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2329 Amendments of Kim VAN SPARRENTAK

Amendment 8 #

2023/2043(INI)

Motion for a resolution
Recital A
A. whereas many digital services, such as online games, social media, streaming services for films, series or music, online marketplaces or web shops and dating apps are designed to keep users on the platform for as long as possible so as to maximise the time and money they spend there; whereas consequently many online services are designed to retain users’ attention or to be as addictive as possible; whereas the terms ‘addictive design’ or ‘behavioural design’ of online services describe features that lead to behaviour- related forms of digital addiction, such as, ‘excessive or harmful internet use’, ‘smartphone addiction’, ‘technological or internet addiction’, ‘social media addiction’; whereas there is a growing consensus among academics that phenomena, such as ‘social media addiction’ exist; whereas we must look into the attention retaining or addictive features that incite that behaviour, not the media or devices as such, which can perfectly work without attention retaining or addictive features;
2023/09/22
Committee: IMCO
Amendment 38 #

2023/2043(INI)

Motion for a resolution
Recital H
H. whereas addictive design features are often linked to psychosocial patterns playing on consumers’ psychological needs, vulnerabilities and desires, such as social belonging, social anxiety, fear of missing out (encouraged by information being available only temporarily, such as ‘stories’, ‘is typing…’), network effects, the urge to finish tasks in a flow, even if interrupted (endless scrolling,, for example by removing all ‘stopping cues’ (endless scrolling, autoplay of videos or taking a number of seconds to load your newsfeed) and, by setting goals for users and playing into loss of self-control; whereas design features can be addictive for different reasons, such as an intermittent variable reward, leading to a dopamine surge, just like the dynamics of slot machines, such as push notifications, or social reciprocity leading to chemical brain reactions, where on the one hand people receive social gratification, such as likes, and on the other hand people feel social pressure to respond to people, such as with read-receipts;
2023/09/22
Committee: IMCO
Amendment 43 #

2023/2043(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the described features above are combined with granular personalisation to influence users on an individual level, thus increasing the behavioural patterns and risks identified;
2023/09/22
Committee: IMCO
Amendment 51 #

2023/2043(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas many tech companies use experimental dashboards to base their design decisions on; whereas such real- life experiments are made directly on consumers without their knowledge or consent; whereas it is unclear to what extent such experiments are subject to safety measures due to the lack of transparency in their deployment;
2023/09/22
Committee: IMCO
Amendment 88 #

2023/2043(INI)

Motion for a resolution
Paragraph 4
4. Recalls that the Commission study on unfair commercial practices in the digital environment has found that transparency provisions against dark patterns and manipulative personalisation practices both for average and vulnerable consumers are insufficient to counter the negative consequences; calls on the Commission to prohibit the most harmful practices, which are not yet blacklisted in Annex I of the UCPD or other EU legislation, and to impose a fair/neutral design obligation on traders;
2023/09/22
Committee: IMCO
Amendment 91 #

2023/2043(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Urges the Commission to impose a fair/neutral design obligation on traders; stresses that a fair design obligation should be a duty of care for online service providers to ensure their design is not addictive, laying the burden of proof on online services providers; notes that sharing the outcomes of online services providers’ experimentation dashboards and the consequent effects on the users on their platforms with authorities and consumers is instrumental in proving the effects of design features, including that the design feature is not addictive; calls on the Commission to examine and review regulative action with regards to experimentation with consumers in this regard; calls for a right for consumers to contest new design features if consumers feel these design features are addictive and thus unfair;
2023/09/22
Committee: IMCO
Amendment 95 #

2023/2043(INI)

Motion for a resolution
Paragraph 5
5. Recalls that the Commission assessment on taxonomies of dark patterns clarifinotes that certain addictive design features aremay not be taken into account in the current legislation, including the infinite scroll and the default auto play function present in services such as YouTube, Netflix, and Spotify; stresses that other addictive design features such as interaction-based recommender systems, constant push notifications or read receipt notifications are not covered by existing legislation either; recalls that the Commission in its Guidancere remains legal uncertainty on the interpretation of the Unfair Commercial Practices Directive expressed concern over uncertainty regarding the rules applicable to addictive interface designs; calls on the Commission to prohibit addictive techniques outside a commercial or privacy sphere in which the Unfair Commercial Practices Directive (UCPD) and General Data Protection Regulation (GDPR) are not applicable;
2023/09/22
Committee: IMCO
Amendment 109 #

2023/2043(INI)

Motion for a resolution
Paragraph 8
8. Demands that, in its legislation on addictive design, the Commission puts forward a digital ‘right not to be disturbed’ including design that would turn all attention seeking features off by default, offering consumers real choice and autonomy, without burdening them with an information overload;
2023/09/22
Committee: IMCO
Amendment 15 #

2023/2019(INI)

Motion for a resolution
Recital E
E. whereas the Geo-blocking Regulation must be considered in the context of the overall e-commerce package of measures, in particular regarding cross- border parcel delivery services, the revision of the Consumer Protection Cooperation Regulation and the revision of the directive on audio-visual media services, and reinforces its impact to boost the potential for cross-border e-commerce in Europe, as a prerequisite for the full functioning of the digital single market;
2023/07/13
Committee: IMCO
Amendment 20 #

2023/2019(INI)

Motion for a resolution
Paragraph 1
1. Underlines the remaining untapped potential for cross-border economic activities that couldmust be encouraged by the removal of all geo-blocking barriers and the continued promotion of the free movement of products and services in line with the principles of the Geo-blocking Regulation;
2023/07/13
Committee: IMCO
Amendment 26 #

2023/2019(INI)

Motion for a resolution
Paragraph 2
2. Underlines the importance of the Geo-blocking Regulation in building a more robust, coherent and, accessible and fair internal market for all citizens and businesses in the EU, regardless of their nationality, place of residence or establishment; stresses that further steps need to be taken to achieve the full potential of the Regulation, including by strengthening the legal framework supporting the cross- border exchange of goods and services, and by including audio-visual services in the scope of the Regulation;
2023/07/13
Committee: IMCO
Amendment 37 #

2023/2019(INI)

Motion for a resolution
Paragraph 3
3. Recognises that the Commission carried out its first review prior to the start of the COVID-19 pandemic, which means that changes to both consumer and trading behaviour triggered by the pandemic were therefore not reflected in the 2020 Commission report; recalls the changes in consumer habits and the rising preference for onlinepurchasing goods and services online that were additionally strengthened by the COVID-19 pandemic; underlines, therefore, the need to draw further conclusions based on the new data in this area, as and to consider introducing complementary measures for reducing market fragmentation, also taking into account that 12 % of EU businesses10 started or increased efforts to sell goods or services online due to the pandemic; __________________ 10 Eurostat, ‘Online sales efforts on the rise due to the pandemic’, 11 April 2022.
2023/07/13
Committee: IMCO
Amendment 42 #

2023/2019(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Member States to fully apply and enforce the Geo-blocking Regulation and to act decisively against entities that deprive consumers of all the benefits offered by the single market, also by securing proper enforcement tools and enhancing cross-border cooperation, including through a reinforced Consumer Protection Cooperation (CPC) network; urges the Commission to step up efforts on coordination and to steer and monitor the cooperation in the CPC network, in order to ensure effective enforcement of the Geo-blocking Regulation; calls on the Commission to provide additional guidance on the enforcement of the Regulation and to strengthen equal enforcement and to initiate and follow-up on infringement procedures in order to avoid the fragmentation of the rules;
2023/07/13
Committee: IMCO
Amendment 46 #

2023/2019(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Acknowledges the wide range of applicable minimum and maximum fines both across and within Member States; calls on the Commission to monitor more closely if such discrepancies could harm the effectiveness of the Regulation and if the introduction of harmonised sanctions is needed;
2023/07/13
Committee: IMCO
Amendment 49 #

2023/2019(INI)

Motion for a resolution
Paragraph 5
5. Is concerned that a full-scale evaluation, that should be carried out and presented by the Commission in 2025, will face challenges due to the delay in application and a lack of data; notes, however, that the progress in the digitalisation of trade in goods and services should by its nature ease cross-border access and promote competition among different EU businesses to the benefit of consumers;
2023/07/13
Committee: IMCO
Amendment 55 #

2023/2019(INI)

Motion for a resolution
Paragraph 7
7. Notes that one third of all complaints received by responding competent authorities were not actually covered by the Regulation, including, among other things, copyright-protected content and insurance services, which shows that consumers perceive Geoblocking as particularly problematic in these areas; is concerned by the fact that consumers are still unaware of the coverage of the Regulation and calls on the Commission and on the Member States to improve efforts on awareness raising campaigns;
2023/07/13
Committee: IMCO
Amendment 63 #

2023/2019(INI)

Motion for a resolution
Paragraph 9
9. Recognises that certain price differences canstill exist for cross-border customers, which can; notes that these differences could only be justified if based on different value added tax (VAT) rates andor higher costs for cross-border delivery and running business operations; believes, however, that consumers should not be blocked from accessing competitive offers made available across the single market by the same or other providers;
2023/07/13
Committee: IMCO
Amendment 79 #

2023/2019(INI)

Motion for a resolution
Paragraph 12
12. Deplores the fact that some unjustified obstacles persist with regard to registration and payment methods online, so that cross-border customers are often not able to register on websites requiring registration, or pay for the requested service without presenting an address or payment method linked to Member State specific banks, Member State specific payment systems or to an address in the local country, thus diminishing the objective of the Regulation to ‘shop like a local’;
2023/07/13
Committee: IMCO
Amendment 86 #

2023/2019(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the progress made in terms of the cross-catalogue availability of music, e-book, video game and software products and services, both in subscription and transaction-based models; regrets the limited improvements regarding the cross- catalogue availability of video content and live sports events, which contribute to consumers’ perception that the audiovisual services sector is applying the highest level of geo-blockingand calls on the Commission to abolish geo-blocking practices concerning audiovisual services and to ensure that such services are also covered by the Regulation;
2023/07/13
Committee: IMCO
Amendment 93 #

2023/2019(INI)

Motion for a resolution
Paragraph 15
15. Notes the popularity of different tools among consumers used to avoid geo- blocking restrictions, especially for audiovisual content; considers it important to recognise that the steady modernisation and adaptation of theis convinced that this popularity shows the increasing demand to access cross-border audiovisual contents by consumers, which is also confirmed by the Eurobarometer, according to which 20% of young people (age 15-25 years) tried accessing cross- border audiovisual serviccontent; stres sector to new consumer expectations might be more effective than undermining the effective use of such tools that this demand should be duly taken into account by the Commission, which should propose prohibiting geo-blocking practices of audiovisual services, thus making unnecessary the use of tools to avoid geo-blocking restrictions;
2023/07/13
Committee: IMCO
Amendment 97 #

2023/2019(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Stresses that discrimination based on nationality, residence and location in relation to access to audiovisual content is an existing problem in the EU; recalls the report from the European Commission confirming that consumers in Greece have access to 1.3% of all the titles available in all EU Member States, while consumers in Germany have access to 43.1% of all film titles available in all Member States;
2023/07/13
Committee: IMCO
Amendment 103 #

2023/2019(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Recalls the European Citizens Initiative Minority SafePack, which collected more than millions of signatures among European citizens, calling for abolishing geo-blocking across the EU, which is harming the rights of linguistic minorities; stresses the need to ensure that minority language concerns are taken into consideration in future regulations;
2023/07/13
Committee: IMCO
Amendment 108 #

2023/2019(INI)

Motion for a resolution
Paragraph 16
16. Believes that the Portability Regulation12 delivered substantial benefits to consumers who expect to receive continued access to their services when they are temporarily present in another Member State; welcomes the Commission’s ongoing stakeholder dialogue on access to and the availability of audiovisual content across the EU; emphasises, however, that further clarity is needed on the services covered by the Portability Regulation and that further actions are needed to meet consumers expectations concerning the cross- catalogue availability of and cross-border access to sports events via streaming services; calls, therefore, on the Commission and the Member States to carefully assess all options that will reduce, in order to give them not only the possibility to ‘shop like a local’ but also to ‘watch like a local’; calls, therefore, on the Commission and the Member States to carefully assess all options, including adapting to the potential viewers within the EU market the agreement between the economic operators involved in the audiovisual sector, in order to abolish the unjustified and discriminatory geo- blocking barriers for access to audiovisual services and sports events, without harming the different actors in the supply chain and while taking into account the potential impact on diversity and the available financing of the creative sector; reminds the Commission to present Parliament with the outcome of its stakeholder dialogue on possibly extending the scope of the Geo-blocking Regulation to audiovisual content; __________________ 12 Regulation (EU) 2017/1128 of 14 June 2017 on cross-border portability of online content services in the internal market, OJ L 168, 30.6.2017, p.1.
2023/07/13
Committee: IMCO
Amendment 113 #

