader ICT markets with such technologies. It would also support the High Performance Computing and quantum computing science and user industry to undergo a digital transformation and boost its innovation potential.
Amendment 119 #
2020/0260(NLE)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) In order to establish a robust quantum computing ecosystem within the Union, we need to invest in developing hardware-aware algorithms, standardization for encoding input/output data and facilitate access to and-users enabled by cloud services.
Amendment 120 #
2020/0260(NLE)
Proposal for a regulation
Recital 16
Recital 16
(16) Pursuing a common strategic EU vision in High Performance Computing and quantum computing and ensuring the transition from simulation-centric HPC to integrating HPC in a full continuum of IT infrastructure, including other ecosystems such as big data, AI and Internet of Things, is essential for realising the Union’s and its Member States’ ambition to ensure a leading role and strategic autonomy in the digital economy. The objective would be to establish in Europe a world leading hyper- connected, federated and secure High Performance Computing and quantum computing service and data infrastructure ecosystem, and be in a position to produce innovative and competitive High Performance Computing and quantum computing systems based on a supply chain that will ensure components, technologies and knowledge limiting the risk of disruptions.
Amendment 130 #
2020/0260(NLE)
Proposal for a regulation
Recital 20
Recital 20
(20) The public-private partnership in the form of the Joint Undertaking should combine the financial and technical means that are essential to master the complexity of the ever escalating pace of innovation in this area. Therefore, the members of the Joint Undertaking should be the Union, Member States and countries associated to Horizon Europe, the Digital Europe Programme or the Connecting Europe Facility agreeing on a joint European initiative in High Performance Computing and quantum computing; and associations representing their constituent entities and other organisations with an explicit and active engagement to produce research and innovation results, to develop and deploy high performance computing or quantum computing capabilities, or contributing to address the skills gap and keep the know- how in the field of High Performance Computing and quantum computing in Europe. The Joint Undertaking should be open to new members. The design and development of new teaching and training scheme will be key since the technologies and software in the fields of HPC and quantum computing are undergoing continuous change.
Amendment 133 #
2020/0260(NLE)
Proposal for a regulation
Recital 25
Recital 25
(25) The Joint Undertaking should address clearly defined topics that would enable academia and European industries at large to design, develop and use the most innovative technologies in High Performance Computing and quantum computing, and to establish an integrated and federated, secure networked infrastructure across the Union with world- class High Performance Computing and quantum computing capability, high-speed connectivity and leading-edge applications and data and software services for its scientists and for other lead users from industry, including SMEs, start-ups and innovative businesses and the public sector. The Joint Undertaking should aim at the development and use of top class technologies and infrastructures, addressing the demanding requirements of European scientific, industrial and public sector users.
Amendment 135 #
2020/0260(NLE)
Proposal for a regulation
Recital 26
Recital 26
(26) The Joint Undertaking should contribute to reducing the specific skills gap across the Union by engaging in awareness raising measures and assisting in the building of new knowledge and human capitalattracting and retaining the best talents, ensuring funding for digital upskilling and reskilling and upgrading competences combining software expertise with understanding in industry of frontier research in science and innovation, engaging in awareness raising measures, providing support in integrating HPC into the scientific and engineering curricula and assisting in the building of new knowledge and expertise in advanced digital fields, while ensuring the widest geographical coverage in the Union.
Amendment 147 #
2020/0260(NLE)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to achieve its objectives to increase the innovation potential of industry, and in particular of SMEs, start- ups and innovative businesses to contribute to reducing the specific skills gap, to support the increase of knowledge and human capital and to upraise High Performance Computing and quantum computing capabilities, the Joint Undertaking should support the creation, and in particular the networking and coordination of national High Performance Computing competence centres across the Union. These competence centres should provide High Performance Computing and quantum computing services to industry, academia and public administrations on their demand. They should primarily promote and enable access to the High Performance Computing innovation ecosystem, facilitate access to the supercomputers and quantum computers, address the significant shortages in skilled technical experts by undertaking awareness raising, training and outreach activities, and embark on networking activities with stakeholders and other competence centres to foster wider innovations, for example by exchanging and promoting best practice use cases or application experiences, by sharing their training facilities and experiences, by facilitating the co- development and exchange of parallel codes, or by supporting the sharing of innovative applications and tools for public and private users, in particular SMEs, start-ups and innovative businesses.
Amendment 150 #
2020/0260(NLE)
Proposal for a regulation
Recital 33
Recital 33
(33) The Joint Undertaking should hyper-connect all the supercomputers and data infrastructures it will own or co-own with state-of-the-art networking technologies, making them widely accessible across the Union, and should interconnect and federate its supercomputing and quantum computing data infrastructure, as well as national, regional and other computing infrastructures with a common platform, while ensuring resources are provided for interactive processing close to HPC systems and associated large-scale data repositories. Interactive computing services are also needed to make collaborative working easier. The Joint Undertaking should also ensure the interconnection of the federated, secure supercomputing, and quantum computing service and data infrastructures with the common European data spaces and federated, secure cloud infrastructures announced in the Communication from the Commission of 19 February 2020 on ‘A European Strategy for Data’, for seamless service provisioning to a wide range of public and private users across Europe.
Amendment 162 #
2020/0260(NLE)
Proposal for a regulation
Recital 42
Recital 42
(42) The design and operation of the supercomputers supported by the Joint Undertaking should take into consideration energy efficiency and environmental sustainability, using for example low- power technology, dynamic power-saving and re-use techniques like advanced cooling and heat recycling. By combining power-efficient servers with sophisticated workload management tools, EuroHPC will improve efficiency both on-premises and in the cloud, reducing cost as well as the data centres' carbon footprint.
Amendment 168 #
2020/0260(NLE)
Proposal for a regulation
Recital 44
Recital 44
(44) User allocation of access time to the supercomputers of the Joint Undertaking should be free of charge for public users. It should also be free of charge for private users for their applications related to research and innovation activities funded by Horizon Europe or the Digital Europe Programme, as well as for private innovation activities of SMEs and start-ups, where appropriate. Such allocation of access time should primarily be based on periodic, peer- reviewed and open calls for expression of interest launched by the Joint Undertaking and evaluated by independent experts with a view to ensuring balanced and appropriate allocation of offered HPC resources between its whole community of users. With the exception of SME and start-ups users undertaking private innovation activities, all users benefiting from free-of-charge access time to the supercomputers of the Joint Undertaking should adopt an open science approach and disseminate knowledge gained through this access, in accordance with the Horizon Europe Regulation. User allocation of access time for economic activities other than private innovation activities of SMEs and start-ups (which face particular market failures), should be granted on a pay-per- use basis, based on market prices. Allocation of access time for such economic activities should be allowed but limited and the level of the fee to be paid should be established by the Governing Board. The access rights should be allocated in aopen and transparent manner. The Governing Board should define specific rules to grant access time free of charge, where appropriate, and without a call for expression of interest to initiatives that are considered strategic either by the Union or by the Governing Board. Representative examples of strategic initiatives of the Union include: Destination Earth, the Human Brain Project Flagship, the “1+ Million Genomes” initiative, the common European data spaces operating in domains of public interest, and in particular the health data space, the High Performance Computing Centres of Excellence and Competence Centres, the Digital Innovation Hubs, etc. Upon Union’s request, the Joint Undertaking should grant direct access time on a temporary or permanent basis to strategic initiatives and existing or future application platforms that it considers essential for providing health- related or other crucial emergency support services for the public good, to emergency and crisis management situations or to cases that the Union considers essential for its security and defence. The Joint Undertaking should be allowed to carry out some limited economic activities for commercial purposes. Access should be granted to users residing, established or located in an EU Member State or a country associated to the Digital Europe Programme and to Horizon Europe. The access rights should be equitable to any user and allocated in aopen and transparent manner. The Governing Board should define and monitor the access rights to the Union's share of access time for each supercomputer.