2023/2019(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. In this context, urges the Commission to propose, at the latest by September 2024, the comprehensive revision of Geoblocking Regulation, consisting, in particular, of the inclusion of audiovisual services in the scope of this Regulation, and the deletion from Article 4(1)(b) of the exclusion of electronically supplied services, the main feature of which is the provision of access to or use of copyright-protected works or other protected subject matter;
2023/07/13
Committee: IMCO
Amendment 128 #

2023/2019(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Calls on the Commission to conduct updated study on demand on cross-border access to audiovisual services;
2023/07/13
Committee: IMCO
Amendment 129 #

2023/2019(INI)

Motion for a resolution
Paragraph 20 b (new)
20 b. Calls on the Commission to explore possibilities of establishing unitary European copyright with a goal to eradicate licensing barriers within the EU;
2023/07/13
Committee: IMCO
Amendment 130 #

2023/2019(INI)

Motion for a resolution
Paragraph 20 c (new)
20 c. Calls on the Commission to take all necessary steps to abolish geo-blocking practices within the single market, including in relation to audiovisual services;
2023/07/13
Committee: IMCO
Amendment 131 #

2023/2019(INI)

Motion for a resolution
Paragraph 21
21. Urges for a full assessment of possible synergies with other measures of the digital single market strategy, such as Regulation (EU) 2018/644 on cross- border parcel delivery services, that should help increasing the transparency of cross-border tariffs, and the changes in the area of VAT for cross- border e- commerce that entered into force on 1 July 2021 and, which are supposed to reduce compliance costs for traders with cross- border operations and, hence, encourage more traders to deliver goods or services cross-border, and Regulation (EU) 2018/64413 on cross-border parcel delivery services that should help increase the transparency of cross-border tariffstresses that, although not directly addressed by the Regulation, delivery limitations in cross-border online sales still affect more than 50% of shopping attempts, frustrating consumer expectations; __________________ 13 Regulation (EU) 2018/644 of 18 April 2018 on cross-border parcel delivery services, OJ L 112, 2.5.2018, p. 19.
2023/07/13
Committee: IMCO
Amendment 93 #

2023/0290(COD)

Proposal for a regulation
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene, cybersecurity and radioactivity to ensure that the safety of children is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
2023/12/05
Committee: IMCO
Amendment 98 #

2023/0290(COD)

Proposal for a regulation
Recital 14
(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements, including on cybersecurity, for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/….../... [P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation andorizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020]. However, internet-connected toys might pose specific health and safety risks which can only be provoked by a cyberattack. Internet-connected toys attacked by malicious third parties may pose specific risks that, depending on their intended use or reasonably foreseen misuse, can impact the health and safety of its users. In this respect, health and safety risks in connection with the cybersecurity functions of instert the number, danet-connecte,d title and OJ referencoys shall fall within the scope of thatis Regulation in the footnote.
2023/12/05
Committee: IMCO
Amendment 102 #

2023/0290(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]. As this Regulation focuses mainly on “high-risks AI systems" and does not specifically address toys, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should be set out.
2023/12/05
Committee: IMCO
Amendment 103 #

2023/0290(COD)

Proposal for a regulation
Recital 14 b (new)
(14 b) Protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children.
2023/12/05
Committee: IMCO
Amendment 107 #

2023/0290(COD)

Proposal for a regulation
Recital 17
(17) In order to provide for flexibility where the safety of children is not compromised and where it is necessary for making certain toys available on the market, it should be possible to derogate from the generic prohibitions of chemical substances in toys. Derogations to generic prohibitions permitting the use of prohibited substances should be of general application and should only be possible where the use of the relevant substance is considered safe for children, where there are no commercially viable alternatives for the substanceelimination or substitution of such prohibited substances via design changes or other materials or components is not technically possible, where there are no technically viable alternatives for the substance, where a substitution plan has been submitted and where the use of the substance is not prohibited in consumer articles under Regulation (EC) No 1907/2006. The assessment of the safety of the substance in toys should be carried out by the relevant scientific committees in the European Chemicals Agency (ECHA) in order to ensure consistency and efficient use of resources in the assessment of chemical substances in the Union.
2023/12/05
Committee: IMCO
Amendment 108 #

2023/0290(COD)

Proposal for a regulation
Recital 19
(19) The use of nickel in stainless steel and in components that transmit electric current has been considered safe in toys by the Scientific Committee on Health, Environment and Emerging risks and should be allow. However, since children should also be adequately protected from allergenic substances and certain metals its use should be limited. Other substances that are necessary to transmit electric current should be permitted in toys to allow for the making available of electric toys if such substances are completely inaccessible for a child playing with the toy and therefore do not present a risk.
2023/12/05
Committee: IMCO
Amendment 112 #

2023/0290(COD)

Proposal for a regulation
Recital 22
(22) Directive 2009/48/EC includes limit values for certain substances in toys intended for children under 36 months or intended to be put in the mouth. In a family with more than one child, children under 36 months are likely to be attracted by the toys of their siblings that are older than 36 months, making it in practice impossible to completely shield children below 36 months from the toys of their elder siblings. Those substances have shown to also pose a risk to older children, as they could be equally exposed to such chemicals via skin contact or inhalation. These limit values should therefore apply to all toys. Since the adoption of the limit values for bisphenol A in Directive 2009/48/EC, new scientific data has emerged. The European Food Safety Authority (EFSA) re-evaluated the risks to public health from dietary exposure to bisphenol A in April 2023 concluding that exposure to bisphenol A is a health concern for consumers across all age groups. EFSA has established a new tolerable daily intake of bisphenol A which is significantly lower than the previous one. In view of this scientific evidence, bisphenol A should fall under the generic prohibition for CMR substances in toye structural similarities between different bisphenols leading to comparable risks for children, and to avoid regrettable substitution, toys should not contain any bisphenols.
2023/12/05
Committee: IMCO
Amendment 115 #

2023/0290(COD)

Proposal for a regulation
Recital 25
(25) To prevent misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toy should not be allowed if they conflict with the intended use of the toy. To ensure that supervisors are aware of any risks associated with the toy, it is necessary to ensure that the warnings are legible and visible. Minimum requirements on important parameters such as font size, distance and contrast should therefore be laid down.
2023/12/05
Committee: IMCO
Amendment 128 #

2023/0290(COD)

Proposal for a regulation
Recital 37
(37) Economic operatorsAny natural or legal person that either places a toy on the market under their own name or trademark or substantially modifyies a toy in such a way that compliancenformity with applicable requirements of this Regulation mayight be affected, should be considered to be the manufacturers and should assume the obligations of the manufacturers.
2023/12/05
Committee: IMCO
Amendment 129 #

2023/0290(COD)

Proposal for a regulation
Recital 38
(38) Toys are to comply with traceability requirements in accordance with Regulation (EU) 2023/988. Ensuring traceability of a toy throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates market surveillance authorities' task of tracing economic operators who made non- compliant toys available on the market.
2023/12/05
Committee: IMCO
Amendment 136 #

2023/0290(COD)

Proposal for a regulation
Recital 52
(52) It is appropriate to provide for the publication of a notice in the Official Journal of the European Union indicating the date when the interconnection between the registry and the EU Customs Single Window Certificates Exchange System referred to in Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products] becomes operational in order to facilitate public access to that information. Similar publication should be provided should further customs IT systems become operational.
2023/12/05
Committee: IMCO
Amendment 138 #

2023/0290(COD)

Proposal for a regulation
Recital 58
(58) If a conformity assessment body demonstrates conformity of the toy with the criteria laid down in harmonised standards, ithe toy should be presumed to comply with the corresponding requirements set out in this Regulation.
2023/12/05
Committee: IMCO
Amendment 141 #

2023/0290(COD)

Proposal for a regulation
Recital 68
(68) In order to take into account technical and scientific progress or new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending this Regulation by adapting the specific warnings to be affixed on toys, adopting specific requirements concerning chemical substances and limit values in toys and granting derogations to include specific uses allowed in toys of substances subject to generic prohibitions.
2023/12/05
Committee: IMCO
Amendment 145 #

2023/0290(COD)

Proposal for a regulation
Article 1 – title
SObjective and subject matter
2023/12/05
Committee: IMCO
Amendment 148 #

2023/0290(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down rules on the safety of toys,e objective of this Regulation is to ensuringe a high level of protection of health and safety of children and other persons, and on the free movement of toys in the Union.
2023/12/05
Committee: IMCO
Amendment 149 #

2023/0290(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
This Regulation lays down rules on the safety of toys placed or made available on the market that are underpinned by the precautionary principle. Economic operators shall place or make available on the market only toys that do not adversely affect the health and safety of children and other persons.
2023/12/05
Committee: IMCO
Amendment 157 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that person’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
2023/12/05
Committee: IMCO
Amendment 159 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with this Regulation;
2023/12/05
Committee: IMCO
Amendment 162 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9
(9) ‘online marketplace’ means online marketplace as defined in Article 3, point (14), of Regulation (EU) 2023/98819/2161;
2023/12/05
Committee: IMCO
Amendment 164 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
(12 a) ‘toy’ means a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age, whether or not having digital elements which allow for a direct or indirect connection to a device or network.
2023/12/05
Committee: IMCO
Amendment 172 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28
(28) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;
2023/12/05
Committee: IMCO
Amendment 173 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
(28 a) ‘notifying authority' means an authority designated by a Member State under Article 25 and 26 as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State;
2023/12/05
Committee: IMCO
Amendment 190 #

2023/0290(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Where necessary to ensure their safe use and the health and safety of children and other persons, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
2023/12/05
Committee: IMCO
Amendment 195 #

2023/0290(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
The manufacturer shall mark warnings in a clearly visible, easily legible, accessible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. Small toys which are sold without packaging shall have appropriate warnings affixed to them.
2023/12/05
Committee: IMCO
Amendment 198 #

2023/0290(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Warnings shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance sales. Warnings shall be of sufficient size to ensure their visibility and legibility. In particular, warnings shall have the characteristics set out in Annex III.
2023/12/05
Committee: IMCO
Amendment 202 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Before placing toys on the market, manufacturers shall carry out an internal risk analysis and draw up the required technical documentation in accordance with Article 23 and carry out the applicable conformity assessment procedure in accordance with Article 22 or have it carried out.
2023/12/05
Committee: IMCO
Amendment 204 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Manufacturers shall keep up to date the technical documentation and the product passport for a period of at least 10 years after the last model of the toy covered by that documentation and product passport has been placed on the market.
2023/12/05
Committee: IMCO
Amendment 207 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
When manufacturers,deemed appropriate with regard to the risks presented by a toy, consider it necessary for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys.
2023/12/05
Committee: IMCO
Amendment 209 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification and which is easily visible and legible for consumers, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy.
2023/12/05
Committee: IMCO
Amendment 214 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. Manufacturers shall ensure that the toy is accompanied by instructions and safety information in a language or languages easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible.
2023/12/05
Committee: IMCO
Amendment 216 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with this Regue relevant Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
2023/12/05
Committee: IMCO
Amendment 219 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – point a
(a) the market surveillance authorities of the Member States in which they have made the toy available, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988, giving details, in particular, of any non- compliance and of any corrective measures takenthe risks to the health and safety to consumers and of any corrective measures taken and if available, of the quantity, by Member State, of the toys still circulating in the market; and
2023/12/05
Committee: IMCO
Amendment 221 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 10
10. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and providers of online marketplaces, in the supply chain concerned, are kept informed in a timely manner of any non-conformity that the manufacturers have identifiedor risk to the health or the environment that the manufacturers have identified and of any corrective action, recall or withdrawal.
2023/12/05
Committee: IMCO
Amendment 226 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a
(a) keep the technical documentation at the disposal of national surveillance authorities and ensure that the product passport is available, in accordance with Article 17(2), for a period of at least 10 years after the last model of the toy covered by those documents has been placed on the market;
2023/12/05
Committee: IMCO
Amendment 229 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point b
(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy in an official language that can be understood by the authority;
2023/12/05
Committee: IMCO
Amendment 232 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
2023/12/05
Committee: IMCO
Amendment 234 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
(c a) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established;
2023/12/05
Committee: IMCO
Amendment 235 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
(c b) where the authorised representative considers or has reason to believe that a toy is a dangerous product, inform the manufacturer thereof;
2023/12/05
Committee: IMCO
Amendment 236 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
(c c) inform the competent national authorities about any action taken to eliminate the risks posed by toys covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the manufacturer or upon instruction of the manufacturer;
2023/12/05
Committee: IMCO
Amendment 237 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c d (new)
(c d) in case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
2023/12/05
Committee: IMCO
Amendment 239 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point e
(e) the relevant information in the product passport has been included in the product passport registry in accordance with Article 17(2) and Article 19(1);
2023/12/05
Committee: IMCO
Amendment 243 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer.
2023/12/05
Committee: IMCO
Amendment 246 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2
Where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk to health and safety of consumers and other end-users, they shall immediately inform the manufacturer, the competent national authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance, or risk to the health and safety of consumers, and of any corrective measures taken.
2023/12/05
Committee: IMCO
Amendment 250 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 8 a (new)
8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any non-conformity or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
2023/12/05
Committee: IMCO
Amendment 251 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 10 – subparagraph 2
Importers shall keep the manufacturer, distributors and, where relevant, providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.
2023/12/05
Committee: IMCO
Amendment 256 #

2023/0290(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. When making a toy available on the market, distributors shall act with due care in relation tocomply with the requirements of this Regulation.
2023/12/05
Committee: IMCO
Amendment 260 #

2023/0290(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Where distributors consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the manufacturer or the importer, as applicable, the market surveillance authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance or risk to health and safety of consumers, and of any corrective measures taken.
2023/12/05
Committee: IMCO
Amendment 263 #

2023/0290(COD)

Proposal for a regulation
Article 11 – title
Cases in which obligations of manufacturers apply to importers and distributorother persons
2023/12/05
Committee: IMCO
Amendment 266 #

2023/0290(COD)

Proposal for a regulation
Article 11 – paragraph 1
An importer or a distributor natural or legal person shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such importer or distributornatural or legal person places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected.
2023/12/05
Committee: IMCO
Amendment 268 #

2023/0290(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
A natural or legal person, other than the manufacturer, that substantially modifies the product within the meaning of Article 13 (3) of Regulation (EU) 2023/988, shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 7 for the part of the product affected by the modification or for the entire product if the substantial modification has an impact on its safety.
2023/12/05
Committee: IMCO
Amendment 270 #

2023/0290(COD)

Proposal for a regulation
Article 11 a (new)
Article11a Providers of online marketplaces 1. Without prejudice to the prohibition to conduct general monitoring as established under Regulation (EU) 2022/2065, providers of online marketplaces shall, before and after allowing the offering of the toy by the trader, make reasonable efforts to conduct simple random samples to check whether the toys offered on their interface have been identified as dangerous in the Safety Gate Portal. 2. Providers of online marketplaces are subject to specific obligations in accordance with Regulation (EU) 2023/988 concerning the removal of content referring to an offer of a dangerous toy from their online interfaces and regarding the cooperation with market surveillance authorities and relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a toy that is or was offered online through their services. 3. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, any provider of online marketplaces that allows consumers to conclude distance contracts with traders and that is not a manufacturer, importer or distributor, provided that the conditions of Article 6(3) set out in Regulation (EU) 2022/2065 are fulfilled, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where: (a) a market surveillance authority, upon a reasoned request, asks that provider of online marketplace to identify the economic operator or the person who supplied the provider of online marketplace with the toy; and (b) the provider of online marketplace fails to identify the economic operator or the person who supplied the provider of online marketplace with the product within 1 month of receiving the request. 4. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, providers of online marketplaces that allow consumers to conclude distance contracts with traders and that are not manufacturers, importers or distributors, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where such providers fail to comply with Article 30 of Regulation (EU) 2022/2065.
2023/12/05
Committee: IMCO
Amendment 285 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) state that compliance of the toy with the requirements set out in Union legislation applicable to toys and in particular in this Regulation and, in particular, the essential safety requirements, has been demonstrated;
2023/12/05
Committee: IMCO
Amendment 289 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point f
(f) be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, civil society organisations, researchers, trade unions, the Commission and other economic operators;
2023/12/05
Committee: IMCO
Amendment 291 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point g
(g) be available for a period of at least the expected lifetime or 10 years after the last model of toy is placed on the market, whichever is longer, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
2023/12/05
Committee: IMCO
Amendment 293 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point g a (new)
(g a) be based on open standards, developed with an inter-operable format and shall be machine-readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;
2023/12/05
Committee: IMCO
Amendment 294 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point i
(i) fulfil the specific and technical requirements laid down pursuant to paragraph 10. in order to facilitate the verification of product compliance by competent national authorities;
2023/12/05
Committee: IMCO
Amendment 296 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. By creating the product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation and with any other Union legislation applicable to toys.
2023/12/05
Committee: IMCO
Amendment 297 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier may alternatively be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. In addition, the data carrier shall be accompanied by the statement ‘More information on the product is available online’ or by a similar statement.
2023/12/05
Committee: IMCO
Amendment 299 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 5 a (new)
5 a. The economic operator placing the toy on the market shall provide other economic operators involved in the distribution of the toy with a digital copy of the data carrier to allow them to make it accessible to consumers and market surveillance authorities where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of receiving a request.
2023/12/05
Committee: IMCO
Amendment 301 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 8
8. By way of derogation from paragraph 2, point (c), where information requirements relating to substances of concern in toys are established in a delegated act adopted in accordance with Article 4 of Regulation …/… [OP please insert: the Ecodesign for Sustainable Products Regulation], the information referred to in Part I, point (k), of Annex VI to this Regulation is no longer required insofar as the information requirements established in the delegated act are equivalent.
2023/12/05
Committee: IMCO
Amendment 306 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d
(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new passport, including manufacturers, importers and distributors, dealers, repairers, refurbishers, remanufacturers, recyclers, notified bodies, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update.
2023/12/05
Committee: IMCO
Amendment 307 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d a (new)
(d a) the period for which the product passport shall remain available by specifying the minimum period of time during which the actors of the value chain storing the data shall guarantee continuous availability of those data.
2023/12/05
Committee: IMCO
Amendment 314 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 3 a (new)
3 a. Product passports shall be designed and operated so that they are user-friendly and accessible.
2023/12/05
Committee: IMCO
Amendment 315 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 3 b (new)
3 b. Consumers shall not be requested to register, download or install applications, or to provide a password to access the product passport. A functionality shall allow consumers to place alerts about toys that present a risk to their health and safety through a separate section of the Safety Gate Portal pursuant to article 34 (3) of Regulation (EU) 2023/988.
2023/12/05
Committee: IMCO
Amendment 316 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 3 c (new)
3 c. Manufacturers shall provide, on oral or written demand or when the product passport is temporarily unavailable at the time of purchase of the toy, the information provided in the product passport by alternative means on a durable medium. Manufacturers shall provide that information independently of a purchase and free of charge.
2023/12/05
Committee: IMCO
Amendment 318 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. Economic operators may not trackand any other relevant natural or legal person shall not track or profile end-users or otherwise process any personal data in line with Regulation (EU) 2016/679, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the product passport online. End-users must not be required to install any software, register or otherwise process personal data to access the digital product passport online.
2023/12/05
Committee: IMCO
Amendment 321 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6 a. The rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to paragraph 10 of Article 17.
2023/12/05
Committee: IMCO
Amendment 322 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6 b (new)
6 b. Data authentication, reliability and integrity shall be ensured.
2023/12/05
Committee: IMCO
Amendment 323 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6 c (new)
6 c. The product passport shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
2023/12/05
Committee: IMCO
Amendment 325 #

2023/0290(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2 a. To make controls more efficient, the registry should be automatically accessible from other data sharing platforms used by authorities, such as customs IT systems.
2023/12/05
Committee: IMCO
Amendment 327 #

2023/0290(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. The verifications referred to in paragraphs 3 and 4 of this Article shall take place electronically and automatically using the interconnection between the registry referred to in Article 19(1) and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products]] and any future customs IT systems.
2023/12/05
Committee: IMCO
Amendment 330 #

2023/0290(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) cover all the chemical, physical, mechanical, electrical, cybersecurity, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards;
2023/12/05
Committee: IMCO
Amendment 334 #

2023/0290(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) assess the risks, including to mental health, that may emerge when the toy is used in accordance with its intended purpose and reasonably foreseeable use.
2023/12/05
Committee: IMCO
Amendment 335 #

2023/0290(COD)

Proposal for a regulation
Article 22 – paragraph 3 – introductory part
3. In the following cases, the manufacturer shall use the EU-type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881:
2023/12/05
Committee: IMCO
Amendment 339 #

2023/0290(COD)

Proposal for a regulation
Article 22 – paragraph 4 a (new)
4 a. Manufacturers shall use the EU- type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881, for toys for children under 36 months, toys which include artificial intelligence, internet-connected toys, toys which are chemical mixtures, toys which for functional reasons cannot be designed to eliminate all risks and toys which in case of a failure can lead to severe health consequences for children. The Commission should be empowered to adopt delegated acts in accordance with Article 46 (5 a new) to amend this list, also contained in Anne IV, after consulting the stakeholders concerned, in the light of technical progress, advances in knowledge or new scientific evidence, by adding to the list of toys a new category of toys or by withdrawing an existing category of toys from this list.
2023/12/05
Committee: IMCO
Amendment 341 #

2023/0290(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. The technical documentation shall contain all relevant data or details of the means used by the manufacturer to ensure that the toy complies with the essential safety requirements. It shall, in particular, contain the documents listed in Annex V. In case the toy or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.
2023/12/05
Committee: IMCO
Amendment 342 #

2023/0290(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The technical documentation shall be drawn up and kept up-to-date by the manufacturer in one of the official languages of the Union.
2023/12/05
Committee: IMCO
Amendment 351 #

2023/0290(COD)

Proposal for a regulation
Article 41 – paragraph -1 (new)
-1. When market surveillance authorities of the Member States take measures as provided for in this Regulation, they shall take due account of the precautionary principle.
2023/12/05
Committee: IMCO
Amendment 354 #

2023/0290(COD)

Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of persons, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. The relevant economic operators and providers of online marketplaces shall cooperate, as necessary, with the market surveillance authorities for that purpose.
2023/12/05
Committee: IMCO
Amendment 356 #

2023/0290(COD)

Proposal for a regulation
Article 41 – paragraph 5 – point c a (new)
(c a) shortcomings in the EU-type examination procedure referred to in Article 22;
2023/12/05
Committee: IMCO
Amendment 358 #

2023/0290(COD)

Proposal for a regulation
Article 42 – paragraph -1 (new)
-1. On duly justified imperative grounds of urgency relating to the protection of health and safety of children and other persons, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 50.
2023/12/05
Committee: IMCO
Amendment 359 #

2023/0290(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 41(3) and (4) and in Article 44 (2) and (2a new), objections are raised against a measure taken by a Member State, or where the Commission has reasons to believe that a national measure could be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure.
2023/12/05
Committee: IMCO
Amendment 360 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – introductory part
1. Without prejudice to Article 41, where a market surveillance authority makes, inter alia, one of the following findings with regard to a toy, it shall require the relevant economic operator to put an end to the non-compliance concerned:
2023/12/05
Committee: IMCO
Amendment 363 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e a (new)
(e a) the toy is not in conformity with the product requirements in accordance with Article 5;
2023/12/05
Committee: IMCO
Amendment 364 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e b (new)
(e b) the toy does not bear, where appropriate, a general warning in accordance with Article 6;
2023/12/05
Committee: IMCO
Amendment 365 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e c (new)
(e c) the conformity assessment procedures laid down in Article 22 are not fulfilled;
2023/12/05
Committee: IMCO
Amendment 367 #

2023/0290(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. Where, having carried out an evaluation under Article 41(1), a market surveillance authority finds that, although a toy made available on the market is in compliance with the particular safety requirements it poses a risk to the health and safety of persons, it shall require the relevant economic operator, including providers of online marketplaces, to take all appropriate measures, within a reasonable period of time prescribed by the market surveillance authority taking into account the nature of the risk to ensure that the toy, when made available on the market, no longer presents that risk, to withdraw the toy from the market or to recall it.
2023/12/05
Committee: IMCO
Amendment 368 #

2023/0290(COD)

Proposal for a regulation
Article 44 – paragraph 2 a (new)
2 a. Where the relevant economic operator does not take adequate corrective actions within the period referred to in paragraph 1, the market surveillance authorities shall take appropriate provisional measures to prohibit or restrict the toy being made available on their national market, to withdraw the toy from that market or to recall it.
2023/12/05
Committee: IMCO
Amendment 371 #

2023/0290(COD)

Proposal for a regulation
Article 45 a (new)
Article45a Pan-European Injury Database 1. A Pan-European Injury Database covering all types of injuries caused by toys shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database, based on a common methodology, comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co- ordination of the collection of data from Member States and the operation of the database.
2023/12/05
Committee: IMCO
Amendment 373 #

2023/0290(COD)

Proposal for a regulation
Article 46 – paragraph 5 a (new)
5 a. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Article 22 (4 a new) by adding to the list of toys that are required to comply with the EU-type examination procedure set out in Annex IV a new category of toys or by withdrawing an existing category of toys from that list.
2023/12/05
Committee: IMCO
Amendment 374 #