Amendment 183 #
2020/0260(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘access time’ means the computing time of a supercomputer that is made available through a transparent and open process to a user or a group of users to execute their computer programmes;
Amendment 184 #
2020/0260(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘co-design’ is a collective approach to reduce Europeans’ dependence on foreign technology, particularly in critical infrastructure components and increase European industry’s competitiveness, between technology suppliers and users engaged in a collaborative and iterative design process for developing new technology, application and systems and protecting supply chains in critical areas;
Amendment 185 #
2020/0260(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘Competence Centre’ in High Performance Computing (HPC) means a legal entity established in a Participating State providing users from industry, including SMEs and start-ups, academia, and public administrations with access on demand to the supercomputers and to the latest High Performance Computing technologies, tools, applications and services, and offering expertise, skills, training, networking and outreach;
Amendment 190 #
2020/0260(NLE)
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘national High Performance Computing competence centre’ means a legal entity established in a Participating State that is a Member State, associated with the national supercomputing centre of that Member State, providing users from industry, including SMEs and start-ups, academia, and public administrations with access on demand to the supercomputers and to the latest High Performance Computing technologies, tools, applications and services, and offering expertise, skills, training, networking and outreach;
Amendment 195 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The mission of the Joint Undertaking shall be to develop, deploy, extend and maintain in the Union a world leading federated, secure and hyper- connected supercomputing, quantum computing, service and data infrastructure ecosystem; support the production of innovative and competitive supercomputing systems based on a supply chain that will ensure components, technologies and knowledge limiting the risk of disruptions and the development of a wide range of applications optimised for these systems; and, widen the use of this supercomputing infrastructure to a large number of public and private users, and support the development of key skillsadvanced digital skills, competences and knowledge for European science and industry.
Amendment 201 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to develop close cooperation and ensure coordination with other European Partnerships, including through joint calls, as well as seek synergies with relevant activities and programmes at Union, national, and regional and local level, in particular with those supporting the deployment of innovative solutions, education and regional development, where relevant;
Amendment 204 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) to federate the hyper-connected supercomputing and data infrastructure and interconnect it with the European data spaces and cloud ecosystem for providing computing and data services to a wide range of public and private users in Europe, while ensuring an appropriate high-bandwidth network infrastructure in all European countries;
Amendment 207 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point d – point i (new)
Article 3 – paragraph 2 – point d – point i (new)
Amendment 209 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) to further develop and support a highly competitive and innovative supercomputing and data ecosystem in Europe, contributing to the standing and technological autonomy of the Union in the digital economy, maintaining global leadership in HPC applications, capable to autonomously produce computing technologies and architectures and their integration on leading computing systems, and advanced applications optimised for these systems;
Amendment 217 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
(f) to widen the use of supercomputing services and the development of key skillsadvanced digital skills, competences and knowledge that European science and industry need.
Amendment 219 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The Joint Undertaking shall contribute to safeguarding the interests of the Union when procuring supercomputers and supporting the development of High Performance Computing technologies, systems and applications. It shall enable a co-design approach for the acquisition of world-class supercomputers, while safeguarding the security of the supply chain of procured technologies and systems. It shall contribute to the Union’s technological autonomy by reducing Europeans’ dependence on foreign technology, particularly in critical areas, increasing European industry’s competitiveness, supporting the development of technologies and applications reinforcing the European HPC technology supply chain and promoting their integration in supercomputing systems that address a large number of societal and industrial needs and underpin Europe's global leadership in various industries, especially in high value added and technology-intensive products and services to provide critical components, technology, and skills aiming to close the technological gap with third countries.
Amendment 234 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point d – introductory part
Article 4 – paragraph 1 – point d – introductory part
(d) Technology pillar, addressing the activities for supporting an ambitious research and innovation agenda for developing a world-class, competitive and innovative supercomputing ecosystem addressing hardware and software technologies, and their integration into computing systems, covering the whole scientific and industrial value chain, for ensuring technological autonomy of the Union. from research to prototyping, piloting and demonstration, for ensuring technological autonomy of the Union. EuroHPC JU shall contribute to the development of the relevant European industrial sectors so that they can cover the entire production chain (design, manufacturing, implementation and application).Focus shall be on energy-efficient High Performance Computing technologies. Activities shall address inter alia:
Amendment 236 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point i
Article 4 – paragraph 1 – point d – point i
i) low-power micro-processing components, power-efficient nanoelectronics and related technologies such as novel algorithms, software codes, tools,, scientific and industrial codes, tools, middleware solutions, parallel programming and computing resource optimisation solutions and environments;
Amendment 238 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point iii
Article 4 – paragraph 1 – point d – point iii
iii) technologies and systems for the interconnection and operation of classical supercomputing systems with other, often complementary computing technologies, such as neuromorphic or quantum computing and ensure their effective, secure and reliable operation.
Amendment 241 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point e – introductory part
Article 4 – paragraph 1 – point e – introductory part
(e) Application pillar, addressing activities for achieving and maintaining European excellence in key computing and data applications and codes for science, industry (including SMEs and start-ups) and the public sector, including;
Amendment 243 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point e – point i
Article 4 – paragraph 1 – point e – point i
i) applications for public and private users that exploit the capabilities of high- end supercomputers and their convergence with advanced digital technologies such as artificial intelligence, computer modelling and simulation, high performance data analytics, cloud technologies, etc. through the co-design, development and optimisation of High Performance Computing-enabled large-scale and emerging lead-market codes and applications;
Amendment 251 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) Widening usage and skills pillar, aiming at fostering excellence in supercomputing, quantum computing, and data use and skills taking into account synergies with other programs and instruments, in particular Digital Europe Program, widening the scientific and industrial use of supercomputing resources and data applications and fostering the industrial access and use of supercomputing and data infrastructures for innovation adapted to industrial needs; and providing Europe with a knowledgeable leading scientific community and a skilled workforce for scientific leadership and digital transformation of industry, including the support and networking of national High Performance Computing Competence Centres and High Performance Computing Centres of Excellence, while ensuring that application knowledge and expertise has the widest geographical coverage in the Union. Specific actions on the activities above may include:
Amendment 252 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point i (new)
Article 4 – paragraph 1 – point f – point i (new)
i) Defining a set of career paths, job placements involving the use of HPC in real environment, HPC hackathons and skillsets required to leverage EuroHPC to promote sustainable growth in Europe, by providing relevant, mission-driven research and application problems, funding for internships and scholarships, such as Master’s programmes in HPC and computational science and partnerships with industry and academia.
Amendment 253 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point ii (new)
Article 4 – paragraph 1 – point f – point ii (new)
ii) Working with academia and business sector leaders to describe and develop curricula that will produce new experts in supercomputing and quantum computing with the necessary skillsets and engineering knowledge.
Amendment 254 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point iii (new)
Article 4 – paragraph 1 – point f – point iii (new)
iii) Working with front-runners in the computing and education communities to adapt and test new, more flexible methods of education and workforce development that enable rapid knowledge advancement and in-career transitions to HPC-related positions.
Amendment 255 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point f – point iv (new)
Article 4 – paragraph 1 – point f – point iv (new)
iv) Industry-specific training, including hands on training and solving real use cases, and SME-tailored courses and support offerings like staff exchange programmes with research and academia.
Amendment 282 #
2020/0260(NLE)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
(2) The Union financial contribution referred to in Article 5(1) shall cover up to 350% of the acquisition costs and up to 50% of the operating costs of the mid- range supercomputers. The remaining total cost of ownership of the mid-range supercomputers shall be covered by the Participating State where the hosting entity is established or the Participating States in the hosting consortium, possibly supplemented by the contributions referred to in Article 6.
Amendment 290 #
2020/0260(NLE)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
(6) Use of the Union's share of access time to the EuroHPC supercomputers shall be transparent and free of charge for the users from the public sector referred to in Article 14(4) of this Regulation. It will also be free of charge for industrial users for applications related to research and innovation activities funded by Horizon Europe or the Digital Europe Programme and for private innovation activities of SMEs, where appropriate. Resources provided by the EuroHPC are open to all scientists, irrespective of their nationality, provided the projects comply with EU legislation. As a guiding principle, allocation of access time for such activities shall be based on a fair and transparent peer review process defined by the Governing Board following continuously open calls for expression of interest launched by the Joint Undertaking.
Amendment 292 #
2020/0260(NLE)
Proposal for a regulation
Article 15 – paragraph 8
Article 15 – paragraph 8
(8) The Governing Board shall define specific and transparent rules for access conditions that depart from the guiding principles referred to in paragraph 6 of this Article. These concern the allocation of access time for projects and activities considered as strategic either by the Union or by the Governing Board.