2023/0290(COD)

Proposal for a regulation
Article 46 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Part C of the Appendix to Annex II in order to permit for a specified period of time a certain use in toys of a specific substance or mixture that is prohibited under Part III, point 4, of Annex II, or to limit a certain use that has been permitted.
2023/12/05
Committee: IMCO
Amendment 375 #

2023/0290(COD)

Proposal for a regulation
Article 46 – paragraph 9
9. For the purposes of paragraphs 6, 7 and 78, the Commission shall systematically and regularly evaluate the occurrence of hazardous chemical substances or mixtures in toys. In those evaluations, the Commission shall take into account reports of market surveillance bodies and scientific evidence presented by Member States and stakeholders.
2023/12/05
Committee: IMCO
Amendment 379 #

2023/0290(COD)

Proposal for a regulation
Article 47 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult relevant stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
2023/12/05
Committee: IMCO
Amendment 381 #

2023/0290(COD)

Proposal for a regulation
Article 51 – paragraph 1 – introductory part
1. Competent national authorities, notified bodies, ECHA and the Commission shall respect the confidentiality of the following information and data obtained in carrying out their tasks in accordance with this Regulation:
2023/12/05
Committee: IMCO
Amendment 383 #

2023/0290(COD)

Proposal for a regulation
Article 52 – paragraph 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 and shall be increased if the relevant economic operator has previously committed infringements of this Regulation .. Member States by … [P.O. insert date: the first day of the month following 30 months after the date of entry into force of this Regulation] notify the Commission of those rules and shall notify it without delay of any subsequent amendment affecting them.
2023/12/05
Committee: IMCO
Amendment 386 #

2023/0290(COD)

Proposal for a regulation
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 3018 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 4230 months after the date of entry into force of this Regulation].
2023/12/05
Committee: IMCO
Amendment 395 #

2023/0290(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. By … [OP please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findingsOn request, Member States shall provide the Commission with information necessary for the evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings and draw up a summary that is made available to the public. The report shall assess whether this Regulation, and in particular the provisions in Chapter IV achieved the objective of ensuring a high level of protection of health and safety of children and other persons and shall assess the possibility to include adaptive toys in the scope of this Regulation.
2023/12/05
Committee: IMCO
Amendment 403 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 3
3. sports equipment, including roller skates, inline skates, and skateboards, scooters and other means of transport intended for children with a body mass of more than 20 kg;
2023/12/05
Committee: IMCO
Amendment 406 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 5
5. scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways;deleted
2023/12/05
Committee: IMCO
Amendment 407 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 8
8. puzzles with more than 500 pieces;deleted
2023/12/05
Committee: IMCO
Amendment 409 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 14
14. electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals or components, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels;
2023/12/05
Committee: IMCO
Amendment 416 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part I – point 9
9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The maximum values shall not exceed those set in Directive 2003/10/EEC.
2023/12/05
Committee: IMCO
Amendment 419 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part II – point 2 – point a – point 5
(5) hazard classes 3.9, 3.10 and 3.101;
2023/12/05
Committee: IMCO
Amendment 420 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part II – point 2 – point a – point 6
(6) hazard class 4.1, 4.2, 4.3 and 4.4;
2023/12/05
Committee: IMCO
Amendment 428 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part VI a (new)
VI a Part VIa Cybersecurity 1. Toys shall be designed, developed, and produced and, where applicable, updated, in such a way that they ensure a level of cybersecurity protection proportionate to the risks to health and safety of children that can be caused by a cybersecurity incident. Toys shall be designed and manufactured so as to eliminate cybersecurity incidents or reduce the associated risks by an inherent security, taking into account the intended use or reasonably foreseen misuse, any risk of adverse impact to the health and safety of its users bearing in mind the behaviour of children. 2. Toys shall comply with the relevant Union legislation relating to cybersecurity. In particular, toys shall comply with the specific cybersecurity requirements set out in Annex I of the Regulation XX/XX on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020 (Cyber Resilience Act).
2023/12/05
Committee: IMCO
Amendment 431 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part A – point 2
2. Nitrosamines and nitrosable substances are prohibited in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth where the migration of those substances is equal to or higher than. The migration of those substances from toys, components of toys or micro-structurally distinct parts of toys, shall not exceed 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances.
2023/12/05
Committee: IMCO
Amendment 434 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part A – point 4 – introductory part
4. Toys shall not contain the following fragrance allergens unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed 100 mg/kgthe limit of detection:
2023/12/05
Committee: IMCO
Amendment 436 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part B – point 1
[...]deleted
2023/12/05
Committee: IMCO
Amendment 438 #

2023/0290(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
All wWarnings shall have the following characteristics: a) they shall stand out clearly from the background; b) a single font shall be used that is easily legible and without serifs; c) the x-height of the font size shall be equal to or greater than 1,4 mm; d) the distance between two lines shall be appropriate for the selected font size to be easily legible; e) the letter spacing shall be appropriate for the selected font to be easily legible. All warnings shall be preceded by the word ‘Warning’ or, alternatively, by a generic pictogram such as the following pictogram:
2023/12/05
Committee: IMCO
Amendment 444 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part I – point 4 – point 4.2
4.2. The manufacturer shall draw up the product passport for a toy model and ensure that together with the technical documentation, it remains available for at least the expected lifetime of 10 years after the last model of the product has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.
2023/12/05
Committee: IMCO
Amendment 446 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part II – point 9
9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for at least 10 years after the last model of toy has been placed on the market.
2023/12/05
Committee: IMCO
Amendment 447 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part II a (new)
II a Part II - Module B (a new): Toys required to undergo the EU-type examination procedure 1. Toys for children under 36 months; 2. Toys which include artificial intelligence; 3. Internet-connected toys; 4. Toys which are chemical mixtures; 5. Toys which for functional reasons cannot be designed to eliminate all risks; 6. Toys which in case of a failure can lead to severe health consequences for children.
2023/12/05
Committee: IMCO
Amendment 449 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part III – point 3 – point 3.2
3.2. The manufacturer shall create a product passport for a toy model and ensure that it remains available for at least the expected lifetime or 10 years after the last model of toy has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.
2023/12/05
Committee: IMCO
Amendment 59 #

2023/0085(COD)

Proposal for a directive
Recital 5
(5) Detailed Union rules on substantiation of explicit environmental claims, applicable to companies operating on the Union market in business to consumer communication, will contribute to the green transition towards a circular, climate-neutral and clean economy in the Union, that respects the planetary boundaries, by enabling consumers to take informed purchasing decisions, and will help create a level-playing field for market operators making such claims while promoting sustainable consumption.
2023/11/14
Committee: ENVIIMCO
Amendment 62 #

2023/0085(COD)

Proposal for a directive
Recital 8
(8) The specific needs of individual economic sectors should be recognised and this Directive should therefore apply to voluntary explicit environmental claims and environmental labelling schemes that are not regulated by any other Union act as regards their substantiation or communication, or verification. This Directive should therefore not apply to explicit environmental claims for which the Union legislation lays down specific and at least as strict rules, including on methodological frameworks, assessment or accounting rules related to measuring and calculating environmental impacts, environmental aspects or environmental performance of products or traders, or providing mandatory and non- mandatory information to consumers on the environmental performance of products and traders or sustainability information involving messages or representations that may be either mandatory or voluntary pursuant to the Union rules. Where Union legislation does not provide an equivalent level of protection with respect to the substantiation, communication, and verification of explicit environmental claims, this Directive should apply.
2023/11/14
Committee: ENVIIMCO
Amendment 69 #

2023/0085(COD)

Proposal for a directive
Recital 13
(13) In case future Union legislation lays down rules on environmental claims, environmental labels, or on the assessment or communication of environmental impacts, environmental aspects or environmental performance of certain products or traders in specific sectors, for example the announced “Count Emissions EU”, the forthcoming Commission proposal on a legislative framework for a Union sustainable food system, the Eco-design for Sustainable Products Regulation77 or Regulation (EU) No 1007/2011 of the European Parliament and of the Council78 , those rules should be applied to the explicit environmental claims in question instead of the rules set out in this Directive. _________________ 77 COM(2022) 132 final 78 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 75 #

2023/0085(COD)

Proposal for a directive
Recital 15
(15) In order to ensure that consumers are provided with reliable, comparable and verifiable information which enables them to make more environmentally sustainable decisions and to reduce the risk of ‘greenwashing, it is necessary to establish requirements for substantiation of explicit environmental claims. Such substantiation should take into account robust and independent internationally recognised scientific approaches to identifying and measuring environmental impacts, environmental aspects and environmental performance of products or traders, and it should result in reliable, transparent, comparable and verifiable information to the consumer.
2023/11/14
Committee: ENVIIMCO
Amendment 81 #

2023/0085(COD)

Proposal for a directive
Recital 16
(16) The assessment made to substantiate explicit environmental claims needs to consider the life-cycle of the product or of the overall activities of the trader and should consider multiple environmental impacts and should not omit any relevant environmental aspects or environmental impacts. The benefits claimed should not result in an unjustified transfer of negative impacts to other stages of the life cycle of a product or trader, or to the creation or increase of other negative environmental impacts.
2023/11/14
Committee: ENVIIMCO
Amendment 82 #

2023/0085(COD)

Proposal for a directive
Recital 17
(17) The assessment substantiating the explicit environmental claim should make it possible to identifymonstrate the environmental impacts and environmental aspects for the product or trader that jointly contribute significantly to the overall environmental performance of the product or trader (‘relevant environmental impacts’ and ‘relevant environmental aspects’). Indications for the relevance of the environmental impacts and environmental aspects can stem from assessments taking into account the life-cycle, including from the studies based on Environmental Footprint (EF) methods, provided that these are complete on the impacts relevant to the product category and do not omit any important environmental impacts. For example, in the Commission Recommendation on the use of Environmental Footprint methods79 the most relevant impact categories identified should together contribute to at least 80% of the single overall score. These indications for the relevance of the environmental impacts or environmental aspects can also result from the criteria set in various ecolabels type I, as for instance the EU Ecolabel, or in Union criteria for green public procurement, from requirements set by the Taxonomy Regulation80 , from product specific rules adopted under the Regulation …./…. of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products81 or from other relevant Union rules. _________________ 79 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 471, 30.12.2021, p. 1. 80 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 81 […]
2023/11/14
Committee: ENVIIMCO
Amendment 84 #

2023/0085(COD)

Proposal for a directive
Recital 18
(18) In line with Directive 2005/29/EC as amended by the proposal for a Directive on empowering consumers for the green transition, the trader should not present requirements imposed by law on products within a given product category as a distinctive feature of the trader’s offer or advertise benefits for consumers that are considered as common practice in the relevant market. The information used to substantiate explicit environmental claims should therefore make it possible to identify the product’s or trader’s environmental performance in comparison to the common practice for products in the respective product group, such as food, or in the respective sector. This is necessary to underpin the assessment whether the explicit environmental claims can be made with regard to a given product or trader in line with the function of an environmental claim, which is to demonstrate that a product or trader has a positive impact or no impact on the environment, or that a product or a trader is less damaging to the environment than other products or traders. The common practice could be equivalent to the minimum legal requirements that are applicable to the specific environmental aspect or environmental performance, for example as regards product composition, mandatory recycled content or end-of-life treatment. However, in case majority of products within the product group or majority of traders within the sector perform better than those legal requirements, the minimum legal requirements should not be considered as common practice.
2023/11/14
Committee: ENVIIMCO
Amendment 89 #

2023/0085(COD)

Proposal for a directive
Recital 19
(19) It would be misleading to consumers if an explicit environmental claim pointed to the benefits in terms of environmental impacts or environmental aspects while omitting that the achievement of those benefits leads to negative trade-offs on other environmental impacts or environmental aspects. To this end the information used to substantiate explicit environmental claims should ensure that the interlinkages between the relevant environmental impacts and between environmental aspects and environmental impacts can be identified along with potential trade-offs. The assessment used to substantiate explicit environmental claims should identify ifmonstrate that improvements on environmental impacts or environmental aspects do not lead to the kind of trade-offs that significantly worsen the performance as regards other environmental impacts or environmental aspects, for example if savings in water consumption lead to a notable increase in greenhouse gas emissions, or in the same environmental impact in another life-cycle stage of the product, for example CO2 savings in the stage of manufacturing leading to a notable increase of CO2 emissions in the use phase. For example, a claim on positive impacts from efficient use of resources in intensive agricultural practices may mislead consumers due to trade-offs linked to impacts on biodiversity, ecosystems or animal welfare. An environmental claim on textiles containing plastic polymer from recycled PET bottles may also mislead consumers as to the environmental benefit of that aspect if the use of this recycled polymer competes with the closed-loop recycling system for food contact materials which is considered more beneficial from the perspective of circularity.
2023/11/14
Committee: ENVIIMCO
Amendment 93 #