Amendment 23 #
2020/0036(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 192(1) thereof,
Amendment 31 #
2020/0036(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind. , including citizens, regions, urban and rural areas. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 41 #
2020/0036(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A fixed long-term objective is crucial to contribute to economic and societal transformation, jobs, sustainable growth, and the achievement of the United Nations Sustainable Development Goals, as well as to move in a fair and cost- effective manner towards the temperature goal of the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’).
Amendment 45 #
2020/0036(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The relationship between climate change and pandemics, such as Covid-19, requires the EU to step up its efforts to reduce global greenhouse gas emissions, prevent natural disasters and protect biodiversity worldwide, following the objectives of the Paris Agreement and the priorities of the Sendai Framework for Disaster Risk Reduction.
Amendment 74 #
2020/0036(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including trade and investment policy, development policy and climate diplomacy.
Amendment 93 #
2020/0036(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in order to protect people and the planet against the threat of dangerous climate change, by promoting climate change adaptation programmes worldwide, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC.
Amendment 98 #
2020/0036(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Adaptation is a key component of the long-term global response to climate change. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement, as well as maximise the co- benefits with other environmental policies and legislation. Member States should adopt comprehensive national adaptation strategies and plans in cooperation with regional and local authorities, with particular emphasis on local investment and education programmes to promote self-consumption, renewable energy integration and improving energy efficiency. Regional and local adaptation strategies and plans should be supported by ESI Funds and aligned with their respective national strategy.
Amendment 138 #
2020/0036(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As citizens and communities have a powerful role to play in driving the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate- resilient society, including through launching a European Climate Pact. at all levels, including at national, regional and local level and with social partners, including trade unions, and facilitating participation and accessibility of information to all persons with disabilities . The Commission should therefore engage with all competent institutions promoting multi-level governance and with all with all parts of society to strengthen the exchange of information and awareness-raising aimed at achieving a climate-neutral and climate- resilient society, including through launching a European Climate Pact. Participation means will be developed to guarantee the involvement of social partners, economic actors and citizens in general in the strategies and plans adopted by Member States and regional and local authorities in matters of energy and climate governance.
Amendment 153 #
2020/0036(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, inclusive and socially fair, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate- neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 OJ L 123, 12.5.2016, p. 1. 37
Amendment 154 #
2020/0036(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In line with the Commission’s commitment to the principles on Better Law-Making, coherence of and complementarity between the Union instruments as regards greenhouse gas emissions reductions should be sought. The system of measuring the progress towards the achievement of the climate-neutrality objective as well as the consistency of measures taken with that objective should build upon and be consistent with the governance framework laid down in Regulation (EU) 2018/1999. In particular, the system of reporting on a regular basis and the sequencing of the Commission’s assessment and actions on the basis of the reporting should be aligned to the requirements to submit information and provide reports by Member States laid down in Regulation (EU) 2018/1999. Regulation (EU) 2018/1999 should therefore be amended in order to include the climate-neutrality objective in the relevant provisions.
Amendment 227 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) competitiveness of the Union’s economy and social welfare;
Amendment 245 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point d b (new)
Article 3 – paragraph 3 – point d b (new)
(db) food safety, food affordability and security of supply;
Amendment 252 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point g
Article 3 – paragraph 3 – point g
(g) public and private investment needs and opportunities with a focus on social, economic and territorial cohesion;
Amendment 269 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j a (new)
Article 3 – paragraph 3 – point j a (new)
(ja) the commitment to global leadership on climate neutrality;
Amendment 271 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point j b (new)
Article 3 – paragraph 3 – point j b (new)
(jb) the assessment of the carbon footprint and water footprint in trade relations with third countries.
Amendment 275 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall develop and implement adaptation strategies and plans in cooperation with regions and municipalities that include comprehensive risk management frameworks, based on robust climate and vulnerability baselines and progress assessments. Member States shall ensure the integration of the regional and local perspective when developing and implementing their adaptation strategies and plans.
Amendment 294 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
The assessment referred to in paragraph 1 and the review referred to in paragraph 2 shall be carried out on the basis of a common EU information system, accessible to the public, incorporating the information generated by the different actors involved in achieving the objective of climate neutrality and advancing adaptation. Requirements shall be set to ensure standardisation and homogeneity of information by ensuring that it consists of data that are easy to find, accessible, interoperable and reusable. This system will benefit from the opportunities afforded by digitalisation and new technologies.
Amendment 299 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and the review referred to in paragraph 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
Amendment 312 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The EU information system referred to in Article 5(2) shall have a section including strategies, measures and good practices, in order to help bring the measures taken by Member States into line with Commission recommendations.
Amendment 322 #
2020/0036(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) regional statistics and data, including data of metropolitan regions; and
Amendment 326 #
2020/0036(COD)
(e) any supplementary information on environmentally sustainable investment, by the Union and, Member States and regional and local authorities, including, when available, investment consistent with Regulation (EU) 2020/… [Taxonomy Regulation].
Amendment 327 #
2020/0036(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall engage with all parts of society to enable and empower them to take action towardsstrengthen the exchange of information and awareness- raising aimed at achieving a climate- neutral and climate-resilient society. The Commission shall facilitate an inclusive and accessible process at all levels, including at national, regional and local level and with social partners, citizens and civil society, ensuring participation and accessibility of information to all persons with disabilities, for the exchange of best practice and to identify actions to contribute to the achievement of the objectives of this Regulation. In addition, the Commission may also draw on the multilevel climate and energy dialogues as set up by Member States in accordance with Article 11 of Regulation (EU) 2018/1999. Participation means will be developed to guarantee the involvement of social partners, economic actors and citizens in general in the strategies and plans adopted by Member States and regional and local authorities in matters of energy and climate governance.
Amendment 339 #
2020/0036(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 5
Article 10 – paragraph 1 – point 5
Regulation (EU) 2018/1999
Article 11
Article 11
Each Member State shall establish a multilevel climate and energy dialogue pursuant to national rules, in which regional and local authorities, civil society organisation, business community, investors, trade unions and other relevant stakeholders and the general public are able actively to engage and discuss the achievement of the Union’s climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and the different scenarios envisaged for energy and climate policies, including for the long term, and review progress, unless it already has a structure which serves the same purpose. Integrated national energy and climate plans may be discussed within the framework of such a dialogue.;
Amendment 56 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union and requires substantial additional allocation from the Union Budget. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. However, the outbreak of the COVID-19 pandemic in early 2020 has had a profound impact on the European and global economies and it is necessary to increase the investments planned to achieve the climate neutrality objectives. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium to long term, not all regions and Member States start their transition from the same point or, have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion. Such misbalance should be reflected in fair allocation of resources to affected Member states and regions requiring adequate financial support to ensure real just transition and avoid negative socio-economic impacts on industries and workers. JTF should address the most vulnerable regions and workers affected by the socio-economic transition and prevent deepening of energy poverty.
Amendment 66 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action and negative demographic changes, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 69 #
2020/0006(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptaresponsible for all. A just climate and energy transition must not leave anyone behind and should create conditions to eradicate energy poverty. Therefore, both the Union and the Member States must take into account its economic and social implications from the outset, and deploy all possible instruments to mitigate adverse consequences. Transition will require significant financial resources, therefore the Union budget has an important role in that regard.
Amendment 75 #
2020/0006(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by 2050 by bringing together the Union budget’s spending on climate, economic and social objectives at both national and regional level.
Amendment 78 #
2020/0006(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The green recovery should play an important role in mitigating the negative impacts of the COVID-19 crisis by creating opportunities for affected regions, industries, SMEs, and can therefore play a crucial role as post-crisis recovery plans.
Amendment 85 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and worker, workers affected directly or indirectly and their families concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and modernisation of the local economy and by mitigating the negative repercussions on employment, while creating conditions to eradicate energy poverty. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 88 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In view of the importance of implementing the "Clean Energy for all European package" which plays a key role in the European Union's transition towards a climate neutral economy and in completing the Energy Union, JTF will play an important role in the reconversion of former mine sites to renewable energy generation. This can reduce decommissioning costs, contribute to energy security and provide economic value and jobs to post-mining communities. The development of such projects benefits from the existence of infra-structure and extensive land availability; solutions need to be addressed on a case-by-case basis to ensure suitability to the local conditions. Close cooperation between companies, regulators, investors, land-use planners and local communities is essential to identify the most sustainable uses and maximize social-economic development.
Amendment 90 #
2020/0006(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) A just transition fund cannot aggravate existing inequalities among Member States nor weaken the single market.
Amendment 97 #
2020/0006(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25% of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ willmay contribute fully to the achievement of this target according to Members States necessity.
Amendment 98 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) A just transition entails as well supporting those most affected by climate change. The impacts of a changing climate will strike disproportionately some regions and communities that, in the spirit of European solidarity, have to be sustained.
Amendment 101 #
2020/0006(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy. The transfer mechanism should be optional and not mandatory in order to allow Member States to assess the best way to allocate resources.
Amendment 108 #
2020/0006(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The establishment of the JTF should not lead to cuts to, or transfers from cohesion policy effectively reducing the fund devoted to other cohesion policy program.
Amendment 112 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely or have relied until recently heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but tIt will also be demanding for those Member States that will have to upgrade their infrastructure and whose workers will have to adapt to the transition. The distribution of itsthe JTF financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality by 2050 and the ambition in their energy and climate objectives.
Amendment 131 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a continual transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line withrespect of the achievement of the EU 2030 climate objectives, as set up in the article 2of the European climate law, and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy and the creation of sustainable jobs. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 132 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing sustainable and quality employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. __________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 139 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to provide necessary qualifications and adapt to new employment opportunities, as well as providingor adequately support them with providing alternatives such as job- search assistance to jobseekers and their active inclusion into the labour marke, income support to ensure subsequent inclusion and re-inclusion to the labour market avoiding both short and long-term unemployment directly linked to the transition. These actions should also take the gender dimension in due account.
Amendment 141 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling, reskilling and reout-skilling of the affected workerworkers and their families affected directly or indirectly, as well as self-employed persons whose activity has been affected as a result of major structural changes, with the aim of helping them to adapt to new employment opportunities, as well as providing job- search assistance to jobseekers and their active inclusion into the labour market.
Amendment 146 #
2020/0006(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Effective implementation of JTF and JTM depends not only on the JTF regulation as such but also on the state aid regime that limits the aid intensity in regions. General Block Exemption Regulation (GBER) must foresee higher aid intensity and other possible measures to allow public investments in Just Transition regions.
Amendment 155 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and sustainable and quality employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate- neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 159 #
2020/0006(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The planned revision of State Aid rules should aim at reinforcing and simplifying the investment capacity in sustainable solutions and concrete tools for national, regional and local authorities whose role will be instrumental in an effective and innovative implementation of the Just Transition Fund;
Amendment 165 #
2020/0006(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund with additional resources. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+, which should be given additional resources for this purpose. The respective amounts transferred from the ERDF and the ESF+ should be on voluntary basis and consistent with the type of operations set out in the territorial just transition plans.
Amendment 168 #
2020/0006(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The JTF support should be conditional on the effective implementation of a transition process in a specific territory in order to achieve a National climate-neutral economy. In that regard, Member States supported by the Commission should prepare, in cooperation with the relevant stakeholders and supported by the Commissionregional governments, trade unions, civil society organizations and relevant stakeholders, territorial just transition plans, detailing the transition process, consistently with their National Energy and Climate Plans and enhancing their climate ambition as well as the European Semester Country Report. To this end, the Commission should set up a Just Transition Platform, which would build on the existing platform for coal regions in transition to enable bilateral and multilateral exchanges of experience on lessons learnt and best practices across all affected sectors including energy-intensive industries and carbon-dependent regions.
Amendment 218 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The JTF shall support the Investment for jobs and growth goal in all Member States and regions facing subsequent decarbonisation challenge and requiring adequate financial support to ensure real just transition and avoiding negative socio-economic impacts on industries, SMEs, including start-ups, as well as workers who lose their jobs as consequence of the transition.
Amendment 227 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.519 billion in 2018 prices, which(“principal amount”), and shall not be transferred from the allocations of the Funds covered by Regulation (EU) …/… [new CPR]. The principal amount may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 232 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
For the purposes of programming and subsequent inclusion in the Union budget, the amount referred to in the first subparagraph shall be indexed at least 2% per year.
Amendment 244 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
In accordance with paragraph 1, the JTF shall exclusively support the following activities:
Amendment 247 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in SMEs, including start-ups, leading to creation of sustainable and quality new jobs related to green economy, economic diversification and reconversion;
Amendment 254 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point b
Article 4 – paragraph 2 – subparagraph 1 – point b
(b) investments in the creation of new firms, and in the expansions of existing ones, with a particular emphasis on SMEs and start-ups in order to contribute to economic diversification and reconversion, including through business incubators and consulting services;
Amendment 261 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities, including energy research, and fostering the transfer of advanced technologies;
Amendment 265 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction including investments in sustainable mobility and decarbonisation of the transport sector, energy efficiency and/or renewable energy; emphasising investment in renewables, smart electricity solutions, together with related infrastructure and in circular economy and environmental remediation.
Amendment 272 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, storage, energy efficiency and renewable energy, including alternative fuels infrastructure;
Amendment 286 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investments aimed at promoting modal shift in urban areas towards more sustainable mobility modes;
Amendment 304 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, including equipment and appliance load controls, metering and communications technology that allow the development of demand response;
Amendment 309 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing project, related to revitalization, decontamination, access and renovation of former coal and other mines and power station as well as brownfield sites and facilities, land restoration and repurposing projects, including afforestation of post coal mine sites;
Amendment 315 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in green infrastructure, regeneration and decontamination of sites, land restoration and repurposing projects;
Amendment 319 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g
Article 4 – paragraph 2 – subparagraph 1 – point g
(g) investments in enhancing the circular economy, including through waste prevention, reduction, resource efficiency, reuse, repair and recycling, recycling and other means of recovery (including energy recovery);
Amendment 323 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments in projects for fighting energy poverty and enhancing energy efficiency on most affected regions;
Amendment 328 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of worker, reskilling and out- skilling of workers and self-employed persons whose activity has been affected as a result of major structural changes;
Amendment 330 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of workers and jobseekers towards the green economy sector;
Amendment 333 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
(ha) developing social infrastructure needed to support the access to labour market, social inclusion and active health ageing;
Amendment 334 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point i
Article 4 – paragraph 2 – subparagraph 1 – point i
(i) job-search assistance to jobseekers; and income support to workers who lost their job as consequence of the transition.
Amendment 335 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point i
Article 4 – paragraph 2 – subparagraph 1 – point i
(i) job-search assistance and career guidance to jobseekers;
Amendment 338 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers including income support for transitioning workers and mobility grants for workers who need to move for a new job;
Amendment 340 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers and early retirement support;;
Amendment 366 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels with the exception of investments aimed at switching from coal-fired power plants to small flexible gas power plants to ensure the transition to climate neutrality;
Amendment 381 #
2020/0006(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
By way of derogation from Article 5 (d) and following the approval by the Commission, the investments related to production, processing, distribution, storage or combustion of natural gas shall be supported by JTF under the following cumulative conditions: - The investments are retrofitting and/or replacing existing more carbon-intensive infrastructure; - The supported infrastructure is synergistic with renewable and other carbon-neutral energy production capacity. The derogation shall only be used and granted for the purposes of the transition period until 2050.
Amendment 398 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned on both national and regional level, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. Relevant authorities and stakeholders should be actively involved in all phases of the process: preparatory, selection and implementation. __________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 400 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and soci, social and environmental impacts resulting from the transition, in particular with regard to the potential number of affected jobs and expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. __________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 422 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, energy security, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected workers, jobs and job losses, the potential impact on self-government revenues at NUTS2 and NUTS3 levels and development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
Amendment 426 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) a description of the expected contribution of the JTF support to addressing the social, economic energy security, and environmental impacts of the transition to a climate- neutral economy; and preventing deepening of energy poverty
Amendment 432 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point f
Article 7 – paragraph 2 – point f
(f) a description of the governance mechanisms consisting of the partnership arrangements, the monitoring and evaluation measures planned and the responsible bodies both on national and regional level;
Amendment 436 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point h
Article 7 – paragraph 2 – point h
(h) where support is provided to productive and sustainable investments to enterprises other than SMEs, an exhausindicative list of such operations and enterprises and a justification of the necessity of such support through a gap analysis demonstrating that the expected job losses would exceed the expected number of jobs created in the absence of the investment; where this support is provided to industrial activities already covered by the Emission Trading System, a description that such a support do not contribute to increase the profits already deriving from the ETS.