2023/0085(COD)

Proposal for a directive
Recital 20
(20) In order for the environmental claim to be considered robust, it should reflect as accurately as possible the environmental performance of the specific product or trader. The information used to substantiate explicit environmental claims therefore needs to include primary, company-specific data for relevant aspects contributing significantly to the environmental performance of the product or trader referred to in the claim. It is necessary to strike the right balance between ensuring relevant and robust information for substantiating environmental claims and the efforts needed to gather primary information. The requirement to use primary information should be considered in the light of the influence the trader making the claim has over the respective process and of the availability of primary information. If the process is not run by the trader making the claim and primary information is not available, accurate secondary information should be able to be used even for processes that contribute significantly to the environmental performance of the product or traderbe complemented, where necessary, by additional accurate secondary information. This is especially relevant to not disadvantage SMEs and to keep the efforts needed to acquire primary data at a proportionate level. Moreover, the relevant environmental aspects are different for each type of environmental claim. For instance, for claims on recycled or bio- based content, the composition of the product should be covered by primary data. For claims on being environmentally less polluting in a certain life cycle stage, information on emissions and environmental impacts related to that life cycle stage should include primary data as well. Both primary data and secondary data, i.e. average data, should show a high level of quality and accuracy.
2023/11/14
Committee: ENVIIMCO
Amendment 97 #

2023/0085(COD)

Proposal for a directive
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers, amounting to greenwashing and making them believe that the product or an activity has a reduced or no impact in terms of carbon footprint while this is not the case. This relates notably to environmental claims that products or entities are “climate neutral”, “carbon neutral”, “100% CO2 compensated”, or will be “net-zero” by a given year, or similar. Such statements are often, which try to apply global carbon neutrality at a company or product level, are scientifically invalid when they are based on “offsetting” of greenhouse gas emissions through “carbon credits” generated outside the company’s value chain, for example from forestry or renewable energy projects. The methodologies underpinning offsets vary widely and are not always transparent, accurate, or consistent. This leads to significant risks of overestimations and double counting of avoided or reduced emissions, due to a lack of additionality, permanence, ambitious and dynamic crediting baselines that depart from business as usual, and accurate accounting. These factors result in offset credits of low environmental integrity and credibility that mislead consumers when they are relied upon in explicit environmental claims. Offsetting can deter consumers from more sustainable products and traders, and can also deter traders from emissions reductions in their own operations and value chains. In order to adequately contribute to global climate change mitigation targets, traders should prioritiseimplement effective reductions of emissions across their own operations and value chains instead of relying on offsetsting. Any resulting residual emissions will vary by sector-specific pathway in line with the global climate targets and will have to be addressed through removals enhancemenhigh- durability carbon removals projects. WThen offsets are used nonetheless, it is deemed appropriate to addressrefore, the substantiation of climate- related claims, including claims on future environmental performance, based on offsets in a transparent manner. Therefore, the substantiation of climate-related claims should consider any greenhouse gas emissions offsets used by the traders separately from the trader’s or the product’s greenhouse gas emiss should relate solely to the life-cycle emissions, and not rely on carbon credits or other contributions to activities outside the product or trader value chain as an ‘offset’ for, or to compensate for, any greenhouse gas emissions or other environmental impact. Substantiation should also not rely on ‘offsetting’ emissions from inside the value chain (so-called ‘insetting’). Substantiation should consider any carbon credits or other contributions used by the traders separately as additional informations. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsetwhether carbon credits or other contributions relate to emission or impact reductions or removals enhancementprojects, and the methodology applied. The claimate-related claims that include the use of offses that relate to carbon credits or other contributions to climate or environmental projects have to be substantiated by methodologies that ensure the integrity and correct accounting of these offsetcontributions and thus reflect coherently and transparently the resulting impact on the climate.
2023/11/14
Committee: ENVIIMCO
Amendment 100 #

2023/0085(COD)

Proposal for a directive
Recital 22
(22) Traders are more and more interested in making environmental claims related to future environmental performance of a product or trader, including by joining initiatives that are promoting practices which could be conducive to a reduced environmental impact or to more circularity. These claims should be substantiated in line with the rules applicable to all explicitIn order to facilitate consumers’ choices of more sustainable products and to incentivise efforts of traders to lower their environmental impacts, when the claim communicated relates to future environmental performance, it should as a priority be based on improvements, for example deep internal decarbonisation, inside a trader’s own operations and value chains rather than relying on the offsetting of greenhouse gas emissions or other environmental impacts. It is also required to indicate a baseline year for targets and allow for appropriate monitoring through concrete, realistic, implementable and public milestones so that consumers, stakeholders, and the trader itself, can monitor whether they are on track and what are the challenges. It is also essential that the trader considers collateral effects when evaluating how to reach a target, so that there is no unjustified transfer of environmental claimimpacts.
2023/11/14
Committee: ENVIIMCO
Amendment 102 #

2023/0085(COD)

Proposal for a directive
Recital 23
(23) The information used to substantiate explicit environmental claims should be science based, and any lack of consideration of certain environmental impacts or environmental aspects should be carefully considered. The methodology needs to be accessible to any third party in order to ensure transparency and integrity of assessments.
2023/11/14
Committee: ENVIIMCO
Amendment 105 #

2023/0085(COD)

Proposal for a directive
Recital 26
(26) Furthermore, there is not yet a reliable methodology for the assessment of life-cycle environmental impacts related to the release of microplastics. However, in case such release contributes to significant environmental impacts that are not subject to a claim, the trader making the claim on another aspect should not be allowed to ignore it, but should tmake into account available information and update the assessment once widely recognised scientific evidencthe claim only once widely recognised scientific evidence that meet the requirements of this Directive becomes available.
2023/11/14
Committee: ENVIIMCO
Amendment 107 #

2023/0085(COD)

Proposal for a directive
Recital 26 a (new)
(26 a) Widely recognised scientific evidence indicates that the assessment of a claim should be based on methodologies, approaches or studies that have been developed in line with best practices in terms of transparency and independently peer reviewed by the scientific community, published in scientific journals.
2023/11/14
Committee: ENVIIMCO
Amendment 111 #

2023/0085(COD)

Proposal for a directive
Recital 30
(30) While unfair commercial practices, including misleading environmental claims, are prohibited for all traders pursuant to Directive 2005/29/EC84 , an administrative burden linked to substantiation and verification of environmental claims on the smallest companies could be disproportionate and should be avoided. To this end, microenterprises should be exempted from the requirements on substantiation of Article 3 and 4 unless these enterprises wish to obtain a certificate of conformity of explicit environmental claims that will be recognised by the competent authorities across the Union. _________________ 84 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) as amended.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 120 #

2023/0085(COD)

(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission mayshould adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsets, “climate neutrality” or similar, recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it may be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets.
2023/11/14
Committee: ENVIIMCO
Amendment 130 #

2023/0085(COD)

Proposal for a directive
Recital 32 a (new)
(32 a) In order to ensure the integrity, impartiality and high quality of substantiation of environmental claims, and to ensure that the substantiation rules result in a higher understanding of environmental impacts by consumers, it is important that the requirements for substantiation are drafted with the active participation of a balanced set of stakeholders, especially including consumer organisations, environmental non-governmental organisations, operators of labelling schemes and competent bodies, in addition to the industry, including SMEs and craft industry, trade unions, traders, retailers, importers. For this purpose, the Commission should establish a consultation forum whose role will be to provide opinions on whether existing rules and methods are fit for substantiating specific environmental claims, and provide recommendations on the revision or the development of new delegated acts. The forum should also be actively involved in the drafting of such acts, including those addressing the Environmental Footprint method and related category rules.
2023/11/14
Committee: ENVIIMCO
Amendment 132 #

2023/0085(COD)

Proposal for a directive
Recital 34
(34) Where the explicit environmental claim concerns a final product and relevant environmental impacts or environmental aspects of such product occur at the use phase or at the end of life and consumers can influence such environmental impacts or environmental aspects via appropriate behaviour, such as, for example, correct waste sorting or impacts of use patterns on product’s longevity, the claim should also include information explaining to consumers how their behaviour can positively contribute to the protection of the environment.
2023/11/14
Committee: ENVIIMCO
Amendment 133 #

2023/0085(COD)

Proposal for a directive
Recital 35
(35) In order to facilitate consumers’ choices of more sustainable products and to incentivise efforts of traders to lower their environmental impacts, when the claim communicated relates to future environmental performance, it should as a priority be based on improvements inside trader’s own operations and value chains rather than relying on offsetting of greenhouse has emissions or other environmental impacts.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 137 #

2023/0085(COD)

Proposal for a directive
Recital 37
(37) In order to avoid potential disproportionate impacts on the microenterprises, the smallest companies should be exempted from the requirements of Article 5 linked to information on the substantiation of explicit environmental claims unless these enterprises wish to obtain a certificate of conformity of explicit environmental claim that will be recognised by the competent authorities across the Union.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 142 #

2023/0085(COD)

Proposal for a directive
Recital 41
(41) The environmental labels often aim at providing consumers with an aggregated scoring presenting a cumulative environmental impact of products or traders to allow for direct comparisons between products or traders. Such aggregated scoring however presents risks of misleading consumers as the aggregated indicator may dilute negative environmental impacts of certain aspects of the product with more positive environmental impacts of other aspects of the product. In addition, when developed by different operators, such labels usually differ in terms of specific methodology underlying the aggregated score such as the environmental impacts considered or the weighting attributed to these environmental impacts. This may result in the same product receiving different score or rating depending on the scheme. This concern arises in relation to schemes established in the Union and in third countries. This is contributing to the fragmentation of the internal market, risks putting smaller companies at a disadvantage, and is likely to further mislead consumers and undermine their trust in environmental labels. In order to avoid this risk and ensure better harmonisation within the single market, the explicit environmental claims, including environmental labels, based on an aggregated score representing a cumulative environmental impact of products or traders should not be deemed to be sufficiently substantiated, unless those aggregated scores stem from Union rules, includmeet minimum requirements ensuring the drelegated acts that the Commission is empowered to adopt under this Directive, resulting in Union-wide harmonised schemes for all products or per specific product group based on a single methodology to ensure coherence and comparabilityiability of the underlying environmental labelling schemes, with respect to their assessment methodologies and governance.
2023/11/14
Committee: ENVIIMCO
Amendment 146 #

2023/0085(COD)

Proposal for a directive
Recital 44
(44) In order to avoid further proliferation of national or regional officially recognised EN ISO 14024 type I environmental labelling (‘ecolabelling’) schemes, and other environmental labelling schemes, and to ensure more harmonisation in the internal market, new national or regional environmental labelling schemes should be developed only under the Union law. Nevertheless, Member States can request the Commission to consider developing public labelling schemes at the Union level for product groups or sectors where such labels do not yet exist in Union law and where harmonisation would bring added value to achieve the sustainability and internal market objectives in an efficient manner.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 157 #

2023/0085(COD)

Proposal for a directive
Recital 49
(49) It is essential that explicit environmental claims reflect correctly the environmental performance and environmental impacts covered by the claim, and consider the latest scientific evidence. Member States should therefore ensure that the trader making the claim reviews and updates the substantiation and communication of the claims at least every 53 years to ensure compliance with the requirements of this Directive
2023/11/14
Committee: ENVIIMCO
Amendment 160 #

2023/0085(COD)

Proposal for a directive
Recital 52
(52) In order to provide traders with legal certainty across the internal market as regards compliance of the explicit environmental claims with the requirements of this Directive, the certificate of conformity should be recognised by the competent authorities across the Union. Microenterprises should be allowed to request such certificate if they wish to certify their claims in line with the requirements of this Directive and benefit from the certificate’s recognition across the Union. The certificate of conformity should however not prejudge the assessment of the environmental claim by the public authorities or courts which enforce Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 164 #

2023/0085(COD)

Proposal for a directive
Recital 54
(54) SMicro, small and medium-sized enterprises (SMEs) should be able to benefit from the opportunities provided by the market for more sustainable products but they could face proportionately higher costs and difficulties with some of the requirements on substantiation and verification of explicit environmental claims. The Member States should provide adequate information and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs wishing to make explicit environmental claims on their products or as regards their activities. Member States actions should be taken in respect of applicable State aid rules. In addition, and to ensure micro, small and medium-sized enterprises do not face disproportionately higher costs and difficulties with respect to the requirements of this Directive, Member States should establish solidarity mechanisms through which large enterprises support micro, small and medium-sized enterprises financially where they wish to make explicit environmental claims with regard to their products or activities.
2023/11/14
Committee: ENVIIMCO
Amendment 171 #