Amendment 445 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point j
Article 7 – paragraph 2 – point j
(j) synergies and complementarities with other Union programmes, funds and pillars of the Just Transition Mechanism to address identified development needs.
Amendment 448 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve the relevant partners in accordance with Article [6] of Regulation (EU) [new CPR]. as well as representatives of industry, energy sector, social partners, national and regional authorities and relevant stakeholders
Amendment 51 #
2019/2189(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop a comprehensive strategy on energy storage, while taking into account the range of costs in euro / MWh for the construction and operation of the relevant storage technology;
Amendment 59 #
2019/2189(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to establish a task force involving all relevant Directorates-General to develop this strategy, including a comprehensive analysis of the carbon footprint and life cycle of storage technologies, as well as addressing regulatory barriers to disruptive research and innovation, taking into account at least the extraction and/or production of raw materials, the manufacturing process, transport and the recycling process, where applicable;
Amendment 69 #
2019/2189(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the energy transition towards a renewable-based system requires a well-developed electricitnergy grids and advanced storage technologies for both electrons and molecules, backup generation and demand management in order to secure a constant powersecure, affordable and sustainable energy supply;
Amendment 78 #
2019/2189(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the energy transition towards a renewable-based system requires a well-developed electricity grid and advanced storage technologies, such as microgrids, backup generation and demand management in order to secure a constant power supply;
Amendment 100 #
2019/2189(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that the transition to a climate-neutral economy must not endanger security of supply; stresses that reliable powerenergy supply and the energy transition must go hand in hand;
Amendment 102 #
2019/2189(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that the transition to a climate-neutral economy must not endanger security of supply; stresses that reliable power supply and thea just energy transition must go hand in hand;
Amendment 150 #
2019/2189(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urgently calls for a revision of the TEN-E Regulation17 before the adoption of the next list of projects of common interest (PCI); calls for the criteria for granting PCI status to be aligned with the EU’s climate and sustainability goals, while taking into account the specific needs of the different Member States; _________________ 17Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans- European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39).
Amendment 226 #
2019/2189(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to conduct a comprehensive analysis of the cost of retrofitting gas infrastructure for the use of green hydrogen and contrast these costs to the electricity infrastructure costs that would be necessary in the absence of such a gas infrastructure;
Amendment 228 #
2019/2189(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to conduct a comprehensive analysis of the cost in terms of economic and social impact of retrofitting gas infrastructure for the use of green hydrogen;
Amendment 248 #
2019/2189(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is convinced that batteries will play a crucial role in ensuring a stable electricity supplyfor enhanced frequency control due to increasing shares of PV and wind; nevertheless, a stable electricity supply needs underground gas storage to allow power generation in periods of low wind and PV production;
Amendment 196 #
2019/2174(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes the significance of ensurpromoting quality journalism and media literacy for tackling widespread disinformation and fake news; , disinformation campaigns in media, notably on social media platforms, which distort public opinion and pose severe risks to democratic societies and institutions, fundamental rights and freedoms, and the rule of law. Is alarmed in particular by the rising wave of nationalistic rhetoric which surrounds the current setback in the EU accession negotiations process.
Amendment 223 #
2019/2174(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
34a. Highlights the strategic value for the EU of maintaining connectivity between Bulgaria and North Macedonia, within the TEN-T close transport links and of further integrating the Western Balkans. Calls on the Commission to pay special attention to the borders and overall connectivity within the region.
Amendment 253 #
2019/2174(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Regrets that Bulgaria and North Macedonia have yet to find a compromise on issues related to history and language, making full use of the framework and objectives of the Treaty of Friendship, Good Neighbourliness and Cooperation between the two countries, trusts that they will soon be settled in order not to jeopardise the integration momentum, and looks forward to holding of the first intergovernmental conference, kick- starting the accession talks without a further delay;
Amendment 1 #
2019/2159(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to Regulation (EU) 1380/2013 of the European Parliament and the Council of 11 December 2013 on the Common Fisheries Policy,
Amendment 3 #
2019/2159(INI)
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
— having regard to Regulation (EU) of the European Parliament and of the Council of 5 June 2019 amending Regulation (EU) 1343/2011 on certain provisions of fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area,
Amendment 5 #
2019/2159(INI)
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
— having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the 'Habitats Directive'),
Amendment 6 #
2019/2159(INI)
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
— having regard to Directive 2014/89/EU of the European Parliament and the Council of 23 July 2014 establishing a framework of maritime spatial planning ('Maritime Spatial Planning Directive'),
Amendment 7 #
2019/2159(INI)
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
— having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive),
Amendment 8 #
2019/2159(INI)
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
— having regard to Regulation (EU) No 508/2014 of the European Parliament and of the Council pf 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,
Amendment 9 #
2019/2159(INI)
Motion for a resolution
Citation 1 g (new)
Citation 1 g (new)
— having regard to Regulation of the European Parliament and of the Council of ... 2021 on the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/10041a _________________ 1aOJ L ... (not yet published in the Official Journal)
Amendment 10 #
2019/2159(INI)
Motion for a resolution
Citation 1 h (new)
Citation 1 h (new)
— having regard to the amendments adopted by the European Parliament on 10 March 2021 on the proposal for regulation of the European Parliament and of the Council amending Council regulation (EC) No1224/2009, and amending Council regulations (EC) No 768/2008, (EC) No1967/2006, (EC) No 1005/2008. and Regulation (EU) No 2016/1139 of the European Parliament and of the Council as regards fisheries control1b, _________________ 1b TA-PROV...
Amendment 11 #
2019/2159(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the mid-term strategy (2017-2020) of GFCM towards the sustainability of Mediterranean and Black Sea fisheries and the decision on a new strategy for the period 2021-2025,
Amendment 12 #
2019/2159(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the GFCM decision on building together of a new strategy for Mediterranean and Black Sea fisheries and aquaculture for the period 2021-2025, which was taking during the High-Level Meeting of 3 November 2020,
Amendment 13 #
2019/2159(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
— having regard to the EC proposals on the European Green Deal and on the EU Biodiversity strategy for 2030,
Amendment 14 #
2019/2159(INI)
Motion for a resolution
Citation 3
Citation 3
— having regard to Ministerial Declarations adopted at the meetings in Burgas (31 May 2018) and Bucharest (9 May 2019) on a Common Maritime Agenda for the Black Sea, which have been signed by all 6 littoral Black Sea states,
Amendment 15 #
2019/2159(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Charter of the Organization of Black Sea Economic Cooperation, which aims at improving the policy dialogue, among other numerous policies, in the areas of environmental protection and exchange of statistical data,
Amendment 16 #
2019/2159(INI)
Motion for a resolution
Citation 3 b (new)
Citation 3 b (new)
— having regard to the Strategic Research and Innovation Agenda for the Black Sea (SRIA), which was launched in 2019 and aims at advancing a shared vision for a productive, healthy, resilient and sustainable Black Sea by 2030,
Amendment 18 #
2019/2159(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the 1992 Convention for the Protection of the Black Sea aAgainst Pollution and its Protocols, to which Bulgaria and Romania are parties and in respect of which the European Union has observer status, and also having regard to the work of the Commission on the protection of the Black Sea Against Pollution on the basis of this Convention,
Amendment 19 #
2019/2159(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Protection of the Black Sea Ministerial Declaration of 7 April 1993,
Amendment 20 #
2019/2159(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
— having regard to the Black Sea integrated monitoring and assessment programme for years 2017-2022 (BSIMAP 2017-2022),
Amendment 21 #
2019/2159(INI)
Motion for a resolution
Citation 6
Citation 6
— having regard to the BlackSea4Fish project with the financial support of the EU and annual budget of around 1 100 000 EUR for ensuring the sustainable management of fish stocks in the Black Sea,
Amendment 22 #
2019/2159(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Recommendation GFCM/42/2018/9 on establishing a regional research programme towards the sustainable exploitation of rapa whelk (Rapana venosa) in the Black Sea, which aims at providing an estimate of the distribution, abundance, size and age structure of the rapa whelk population in the participating countries - Bulgaria, Romania, Turkey, Georgia and Ukraine,
Amendment 25 #
2019/2159(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
— having regard to the 1995 FAO code of conduct for responsible fisheries,
Amendment 26 #
2019/2159(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
Amendment 27 #
2019/2159(INI)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard to Recommendation GFCM/33/2009/8 of the GFCM on the establishment of a list of vessels presumed to have carried out IUU fishing in the GFCM area of application,
Amendment 28 #
2019/2159(INI)
Motion for a resolution
Citation 6 e (new)
Citation 6 e (new)
— having regard to the online regional platform - GFCM Regional Repository of National Legislation (GFCM-Lex), which encompasses national legislation on the conservation of marine living resources and ecosystems in three GFCM countries at the moment aiming at covering the whole GFCM area (including the Black Sea) in the future,
Amendment 29 #
2019/2159(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the Berne Convention, the Bon Convention (CMS), CITES, the Convention on Biological Diversity (CBD), the Pan-European Action Plan for Sturgeons (PANEUAP) adopted within the framework of the Berne Convention,
Amendment 32 #
2019/2159(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to its resolution on Measures to promote recovery of fish stocks above MSY from 21 January 20211c, _________________ 1c P9_TA(2021)0017
Amendment 34 #
2019/2159(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to the Black Sea Assistance Mechanism, which aims at providing guidance and support to governments, private investors, trade and industrial associations, research institutions, universities and the general public regarding opportunities to engage in Blue economy maritime activities in the Black Sea region,
Amendment 35 #
2019/2159(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the EU Black Sea Synergy Initiative, and the three reports on the implementation of the Black Sea Synergy from 2008, 2015 and 2019,
Amendment 36 #
2019/2159(INI)
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
— having regard to the EU strategy for the Danube region, which among other things aims at facilitating and coordinating key issues such as biodiversity, socio-economic development and others, in the countries from the Danube River basin,
Amendment 37 #
2019/2159(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Black Sea is a semi- enclosed sea, which is only connected to an ocean by the Mediterranean via the Marmara and the Aegean Seas and is bordered upon by six countries (Bulgaria, Romania, Turkey, Georgia, Ukraine, the Russian federation), of which only two are EU Member States (Bulgaria and Romania);
Amendment 41 #
2019/2159(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Black Sea has a large anoxic layer (87%) and its oxic layer has thinned by 20 to 25 metres over the last 20 years; whereas with the exception of few anaerobic bacteria, marine life is absent at depths below 50-200 m under the sea surface;
Amendment 42 #
2019/2159(INI)
Motion for a resolution
Recital C
Recital C
C. whereas eight species fished in the Black Sea are of major interest to the fishing sector (European anchovy (Ergaulis encrasicolus), European sprat (Sprattus sprattus), horse mackerel (Trachurus mediterraneus), turbot (Scophthalmus maximus), whiting (Merlangius merlangus), red mullet (Mullus barbatus), Rapa whelk (Rapana venosa), Piked dogfish (Squalus acanthias), most of which form part of shared stocks, while two species are subject to quotas – sprat (Sprattus sprattus), which has an autonomous quota) and turbot (quota set by the GFCM); Scophthalmus maximus), which has a TAC quota set by the GFCM; where as the quota for sprat for the period 2020-2022 remained unchanged since 2011 at the rate of 11 445 tonnes per year for the EU (8 032,5 tonnes for Bulgaria and 3 442,5 tonnes for Romania), while that for turbot was increased for the EU from 114 to 150 tonnes per year, divided equally between Bulgaria and Romania;
Amendment 44 #
2019/2159(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas a system of maximum sustainable yields for the economically important species in place in the Black Sea countries will be beneficial for the biodiversity, but also the sustainability of the fishing sector in mid- and long-term; whereas Romania has put in place a national quota for other species than the 2 quoted on EU level - such as rapa whelk (Rapana venosa), mussels (Mytilus galloprovincialis), gobies (Ponticola cephalargoides), clam (Chanelea gallina), whiting (Merlangius merlangus), piked/spiny dogfish (Squalus acanthias);
Amendment 45 #
2019/2159(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, according to 2018 figures, annual fish consumption per capita in Bulgaria (7.00 kg) and Romania (7.99 kg) is well below the EU average (24.36 kg), which can be seen as an opportunity for the local fishing sector to grow;
Amendment 46 #
2019/2159(INI)
Motion for a resolution
Recital E
Recital E
E. whereas on average 91% of the Black Sea fishing fleet of all 6 littoral countries consists of small vessels,; which make upereas almost 95% of the Bulgarian fleetand 87% of the Romanian fleet falls under this category;
Amendment 49 #
2019/2159(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the small-scale fishing is characteristic for the Black Sea and Lower Danube region;
Amendment 50 #
2019/2159(INI)
Motion for a resolution
Recital F
Recital F
F. whereas illegal, unreported and unregulated fishing vessels are operating in the Black Sea; whereas per the latest available data of GFCM from 4-8 November 2019 there have been 65 vessels identified as IUU fishing vessels;
Amendment 52 #
2019/2159(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the EMFF allocated more than EUR 88 million to Bulgaria and more than EUR 168 million to Romania for the period 2014-2020; whereas the absorption rates of both countries according to the latest available information until 31.12.2020 remain among the lowest in the EU at rates of funds spent at 36,34% for Bulgaria and 33,72% for Romania; whereas lower absorption rates could mean missed opportunities for the fishing communities in these countries;
Amendment 55 #
2019/2159(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas climate change has an impact on the increase of the aerial temperature, which on the other hand has an impact on the marine temperature, which affects the biodiversity and the marine species; whereas this change has an impact on the fishing sector through the resources, which it depends on;
Amendment 56 #
2019/2159(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas the European Commission has proposed the EU Green Deal and the EU Biodiversity strategy for 2030, which foresee legislative packages changing the acquis communataire in relation to the environment; whereas this would create new opportunities and measures to better integrate environmental aspects in sectorial policies, restore species and habitats and promote more environmentally friendly investments and policies;
Amendment 58 #
2019/2159(INI)
Motion for a resolution
Recital I
Recital I
I. whereas according to the report drawn as part of the EMBLAS-Plus project on the Black Sea, the Black Sea has almost twice as much waste as the Mediterranean Sea, which undoubtedly has consequences for the biodiversity and respectively for the stocks and the fishing sector;
Amendment 59 #
2019/2159(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the Black Sea has three endemic sub-species of cetaceans, two of which have the status of endangered species; whereas - Black Sea common dolphin (Delphinus delphis ponticus), Black Sea common bottlenose dolphin (Tursiops truncatus ponticus) and Black Sea harbour Porpoise (Phocoena phocoena relicta), all of which are classified as endangered species and two of them Black Sea common bottlenose dolphin (Tursiops truncatus ponticus) and Black Sea harbour Porpoise (Phocoena phocoena relicta) are included under the Habitats Directive; whereas all of these these are carnivores which feed mainly on fish;
Amendment 60 #
2019/2159(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the veined rapa whelk (Rapana venosa) is a source of income, but is an invasive species thatconsidered as an invasive species without natural enemies in the Black Sea, which poses a serious threat to the populations of other organisms, however at the same time it has become an important source of income and is also a species subject of commercial fishing;
Amendment 62 #
2019/2159(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the Black Sea ecosystem depends on major European rivers such as the Danube; whereas both the Danube and the Black Sea are home to certain species, including the sturgeons (Acipenseriformes) and the Pontic shads (Clupeiformes);
Amendment 65 #
2019/2159(INI)
Motion for a resolution
Recital M
Recital M
M. whereas factors such as the degradation of the habitat of these species, disruption of their migration corridors and their overexploitation for caviar and their flesh, as well as pollution, have brought Danube and Black Sea sturgeon to the verge of extinction; whereas, due to the drastic reduction in the number of reproductive sturgeon, this species can no longeronly very rarely breed in the wild nowadays;
Amendment 66 #
2019/2159(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas the drastic decrease of the number of spawners, associated with the population decline, trigger the failure of the natural reproduction, reducing the chance of the few remaining male and female sturgeons to meet and spawn;
Amendment 67 #
2019/2159(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
M b. whereas the data held by the research institutes indicate that the populations of sturgeon species are fragmented, missing certain generations, and the species of sturgeon natural reproduction is deficient, the number of adults migrating to the Danube for reproduction is extremely low and the 5 sturgeon species (sterlet (Acipenser ruthenus), Russian sturgeon (Acipenser gueldenstaedtii), starry sturgeon (Acipenser stellatus), European sturgeon (Acipenser sturio) and beluga sturgeon (Huso huso)) are on the verge of extinction, while the species ship sturgeon (Acipenser nudiventris) is already considered extinct;
Amendment 68 #
2019/2159(INI)
Motion for a resolution
Recital M c (new)
Recital M c (new)
M c. whereas the EU fishery sector already applies high standards, which need to be reviewed and adjusted in order to ensure environmental and social sustainability along the entire value chain, including labour rights and animal health and welfare, and provide high- quality fishery products;
Amendment 69 #
2019/2159(INI)
Motion for a resolution
Recital M d (new)
Recital M d (new)
M d. whereas the recreational fisheries sector can provide opportunities, such as activity or income diversification, while being compatible with environmental objectives, given that recreational angling is a very selective form of fishing;
Amendment 70 #
2019/2159(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the COVID-19 pandemic is having a serious impact on the Black Sea fishing sector; whereas analyses showed that the fisheries sector in the Black Sea suffered drastically during the pandemic with reduction of up to 80% of the work of the operating ships as well as initial reduction with around 75% of the production;