2023/0085(COD)

Proposal for a directive
Recital 56
(56) In order to ensure that the objectives of this Directive are achieved and the requirements are enforced effectively, Member States should designate their own competent authorities responsible for the application and enforcement of this Directive. However, in view of the close complementarity of Articles 5 and 6 of this Directive with the provisions of Directive 2005/29/EC, Member States should also be allowed to designate for their enforcement the same competent authorities as those responsible for the enforcement of Directive 2005/29/EC. For the sake of consistency, when Member States make that choice, they should be able to rely on the means and powers of enforcement that they have established in accordance with Article 11 of Directive 2005/29/EC, in derogation from to complement the rules on enforcement laid down in this Directive. In cases where there is more than one designated competent authority in their territory and to ensure effective exercise of the duties of the competent authorities, Member State should ensure a close cooperation between all designated competent authorities.
2023/11/14
Committee: ENVIIMCO
Amendment 179 #

2023/0085(COD)

Proposal for a directive
Recital 68
(68) The use of the most harmful substances should ultimately be phased-out in the Union to avoid and prevent significant harm to human health and the environment, in particular their use in consumer products. Regulation (EC) 1272/2008 of the European Parliament and of the Council90 prohibits the labelling of mixtures and substances that contain hazardous chemicals as ‘non- toxic’, ‘non-harmful’, ‘non-polluting’, ‘ecological’ or any other statements indicating that the substance or mixture is not hazardous or statements that are inconsistent with the classification of thatas committed in the Chemicals Strategy for Sustainability. For products containing such substances, environmental claims should not be made. Where the use of a substance for mixture. Member States are required to ensure that such obligation is fulfilled. As committed in the Chemicals Strategy for Sustainability the Commission will define criteria for essential uses to guide its application across relevant Union legislation. . _________________ 90 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging ofthat product has been proven to be essential for society, the product containing the substance may be eligible for environmental claims during the transition to safe and substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)inable alternatives in line with the criteria developed by the Commission.
2023/11/14
Committee: ENVIIMCO
Amendment 182 #

2023/0085(COD)

Proposal for a directive
Article 1 – title
Subject Matter and scope
2023/11/14
Committee: ENVIIMCO
Amendment 183 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph -1 (new)
-1. The purpose of this Directive is to provide for a high level of consumer and environmental protection, aiming for sustainable production and consumption within planetary boundaries, while contributing to the proper functioning of the internal market, by approximating the laws, regulations and administrative provisions of the Member States related to environmental claims made on or with reference to products made available on the market or to traders making available products on the market.
2023/11/14
Committee: ENVIIMCO
Amendment 193 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims regulated by or, substantiated byand verified pursuant to at least as strict rules established in:
2023/11/14
Committee: ENVIIMCO
Amendment 219 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point p
(p) other existing or future Union rules setting out the conditions under which certain explicit environmental claims about certain products or traders may be or are to be made or Union rules laying down requirements on the assessment or communication of environmental impacts, environmental aspects or environmental performance of certain products or traders or conditions for environmental labelling schemes.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 225 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. By way of derogation from the second paragraph of this article, this Directive continues to apply if the legislation listed in points (a) to (o) of paragraph 2 does not provide an equivalent level of protection with respect to the substantiation, communication, verification and enforcement of this Directive. Within one year after entry into force of this Directive the Commission shall adopt a delegated act in accordance with Article 18 establishing a list of environmental claims which are either fully excluded from the scope or for which only specific articles will apply. The list should be updated as needed, when new legislation is adopted or when Union law referred to in paragraph 2 is revised.
2023/11/14
Committee: ENVIIMCO
Amendment 254 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8
(8) ‘environmental label’ means a sustainability label covering onlye or predominantlymore environmental aspects of a product, a process or a trader;
2023/11/14
Committee: ENVIIMCO
Amendment 257 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12
(12) ‘value chain’ means all activities and processes that are part of the life cycle of a product or activity of a trader, including remanufacturing, reuse, recycling and end-of-life;
2023/11/14
Committee: ENVIIMCO
Amendment 259 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 13
(13) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, consisting of raw material acquisition or generation from natural resources, pre- processing, manufacturing, storage, transport, distribution, installation, use, maintenance, repair, upgrading, refurbishment as well as re-use, and end- of-life;
2023/11/14
Committee: ENVIIMCO
Amendment 276 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims taking into consideration the form in which they will be displayed. This assessment shall:
2023/11/14
Committee: ENVIIMCO
Amendment 279 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a
(a) specify if the claim is related to the whole product, part of a product or certain aspects of a product, or part of the life- cycle of a product, or to all activities of a trader or a certain part or aspect of these activities, as relevant to the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 287 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) rely on robust, widely recognised, verifiable and independent scientific evidence, use accurate and complete information and take into account relevant international standarupdated scientific findings and methods;
2023/11/14
Committee: ENVIIMCO
Amendment 300 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life- cycle perspective, and, for claims about a trader, consider the overall activities of the trader ;
2023/11/14
Committee: ENVIIMCO
Amendment 309 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, take into account all environmental aspects or environmental impacts that are subject to the claim which are significant to assessing the environmental performance, including environmental aspects or environmental impacts which are not addressed, or only to a limited extent, by life cycle assessment methods. At least the environmental impacts on climate change, resource consumption and circular economy, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems shall be considered;
2023/11/14
Committee: ENVIIMCO
Amendment 334 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) identify whethermonstrate that improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significantdoes not lead to harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems;
2023/11/14
Committee: ENVIIMCO
Amendment 339 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(g a) not rely on any offsetting schemes, including ‘insetting’, to demonstrate the environmental impacts and performance of a product, aspects of a product, or of trader’s activities, or as an instrument to achieve the future environmental performance of a product, aspects of a product, or trader’s activities;
2023/11/14
Committee: ENVIIMCO
Amendment 342 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) separate any greenhousbe transparent in the gas (h) emissions offsets used from greenhouse gas emissions as additionalsessment of environmental impacts and environmental inperformation, specify whether those offsets relate to emission reductions or removals, and describe how the offsets relied upon are of hince of products and traders’ activities, without hiding the real impacts or inducing that those are reduced or compensated through fintegrity and acancial counted for correctly to reflect the claimed impact on climateribution to external projects;
2023/11/14
Committee: ENVIIMCO
Amendment 354 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point i
(i) include primary information available to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 363 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j
(j) include relevant additional secondary information for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available.;
2023/11/14
Committee: ENVIIMCO
Amendment 371 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
(j a) ensure that the methodology used to substantiate the claim is accessible to any third party.
2023/11/14
Committee: ENVIIMCO
Amendment 377 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC110 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 110 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 386 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 a (new)
3 a. Where the products contain substances meeting the criteria for the following hazard classes laid down in Annex I of Regulation (EC) 1272/2008, whether on their own, in mixtures or in an article, such products are not eligible for environmental claims, except where the use of the substance in that product is proven essential for the society in line with criteria developed by the Commission: (a) Carcinogenicity category 1A and 1B; (b) Germ cell mutagenicity category 1A and 1B; (c) Reproductive toxicity category 1A and 1B; (d) Endocrine disruptors category 1; (e) Persistent, bioaccumulative and toxic; (f) Very persistent, very bioaccumulative; (g) Persistent, mobile and toxic; (h) Very persistent, very mobile; (i) Respiratory sensitisation; (j) Specific target organ toxicity category 1.
2023/11/14
Committee: ENVIIMCO
Amendment 389 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 b (new)
3 b. The Commission shall adopt, without undue delay and in consultation with the forum established in accordance with Article 18a, delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 based on existing Product Environmental Footprint Category Rules and Organisation Environmental Footprint Sectorial Rules where those Rules have been found to cover all environmental impacts or aspects relevant for a product category
2023/11/14
Committee: ENVIIMCO
Amendment 393 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – introductory part
4. When the regular monitoring of the evolution of environmental claims referred to in Article 20 reveals differences in the application of the requirements laid down in paragraph 1 for specific claims and such differences create obstacles for the functioning of the internal market, or where the Commission identifies that the absence of requirements for specific claims leads to widespread misleading of consumers, the Commission mayshall adopt delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 by:
2023/11/14
Committee: ENVIIMCO
Amendment 394 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – point -a (new)
(-a) determining the relevant environmental impacts that shall be covered by the substantiation; they can be the environmental impact categories covered by the Environmental Footprint methods, durability, reusability, reparability, recyclability, recycled content, use of natural content, including fibers, environmental performance or sustainability, bio-based elements, biodegradability, biodiversity, waste prevention and reduction
2023/11/14
Committee: ENVIIMCO
Amendment 396 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – point b
(b) determining for which environmental aspects or environmental impacts primary information shall be provided and determining criteria based on which the accuracy of the primary information and secondary information can be assessed; or
2023/11/14
Committee: ENVIIMCO
Amendment 407 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 – point c a (new)
(c a) existing Product Environmental Footprint Category Rules and Organisation Environmental Footprint Sectorial Rules and the need to adapt them to the requirements referred to in this Directive;
2023/11/14
Committee: ENVIIMCO
Amendment 408 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 – point d
(d) ease of access to information and data for the assessment and use of this information and data by micro and small and medium-sized enterprises (‘SMEs’).
2023/11/14
Committee: ENVIIMCO
Amendment 412 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 a (new)
5 a. Where there is no recognised scientific method or insufficient evidence to assess environmental impacts and aspects, the exclusion of these impacts shall be transparent and efforts shall be made to develop methods and accumulate evidence to enable the assessment of the respective impact. Until the method meeting the requirements set out in the first paragraph is developed, the claims referring to such environmental impacts shall not be made.
2023/11/14
Committee: ENVIIMCO
Amendment 414 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 b (new)
5 b. Within one year after entry into force of this Directive, the Commission shall present a working plan, covering a period of at least 3 years, with a prioritisation of specific claims for which the absence of clear requirements for their substantiation and communication might lead to misleading claims and necessitates the development of further requirements through delegated acts, in accordance with Article 18 and 18a (‘Consultation forum’). The work plan shall be revised and updated on a regular basis and at least every three years to take account of the regular monitoring of environmental claims referred to in Article 20. The first working plan shall be complemented by an assessment of the compliance and equivalence of environmental labelling schemes and explicit environmental claims referred to in Article 1(2) with obligations established under this Directive. To this end, the Commission shall, by two years after entry into force of this Directive, submit a report to the European Parliament and to the Council, if appropriate, accompanied by legislative proposals.
2023/11/14
Committee: ENVIIMCO
Amendment 434 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC111 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 111 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 439 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that a trader, including online marketplaces, is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article.
2023/11/14
Committee: ENVIIMCO
Amendment 443 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2 a. The requirements set out in paragraph 2 shall not apply to explicit environment claims based on specific requirements from a national or regional environmental label officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, which have been verified and obtained a certificate of conformity according to Article 10(2). Such claims can be communicated without needing to be subject to additional verification in accordance with Article 10(1).
2023/11/14
Committee: ENVIIMCO
Amendment 444 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Where the explicit environmental claim is related to a final product, and the use or end-of-life phase is among the most relevant life- cycle stages of that product, the claim shall include information on how the consumer should use the productor dispose of the product at the end-of-life in order to achieve the expected environmental performance of that product. That information shall be made clearly visible and available together with the claim.
2023/11/14
Committee: ENVIIMCO
Amendment 447 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Where the explicit environmental claim is related to future environmental performance of a product or trader it shall include a time-bound commitment for improvements inside own operations and value chains. comply with the following requirements: (a) The claim shall be based on clear, objective, science-based, publicly available, verifiable and measurable commitments backed by the highest management level of the trader making the claim; (b) The claim shall be accompanied by detailed, realistic and publicly available implementation plan that include interim and time-bound targets to be achieved based on existing and technically viable technologies and appropriate budget allocation; (c) The claim shall include publicly available annual reporting on the achievement of the targets, including on non-achieved commitments; (d) Environmental claims communicating an improvement of the product’s or trader’s environmental performance on individual relevant environmental aspects shall include the reference year and the indicators reflecting performance in the baseline year and the year linked to the improvement set out in the claim; (e) The claims shall not include actions or targets already achieved; (f) The substantiation of environmental claims communicating improvement of the product’s or trader’s performance regarding specific environmental impacts shall explain how the improvement communicated affects other relevant environmental impacts for the product or the trader; (g) The implementation plan referred to in point (b) shall be regularly verified by an independent third-party expert, whose findings shall be made publicly available.
2023/11/14
Committee: ENVIIMCO
Amendment 460 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Explicit environmental claims on the cumulative environmental impacts of a product or trader based on an aggregated indicator of environmental impacts can be made only owhen the basis of rules to calculate such aggregated indicator that are established in the Union lawy are based on environmental labels complying with Article 7.
2023/11/14
Committee: ENVIIMCO
Amendment 461 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5 a (new)
5 a. Explicit environmental claims that are based on greenhouse gas emissions offsetting, and inducing that a product or a trader’s activity has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions shall be prohibited.
2023/11/14
Committee: ENVIIMCO
Amendment 463 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5 b (new)
5 b. For environmental labels based on different levels of performance, the available performance classes shall be clearly provided in the same visual representation together with the level that the product, process or business has been awarded. Further information on the definition of classes shall be provided in accordance with paragraph 6.
2023/11/14
Committee: ENVIIMCO
Amendment 464 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5 c (new)
5 c. Explicit environmental claims by highly polluting industries shall be accompanied by clear and prominent information to the consumer specifying that the industry and its products have an overall negative impact on the environment.
2023/11/14
Committee: ENVIIMCO
Amendment 480 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ; _________________ 112 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).;
2023/11/14
Committee: ENVIIMCO
Amendment 487 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsets, information to which extent they rely on offsets and whether these relate to emissions reductions or removals;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 500 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 7
7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 506 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 8
8. Where the substantiation of certain environmental impacts, environmental aspects or environmental performance is subject to the rules established in delegated acts referred to in Article 3, paragraph 4(a) and paragraph 4(c), the Commission mayThe Commission shall adopt delegated acts in accordance with Article 18 to supplement the requirements for communication of explicit environmental claims set out in Article 5 by specifying further the information that can be or shall be communicated regarding such environmental impacts, environmental aspects or environmental performance, so as to make sure that the consumers are not misled.
2023/11/14
Committee: ENVIIMCO
Amendment 516 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 1 a (new)
1 a. Where a national or regional environmental label officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 demonstrates that its assessment methodology is in accordance with Article 3, and makes use of a lifecycle approach and product specific requirements, assessed by independent laboratories, only the methodology of the label shall be subject to verification according to Article 10(2) and not the requirements and related testing for each individual product or service group covered by the label.
2023/11/14
Committee: ENVIIMCO
Amendment 520 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union lawcomplying with the requirements of the first paragraph and awarded under environmental labelling schemes that are based on scientific, independent and reproducible assessment methods and a lifecycle approach may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader.
2023/11/14
Committee: ENVIIMCO
Amendment 528 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point a a (new)
(a a) the decision-making bodies of the environmental labelling scheme are free of conflicts of interest and are independent from traders using the label and consist of a diverse group of stakeholders, including environmental and consumer organisations;
2023/11/14
Committee: ENVIIMCO
Amendment 533 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point c
(c) the conditions for joining the environmental labelling schemes are proportionate to the size and turnover of the companies in order not to exclude micro, small and medium enterprises, including by setting reasonable and non- discriminatory fees;
2023/11/14
Committee: ENVIIMCO
Amendment 535 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for public and transparent consultation to a heterogeneous group of stakeholders free of conflict of interest and that has reviewed them and ensured their relevance from a societal perspective. The group of stakeholders shall ensure its independence from the environmental labelling scheme owner and shall be composed of representatives from academic institutions, consumer organisations, trade unions and environmental organisations;
2023/11/14
Committee: ENVIIMCO
Amendment 545 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
(f a) the environmental labelling scheme has a robust monitoring and evaluation system in place to regularly assess the performance and impacts of the requirements of the label and, where relevant, update the requirements in order to reflect technical developments and increase the level of environmental ambition.
2023/11/14
Committee: ENVIIMCO
Amendment 551 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 558 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 561 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 4
4. From [OP: Please insert the date = the date of transposition of this Directive] any new environmental labelling schemes established by public authorities of the Member States or in third countries awarding environmental labels to be used on the Union market, shall be subject to approval, without undue delay, by the Commission prior to entering the Union market with the aim of ensuring that these labels provide added value in terms of their environmental ambition including notably their coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. Environmental labelling schemes established by public authorities of the Member State or in third countries prior to that date may continue to award the environmental labels which are to be used on the Union market, provided they meet the requirements of this Directive. National or regional labelling schemes established by public authorities shall be periodically evaluated by the Commission to ensure that they continue to offer added value in terms of their environmental ambition, and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 571 #