Amendment 72 #
2019/2159(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to strengthen cooperation with third countries in the region with a view to efficiently managing fisheries resources and meeting challengUnderlines the high strategic and geopolitical stakes in the Black Sea basin due to the very specific environmental conditions, which demand special attention, tailored approach and collective actions aiming at sustainable Blue Economy and Growth; stresses the need to further strengthen and deepen the cooperation among all littoral Black Sea countries with a view to efficiently managing fisheries resources and meeting challenges; calls in this regard for a regional capacity plan, which ensures appropriate balance among available natural resources, environmental safety and the fleet capacity of all Black Sea littoral countries;
Amendment 76 #
2019/2159(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that cooperation on equal footing in the field of fisheries management is needed in the Black Sea region because of the shared stocks and global challenges, which go beyond national borders;
Amendment 79 #
2019/2159(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Urges the inclusion of all Black Sea countries in the GFCM-Lex project in order to facilitate and coordinate better and faster the common management of fish stocks;
Amendment 80 #
2019/2159(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that statistics show that a large proportion of keyIs concerned that after decades of increasing human pressure on the Black Sea marine and the Danube river's ecosystems and fisheries resources, the latest data suggests that more than 75% of the fish stocks are being overfished; stresses that this has been a growing trend in recent years; notes that there have been some positive trends in the past years for some stocks, for example the turbot, whose TAC quota has been increased for the period 2020-2022, however there is no significant improvement on a general scale for the Black Sea yet;
Amendment 83 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recognizes the role of the administrations in the whole Black Sea basin, which bring together different policies and which execute monitoring, control, sustainable management, which contribute to improving the sustainability of the fishing sector;
Amendment 84 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls on the Bulgarian and Romanian authorities to help the sector through securing resources specifically targeted at improving the selectivity of the fishing vessels through better mesh nets; believes that such a targeted measure will reduce the quantities and varieties of unwanted by-catch;
Amendment 85 #
2019/2159(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Calls for integrating of the institutional and human capital of the Black Sea littoral countries for joint research and applied activities aiming at improvement of the bio resources of the Black Sea and the stocks of the economically important species;
Amendment 89 #
2019/2159(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need for funding for scientific bodies researching stocks both of fish species, including migratory species such as the sturgeon and the Black Sea shads, and non-fish species (veined whelks, mussels, etc.);
Amendment 90 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the regional research programme on the population of the rapa whelk initiated by GFCM as it will help reach consensus on the species; believes that this can help develop science-based exploitation, which could bring socio- economic profits to the communities and environmental benefits for the Black Sea ecosystem by limiting the impact of this invasive species;
Amendment 91 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Stresses the importance of applying zero-tolerance policy towards IUU fishing in the Black Sea; welcomes the efforts of GFCM in this regard and urges all littoral states to put and combine efforts against IUU fishing also in their waters;
Amendment 92 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Urges all littoral states to promote sustainable fishing which among other things includes combating overfishing and or limiting to zero by-catches of endangered species, such as the sturgeons, shads and others;
Amendment 93 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Urges all intergovernmental institutions and organs, with participation of all Black Sea littoral states among others, to facilitate and monitor and in line with their commitments to share data on fishery resources in a thorough and all-inclusive manner in order to ensure high ecosystem status of the marine habitats;
Amendment 94 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Reminds that reliable official statistics, collected regularly through a harmonised methodology among all littoral states, regular monitoring and common regulatory measures are crucial for the success of proper fisheries management in the Black Sea; calls in this regard the respective authorities in both member states and also the cooperating countries to conduct regular and thorough research on the fish resources for which national funding and aid is be key;
Amendment 95 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Stresses the need also for local and regional communication cooperation within the different Black Sea littoral states, so that common and coherent approach to the management of the fish stocks can be executed;
Amendment 96 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3 g. Reminds the potential, which the new technologies provide and the high added value to the research and planning of the fisheries management which they can have; reminds that there are projects funded through the EMFF which aim among other things at mapping the sea bottom and its research as well as presence of plastics in it, among other things;
Amendment 97 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3 h. Urges the Black Sea littoral states to invest in digitalisation of statistics and data about the fisheries stock in the Black Sea basin in order to facilitate the better and sustainable management of the stocks; calls for a common methodology on tabling and using this data;
Amendment 98 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3 i. Calls on the fishing industry in the region to consider making use of the underrated and not used resources of fishing, which also constitute a source of proteins;
Amendment 99 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3 j. Invites the scientific communities in the member states to research the potential of the oxygen free environment;
Amendment 100 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 k (new)
Paragraph 3 k (new)
3 k. Highlights the role of the non- governmental sector in the decision- making process vis-à-vis the Black Sea; recommends setting up a mechanism of inclusion of the NGO sector in this process;
Amendment 101 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 l (new)
Paragraph 3 l (new)
3 l. Welcomes the support that was provided to the fisheries and aquaculture sector through the EMFF programmes in order to soften the harsh effects of the Covid-19 pandemic on the local fishing sector; recalls however that not all affected stakeholders could benefit from that support due to administrative requirements and limitations, which has put some in more unfavourable situation than others;
Amendment 102 #
2019/2159(INI)
Motion for a resolution
Paragraph 3 m (new)
Paragraph 3 m (new)
3 m. Underlines the important work, which the Black Sea Advisory Council does both on regional, but also EU level with providing expertise on the fisheries sector and the trends, which affect it; calls in this regard the Bulgarian and Romanian authorities to contribute for the functioning of the Council, so that it can fulfil its functions and also allow all stakeholders, the small-scale fishers included, to take part in the work and the decision-making process of this advisory council;
Amendment 103 #
2019/2159(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that through the fishing sector seafood can be offered for sale on local markets where consumption rates for such products are low; invites the competent authorities in Bulgaria and Romania to help the fishing and aquaculture sectors increase awareness about local consumption and the cumulative positive effects the sustainably grown or caught fisheries have for the local economy;
Amendment 104 #
2019/2159(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recognizes and underlines that Black Sea fisheries contribute to regional and local economies significantly by generating direct revenues and incomes, driving wider spending and providing crucial jobs either independently or via cooperation with other sectors such as tourism and transport; calls for deepening the cooperation among all sectors, which use the marine environment in order to achieve better results and balance between the interests of the environment, the industry and the artisanal fishers;
Amendment 106 #
2019/2159(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that the fishing fleet of the Black Sea comprises mostly by small-scale fishing vessels, which underlines the need for a more tailor-made approach and policies towards this segment of the fishing sector; is worried that the small- scale fishers have uncertain livelihoods and lower incomes compared to other sectors, which makes them vulnerable to unforeseen developments or crisis; calls on the competent authorities in the littoral member states to include representatives of the small-scale fishing sector in the policy draft and discussions in a transparent and inclusive manner;
Amendment 107 #
2019/2159(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that there is rising global demand for the proteins found in fishery and aquaculture products, to which both the fisheries and the aquaculture production can have great contribution; considers that the possibility of supporting marine aquaculture can help the sector develop and grow in the years to come and also reduce the pressure on the wild stocks; is of the opinion, that sustainable aquaculture would require also further scientific research on issues such as density and side effects, which need to be taken into account, when designing policies for the aquaculture sector in the Black Sea;
Amendment 108 #
2019/2159(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on local fishing communities to consider classifyingintroducing designations origin for the Black Sea products as coming from an area of regional or local importance; calls on the local and regional authorities help these communities in their efforts of doing so;
Amendment 109 #