2023/0085(COD)

Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approvedre only approved, without undue delay, if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 34, and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 577 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
This procedure for approval of new environmental labelling schemes shall apply to schemes established by private operators in the Union and in third countries.
2023/11/14
Committee: ENVIIMCO
Amendment 579 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 3
Member States shall notify the Commission when new private schemes are approved and submit the documents referred to in paragraph 6 to the Commission. Member States shall evaluate schemes established by private operators periodically to ensure that they continue to offer added value in terms of their environmental ambition, and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 585 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point c
(c) the evidence the scheme will provide added value as set out in in paragraph 4 for environmental labelling schemes established by public authorities of the Member States or in third countries, or in paragraph 5 for environmental labelling schemes established by private operators;
2023/11/14
Committee: ENVIIMCO
Amendment 591 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 7
7. The Commission shall publish and keep-up-to date a list of officially recognisedsearchable list of environmental labels that are allowed to be used on the Union market after [OP: Please insert the date = the date of transposition of this Directive] pursuant to paragraphs 3, 4 and 5, including the information provided in accordance with paragraph 6.
2023/11/14
Committee: ENVIIMCO
Amendment 597 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – introductory part
In order to ensure a uniform application across the Union, the Commission shall adopt implementingby [12 months from the date of entry into force of this Directive] adopt delegated acts to:
2023/11/14
Committee: ENVIIMCO
Amendment 610 #

2023/0085(COD)

Proposal for a directive
Article 9 – paragraph 1
Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 53 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with.
2023/11/14
Committee: ENVIIMCO
Amendment 618 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 627 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. Member States shall ensure that the cost of verification and certification is proportionate to the size and turnover of traders requesting verification and certification with a particular regard to micro, small and medium-sized enterprises.
2023/11/14
Committee: ENVIIMCO
Amendment 656 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 8
8. The certificate of conformity shall not prejudge the assessment and shall not be used as proof of compliance in relation tof the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 666 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 9 a (new)
9 a. Member States may introduce a transitional period of maximum 36 months after the date of entry into force of this Directive during which existing environmental claims, submitted for verification, can still be used.
2023/11/14
Committee: ENVIIMCO
Amendment 680 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point c a (new)
(c a) the verifier shall be critical in the assessment of explicit environmental claim and exercise sceptical attitude towards the claim questioning the underlying assumptions and being alert to conditions which may indicate possible misstatement due to error, negligence or fraud,
2023/11/14
Committee: ENVIIMCO
Amendment 694 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. The Commission shall adopt delegated acts to specify the requirements for verifiers referred to in paragraph 3. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 18.
2023/11/14
Committee: ENVIIMCO
Amendment 698 #

2023/0085(COD)

Proposal for a directive
Article 12 – title
SMicro, small and medium sized enterprises
2023/11/14
Committee: ENVIIMCO
Amendment 709 #

2023/0085(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
Member States shall establish solidarity mechanisms where large enterprises support micro, small and medium sized enterprises to ensure that the financial benefit of obtaining a certificate of conformity for an explicit environmental claim or for obtaining an environmental label is greater than the financial cost of substantiating the claim or obtaining the label.
2023/11/14
Committee: ENVIIMCO
Amendment 712 #

2023/0085(COD)

Proposal for a directive
Article 12 – paragraph 1 b (new)
Further support to micro, small and medium enterprises shall be granted within the framework of the “MFF Single Market Programme” as part of the eligible actions to support the Programme’s objectives referred to in Article 3(2)b of Regulation (EU)2021/690.
2023/11/14
Committee: ENVIIMCO
Amendment 716 #

2023/0085(COD)

Proposal for a directive
Article 13 – paragraph 2
2. For the purpose of the enforcement 2. of Articles 5 and 6, Member States may designate the national authorities or courts responsible for the enforcement of Directive 2005/29/EC. In that case, Member States may derogate from Articles 14 to, without prejudice to Articles 14, 15, 16 and 17 of this Directive and, shall apply the enforcement rules adopted in accordance with Articles 11 to 13 of Directive 2005/29/EC. and ensure consumers harmed by non-compliance with this Directive have access to proportionate and effective remedies in accordance with Article 11a of Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 722 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Competent authorities of the Member States designated in accordance with Article 13 shall undertake regularannual and comprehensive checks of the explicit environmental claims made and the environmental labelling schemes applied, on the Union market. The reports detailing the result of those checks shall be made available to the public online.
2023/11/14
Committee: ENVIIMCO
Amendment 731 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 3 a (new)
3 a. Where the competent authorities of a Member State detect that verifiers have repeatedly issued certificates of conformity for explicit environmental claims that do not comply with the requirements laid down in this Directive, the verifier's accreditation shall be withdrawn without undue delay.
2023/11/14
Committee: ENVIIMCO
Amendment 734 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Natural or legal persons or organisations regarded under Union or national law as having a legitimate interest shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that a tradthat a one or more traders or a verifier is failing to comply with the provisions of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 738 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Competent authorities shall assess, without undue delay, impartially and diligently, the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the ptraderson or organisaverifiers in question, with a view to verify those complaintsdetect potential breaches of the provisions of this Directive. If confirmed, the competent authorities shall take the necessary actions in accordance with Article 15.
2023/11/14
Committee: ENVIIMCO
Amendment 741 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Competent authorities shall, as soon as possible and in any case within 30 days from receiving the substantiated concern and in accordance with the relevant provisions of national law, inform the person or organisation referred to in paragraph 1 that submitted the complaint of its decision to accede to or refuse the request for action put forward in the complaint and shall provide the reasons for it and a description of the further steps and measures it will take. Competent authorities shall allow for additional information to be provided by the person who has submitted the concern.
2023/11/14
Committee: ENVIIMCO
Amendment 784 #

2023/0085(COD)

Proposal for a directive
Article 18 a (new)
Article18a Consultation Forum 1. The Commission shall establish an expert group, referred to as the consultation forum (the ’forum’) consisting of a balanced participation of Member States representatives and all interested parties involved in the substantiation of explicit environmental claims and environmental labelling schemes, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. The forum shall contribute to the development of requirements for the substantiation of explicit environmental claims and environmental labelling schemes. 2. The Commission shall consult the forum in the process of evaluating and updating requirements for the substantiation and communication of environmental claims in accordance with Article 3(4) and 5(8) of this Directive, including when specifying requirements under a delegated act. The forum shall in particular contribute to the preparation of requirements for assessment methods used to substantiate claims and rules for their communication, as well as to the evaluation of the effectiveness of the existing requirements, to ensure the reliability of green claims. 3. The forum shall also provide recommendations on the revision of the Working Plan as referred in Article 3(5b) of this Directive, as well as the revision of Union law referred to in Article 3(5b).
2023/11/14
Committee: ENVIIMCO
Amendment 790 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 2 – point e a (new)
(e a) unlocking opportunities for the circular and green economy. To this end, the report shall assess the appropriateness and feasibility of making the use of Environmental Footprint methods mandatory.
2023/11/14
Committee: ENVIIMCO
Amendment 815 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2418 months after the date of entry into force of this Directive].
2023/11/14
Committee: ENVIIMCO
Amendment 328 #

2023/0077(COD)

Proposal for a regulation
Recital 43 a (new)
(43a) Electricity should be considered as an essential service, a Common that no one should be deprived of to live with dignity. A basic amount of energy, allowing the basic needs of households linked to health and dignity should be considered as a right and must be allowed freely or through an affordable price. This amount should guarantee adequate warmth, cooling, lighting, and energy to power appliances, that are essential services that underpin a decent standard of living and health1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32 020H1563 Commission Recommendation EU 2020/1563 of 14/10/2020 on energy poverty
2023/05/25
Committee: ITRE
Amendment 347 #

2023/0077(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) Electricity disconnections should be banned all year long, to protect households' dignity and take into account future heat waves or meteorologic events. It should also be banned and for all types of customers, not only the “vulnerables”, as not being able to pay an energy bill should be a vulnerability criterion in itself. A consumer who is in default of payment and whose energy is cut off is not a bad payer but is a vulnerable consumer who, before being cut off, has reduced his budget for food, leisure or health.
2023/05/25
Committee: ITRE
Amendment 348 #
2023/05/25
Committee: ITRE
Amendment 1083 #

2023/0077(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
2023/05/25
Committee: ITRE
Amendment 30 #

2022/2195(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas under the Criminal Code of Uzbekistan, consensual same-sex conduct between men is a criminal offense punishable by up to three years in prison; whereas this law not only violates the human rights of gay and bisexual men, but also has a harmful impact on the broader LGBTIQ community, making it challenging for them to live their lives freely and openly; whereas the criminalisation of same-sex relations between men in Uzbekistan creates a hostile and discriminatory environment, further marginalising LGBTIQ people and hindering their ability to access basic rights and services;
2023/04/26
Committee: AFET
Amendment 164 #