2019/2159(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States in the region to consider supporting the sector by, for example, developing specialised trade channels and marketsthrough inclusion in their national programmes for 2021-2027 or other national instruments, allocations for campaigns dedicated to the benefits of fish consumption and the importance of sustainable fisheries production and to support the sector create local food chains, to facilitate easier access to the market, especially for the small-scale fishers and to develop, improve or facilitate the fisheries infrastructure (f.e. fish markets or fish auction places etc.);
Amendment 112 #
2019/2159(INI)
7 a. Urges the competent authorities in Romania and Bulgaria to include in their respective EMFAF Operational programmes for the period 2021-2027an instalment of a targeted scheme for young fishers in order to rejuvenate the fishing sector, including supporting the first acquisition of a fishing vessel, and also measures targeted at reducing pollution by supporting investments in replacing the old fishing vessels engines with new more environment friendly ones;
Amendment 113 #
2019/2159(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines that the pressure on adapting to new challenges should not fall solely on the fisheries and aquaculture sector, as these sectors already apply high environmental and social standards; calls therefore that the other marine activities should be in focus as well, such as recreational fisheries, coastal tourism, harbour and shipping activities and resources exploitation activities, which need to uplift their standards for successful Blue transition;
Amendment 114 #
2019/2159(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the role of Fisheries Local Action Groups (FLAGs) in exchanging and promoting best practices of interest for the sciences, local stakeholders and the industry both among the members of the respective fishing communities, but also through international cooperation; urges the competent authorities in Bulgaria and Romania to foresee national support for exchange of best practices with the other Black Sea littoral states, which have shown good practices in stock management for the economically important species, such as turbot, among others;
Amendment 115 #
2019/2159(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Pays attention to the necessity of preserving the good practices in the fisheries sector through reducing the economic burdens for the artisanal fishers and their associations;
Amendment 116 #
2019/2159(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for training in the sector to be made more attractiveand education in the sector on both secondary and higher education level to be made more attractive through for example targeted information campaigns, open days for perspective students in cooperation with the public and private sector;
Amendment 117 #
2019/2159(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reminds that the low education level of the fishers (11% in Bulgaria and 53% in Romania) requires proactive measures on different levels in order to ensure that there is skilled and well trained labour force, which is familiar with the necessary technical, social and environmental standards, and which will help achieve better levels of sustainability of the stocks; calls for a strong societal dimension in the Black Sea region sustainable blue growth with respect to key principles of the European Pillar of Social Rights, especially with regard to precarious, seasonal and undeclared workers and to the access of women in the sector;
Amendment 118 #
2019/2159(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Welcomes the efforts for establishing demonstration centers in Romania, Turkey and Bulgaria, which has been in cooperation with GFCM and which has the potential of increasing the attractivity of the fisheries for the local businesses and stakeholders;
Amendment 119 #
Amendment 124 #
2019/2159(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for targeted measures and adequate resources to reduce pollution throughout the basin through joint programmes and budgets; calls for extensive research and estimates on the plastic pollution and the effects of plastics and other pollutants on the living organisms in the Black Sea; calls for systemic measurement of the nitrogen pollution in the Black Sea Basin;
Amendment 128 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that the fisheries and aquaculture sectors do not case temperature rise and thus climate change, but rather suffer from its sequences such as increased aerial temperature, which increases the marine temperature in the upper layers;
Amendment 131 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls on the Black Sea littoral states to invest in scientific research and data collection with regard to the effect of the climate change on the Black Sea and Lower Danube ecosystems; reminds that this should include providing enough resources to the scientific community to conduct research on the spot with regards to the migratory routes, wintering, feeding and reaching reproductive maturation, which will also have an effect on the characteristics and availability of stocks;
Amendment 134 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
Amendment 135 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Is very concerned by the real threat of extinction for the remaining 5 sturgeon species in the Black Sea and Danube Delta basin; acknowledges the efforts undertaken by the authorities in Bulgaria and Romania, which have introduced a complete ban on sturgeon fishing in the Black Sea since 2008 and in the Danube river since 2011 and which was prolonged for 5 more years (until 2026); welcomes the refishing efforts with sturgeons, which have been undertaken and supported by experts from the non- governmental and state structures;
Amendment 136 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10 e. Is concerned that the research on climate change and its effects on the Black Sea is not sufficient, while still crucial in the years to come; calls on the littoral states to fund such research, which covers the fish species (their physiology, migratory routes and reproduction) as well as the changes in their food chain, which has an effect on the stocks;
Amendment 137 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 f (new)
Paragraph 10 f (new)
10 f. Is of the opinion that regular measurements of the dynamics of the stocks is necessary so that adequate management measures can be designed; reminds that due to the overfishing and the anthropogenic pressure, the stocks of the economically significant species are more sensitive and vulnerable to climate change;
Amendment 138 #
2019/2159(INI)
Motion for a resolution
Paragraph 10 g (new)
Paragraph 10 g (new)
10 g. Urges the respective control authorities to exercise effective control on NATURA 2000 sights and MPAs in the Black Sea;
Amendment 140 #
2019/2159(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Invites the Member States to develop the ex situ farming of sturgeon; invites the Member States to provide retraining programmes and access to other livelihoods for sturgeon fishermens, with an eye to reducing illegal catch levels;
Amendment 142 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses the urgent need to establish areas, in which wild populations of sturgeons, shads and other fish species can recover; calls on the competent authorities in the member states concerned to come up with a proposal in this direction, which will be both beneficial for the biodiversity conservation and for the fishery management;
Amendment 144 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Reminds that further scientific research is needed for the population of some molluscs such as the striped white venus clam (Chamalea gallina) in order to make better mapping of the distribution of the species and also explore the possibility of using it for marine aquaculture;
Amendment 145 #
2019/2159(INI)
12 c. Invites the Black Sea littoral states to find a common approach on helping the cetaceans reach stable population levels and improve their conservation status;
Amendment 146 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12 e. Calls on the Commission and the competent authorities in Bulgaria and Romania to provide funding for research on the state of the Black Sea shads (Alosa spp.) currently listed in Annex V of the Habitats Directive 92/43/EEC, with scientific and socio-economic analyses included, assessing the need to move Alosa spp. in Annex II or even Annex I of this Directive, if the necessary criteria are met;
Amendment 151 #
2019/2159(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Calls on the Commission to urgently consider transferring the sturgeons (Acipenseriformes) currently listed in Annex V of the Habitats Directive 92/43/EEC to Annex II or even Annex I of it;
Amendment 152 #
2019/2159(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Instructs its President to forward this resolution to the Council and to the Commiss, the Commission, the governments and parliaments of the Member States, the governments and parliaments of the Ukraine, the Russian Federation, Georgia and Turkey, the General Fisheries Commission for the Mediterranean and the Black Sea, the Organisation of the Black Sea Economic cooperation, the Commission on the Protection of the Black Sea Against Pollution.
Amendment 7 #
2019/2055(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Encourages the Commission to reduce the diverging interpretation of applicable national or EU rules when it comes to disagreement with the assessments made by the Court of Auditors‘ Annual Report on the nature of the occurred errors in order to avoid such situation in future and different interpretation of applicable rules;
Amendment 22 #
2019/2055(DEC)
3 a. Stresses that since targeted fraud prevention measures are a key action of the new Commission's Anti-Fraud Strategy, the Commission should continue to actively support and assist Member States in the implementation of anti-fraud measures and should improve the analysis of irregularities reported by Member States under the European Regional Development Fund and the Cohesion Fund;
Amendment 24 #
2019/0183(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) TConsidering that a reasonable budget needs to be provided in order to maintain the availability of the European Union Solidarity Fund for natural disasters, its original purpose, a budgetary ceiling for support related to the withdrawal of the United Kingdom from the Union without an agreement should be establishedother additional means need to be made available to Member States and regions to help them limit the impact of a potential withdrawal of the United Kingdom from the Union without an agreement, for example by way of the EGF or other ad hoc financial instruments.
Amendment 49 #
2019/0183(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 2012/2002
Article 3 a – paragraph 2
Article 3 a – paragraph 2
(2) The available appropriations for this goal shall be limited to half30 % of the maximum available amount for the Fund intervention for the years 2019 and 2020.