2022/2195(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Condemns, in the strongest possible terms, that consensual same-sex sexual relations between men remain criminalised and is deeply worried about the prevalence of intimidation, harassment, violence and stigma against LGBTIQ people in the country; urges the authorities of Uzbekistan to decriminalise same-sex sexual conduct by repealing article 120 of the criminal code, in line with the ICCPR, to exclude any provisions criminalising same-sex conduct from its new criminal code and to adopt a comprehensive anti-discrimination law that includes sexual orientation and gender identity as protected grounds;
2023/04/26
Committee: AFET
Amendment 1 #

2022/2060(INI)

Draft opinion
Paragraph -1 (new)
-1. Believes that the EU competition policy has an important role – especially at times of uncertainty and digital transformation – in ensuring effective competition to encourage innovation, setting fair economic conditions, as well as driving innovation that develops new technologies which can help us do more, with less harm to the environment, and giving the industry a powerful incentive to use our planet’s scarce resources efficiently and provide greater choice for the consumer;
2022/12/14
Committee: IMCO
Amendment 2 #

2022/2060(INI)

Draft opinion
Paragraph -1 a (new)
-1 a. Underlines that full coherence between the Union’s policy goals in the framework of the Green Deal, the Paris Agreement and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary; stresses that the application of EU competition law should address all market distortions, including those created by negative social and environmental externalities;
2022/12/14
Committee: IMCO
Amendment 7 #

2022/2060(INI)

Draft opinion
Paragraph 1
1. Recalls that competition is key to a well-functioning single market and economy and creates incentives for variety in products, lower prices, higher standards, innovation and better services for the consumer; reaffirms furthermore that SMEs would benefit from a stricter application of EU competition rules;
2022/12/14
Committee: IMCO
Amendment 10 #

2022/2060(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Recalls that consumer welfare is and remains an essential aspect of competition policy and prevention of consumer harm must remain an essential aspect of competition policy; stresses in this perspective that consumers’ interests go beyond low prices only and include other aspects such as quality, sustainability, fundamental rights protection, power imbalances towards citizens, environmental protection, innovation, ethics and fair-trade aspects; adds that a focus on lowest-possible consumer prices only ignores the negative externalities associated with certain types of production;
2022/12/14
Committee: IMCO
Amendment 13 #

2022/2060(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Stresses that EU competition rules should contribute to the Union’s objectives, as defined in Article 3 TEU; considers that competition rules should not hamper, but contribute to sustainability goals;
2022/12/14
Committee: IMCO
Amendment 18 #

2022/2060(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines that State aid frameworks to respond to the COVID-19 crisis and Russia’s war of aggression against Ukraine should remain temporary; adds that the phasing-out of those specific measures in times of crisis should take into account their social impact, including on employment; believes that the challenges arising from these crises should be duly taken into account in a broad reflection on an intelligent industrial policy that can help reallocate resources to certain key sectors in a way that does not distort competition between firms and can also help to lay the ground for a resilient and sustainable economy in the long term;
2022/12/14
Committee: IMCO
Amendment 23 #

2022/2060(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Notes that mobilising investments at the scale needed to meet the 2030 emissions reduction targets will require in certain appropriate cases the provision of State aid as recognised by the Commission; calls therefore on the Commission to align State aid rules with EU’s efforts towards decarbonisation in particular for the energy transition; deplores that, as a general rule, no green conditioning is attached to the approval of State aid;
2022/12/14
Committee: IMCO
Amendment 26 #

2022/2060(INI)

Draft opinion
Paragraph 3
3. AWelcomes the recent adoption of the Digital Markets Acts and the Digital Services Act as essential steps towards a harmonised, fair and competitive digital single market; asks the Commission to ensure that the Digital Markets Act (DMA)1 and the Digital Services Act (DSA)2 are fully enforced and that sufficient Commission staff and resources are assigned for this task; asks the Member States, furthermore, to second additional staff and national experts to the Commission for this task; _________________ 1 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1). 2 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
2022/12/14
Committee: IMCO
Amendment 40 #

2022/2060(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Reiterates its call to the Commission to continue actively monitoring and removing unjustified geo- blocking and other restrictions on cross- border online sales, having at core a pro- consumer approach to allow them access to a greater choice of products and services across the EU;
2022/12/14
Committee: IMCO
Amendment 46 #

2022/2060(INI)

Draft opinion
Paragraph 6
6. Notes that competition is global by nature; encourages the Commission, therefore, to use all tools provided for in the Union’s trade agreements and the Union’s Customs Code4 to counter unfair commercial trading practices and competition, including by addressing environmental and social dumping, from non-EU companies which could affect the single market; asks the Commission to look into international agreements and State aid rules in order to seek suitable solutions; _________________ 4 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
2022/12/14
Committee: IMCO
Amendment 47 #

2022/2060(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Regrets that the Commission continues to negotiate free trade agreements (FTA) without ensuring that these agreements are in line with the Green Deal objectives; calls on the Commission to pay greater attention to the impact of FTAs on SMEs and to ensure a level playing field between EU companies and third country companies; urges the Commission to ensure that FTAs do not undermine such level playing field by guaranteeing that equivalent environmental, social and governance standards are applied to goods and services imported into the EU;
2022/12/14
Committee: IMCO
Amendment 51 #

2022/2060(INI)

Draft opinion
Paragraph 7
7. Notes that consumers are facing rising energy prices in general, while the number ofsome energy producers in some markets has collapsedwere unable to honour contracts for delivery; asks the Commission to help ensureboosting the availability of a choice of providers for consumerrenewable energy, including through energy community schemes, to allow for a greater choice of providers for consumers; highlights the need to revise the State aid guidelines on Climate, Energy and Environmental protection in line with the objectives of increasing renewable and energy efficiency investments;
2022/12/14
Committee: IMCO
Amendment 57 #

2022/2060(INI)

Draft opinion
Paragraph 8
8. Observes that the uptake of electric vehicles will lead to higher electricity consumption in the future and new ways of consumers ‘fuelling’ their vehicles; asks the Commission and Member States to ensure interoperability, competition and price transparency between energy providers for electric vehicle charging stations; notes that a lack of competition may lead to consumers paying higher rates than necessary to charge their vehicles;
2022/12/14
Committee: IMCO
Amendment 58 #

2022/2060(INI)

Draft opinion
Paragraph 9
9. Notes the risks of anti-competitive behaviour in the roll-out of artificial intelligence (AI), which could impact the market; observes the need for the Commission to be equipped with the technical and human resources to research and investigate algorithmic collusion and its potential impact on competition; notes at the same time the benefits to consumers of AI solutions, should they reach their pro-competitive potential; calls on the Commission to consider these risks, the likelihood of them materialising and how they can be solved, and include any relevant conclusions in the Union’s competition rules;
2022/12/14
Committee: IMCO
Amendment 60 #

2022/2060(INI)

Draft opinion
Paragraph 9 a (new)
9 a. Underlines that current merger control rules are not fit for dealing with so-called ‘killer acquisitions’ by dominant players; calls for a mandatory opinion of the European Data Protection Board in case of concentrations involving one or more operators in the digital sector on the relevance of datasets for the intended concentration, the personal data the target acquisition processes and the potential impact on the rights to privacy and data protection the intended concentration has;
2022/12/14
Committee: IMCO
Amendment 61 #

2022/2060(INI)

Draft opinion
Paragraph 9 b (new)
9 b. Emphasizes the characteristics of digital markets, such as the role, aggregation and use of data, multi-sided markets, direct and indirect network effects, multihoming, non-monetary switching costs other than pricing, such as the network users have built up, learning costs and users’ platform specific reputation or ratings; underlines that the power that digital players have over consumers, which is driven by the role of data and the role of direct and indirect network effects, is currently not reflected in traditional market definitions, which often focused mainly on pricing and profits, such as the small but significant and non-transitory increase in price (SSNIP) test; welcomes the review of the market definition notice to better assess digital markets and urges the Commission to take the aforementioned factors and non-monetary factors into account, when defining digital markets and positions of power on such markets, such as switching costs other than pricing, and also when assessing market power, such as power over consumers, potential impact on fundamental rights, privacy and data protection and potential impact on society and democracy;
2022/12/14
Committee: IMCO
Amendment 62 #

2022/2060(INI)

Draft opinion
Paragraph 9 c (new)
9 c. Calls for increased scrutiny of the leveraging of dominant positions in digital sectors into other sectors, and on the EU’s strategic autonomy, through the revision of the Merger Regulation1a and application of Services of General Economic Interest (SGEI) rules; _________________ 1a Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
2022/12/14
Committee: IMCO
Amendment 63 #

2022/2060(INI)

9 d. Stresses the importance of helping consumers and users gain greater control over the use of their data and calls for a high level of protection of personal data;
2022/12/14
Committee: IMCO
Amendment 64 #

2022/2060(INI)

Draft opinion
Paragraph 9 e (new)
9 e. Emphasizes that the lack of GDPR1a enforcement in Ireland has a significant anticompetitive effect; _________________ 1a 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2022/12/14
Committee: IMCO
Amendment 65 #

2022/2060(INI)

Draft opinion
Paragraph 10
10. Recalls that services represent the largest economic sector in the European Union and have still not yet reached their competitive potential and the level of the single market for goods; believes that the work to remove remaining obstacles should be accelerated and a single market for services fully established;deleted
2022/12/14
Committee: IMCO
Amendment 69 #

2022/2060(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Underlines that services of general economic interest (SGEI) should be subject to specific rules to protect citizens’ access to basic public services; recalls the need for better targeted State aid especially for SGEI, including energy, transport, telecommunication, health and housing;
2022/12/14
Committee: IMCO
Amendment 71 #

2022/2060(INI)

Draft opinion
Paragraph 10 b (new)
10 b. Calls on the Commission to follow- up swiftly the recent publication of the Staff Working Document that summarizes the evaluation of the SGEI Rules with a proposal for the revision of the SGEI Rules; urges the Commission to take into account the general public interests of affordable housing and sustainable urban development in the revision of SGEI- and State Aid rules, so as to allow national, regional and local authorities to support housing for all groups whose needs for decent and affordable housing cannot be easily met under market conditions; recalls that Parliament called on the Commission to adapt the target group definition of social housing in its resolution of 21 January 2021 on access to decent and affordable housing for all (2019/2187(INI)); recalls that a similar point of view is expressed by key stakeholders in the Staff Working Document; highlights that house prices are up by 9.3% in the euro area and by 9.9% in the European Union in the second quarter of 2022, compared with the same quarter of 2021;
2022/12/14
Committee: IMCO
Amendment 1 #

2022/2046(INI)

Draft report
Recital C a (new)
Ca. whereas there are currently 96.5 million people in the EU at risk of poverty and social exclusion, which represents 21.9 % of the population. whereas about 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey; whereas overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty; whereas energy poverty is therefore a major challenge for the Union1; whereas these numbers are certain to increase as a consequence of the war in Ukraine, Russia’s decision not to deliver gas to Poland and Bulgaria, and the impact of the necessary sanctions against the Russian Federation;
2022/09/28
Committee: EMPLBUDG
Amendment 29 #

2022/2046(INI)

Draft report
Paragraph 19 a (new)
19a. Recalls that ESF+ is expected to contribute to the implementation of the EPSR Action Plan and to the relevant country specific recommendations adopted in the framework of the Semester to ensure equal opportunities, equal access to the labour market, fair and quality working conditions, social protection and inclusion; reminds that programs decided and their envelops should be respected and calls for fresh money to fulfil the new tasks stemming from Action Plan; calls therefore for a reinforced ESF+ with significantly increased public support for existing instruments aimed at the poorest in our society, in particular actions aimed at the most deprived (continuation of FEAD);
2022/09/28
Committee: EMPLBUDG
Amendment 46 #

2022/2046(INI)

Draft report
Paragraph 29
29. Stresses that, while crisis response measures are necessary and useful, cohesion policy is not a crisis response tool; is concerned that cohesion policy is increasingly being used to reinforce other policies and to make up for shortcomings in budgetary flexibility or crisis response mechanisms in the MFF; emphasises that cohesion policy is one of the priorities of the Union, has long-term investment objectives linked to the EU’s strategic agenda, in particular the European Green Deal and the Digital Agenda, and should not be used to replenish funding for other policies; calls, therefore, for cohesfunding levels to be readjusted, and in particular for additional funding levels to be preserved in the budgetfor cohesion policy amount to around at least 30% of the investment gap for energy efficiency investments until 2030 for a spending targeted at enhancing energy efficiency of the worst performing residential buildings for upfront investments with a special attention on technical assistance to allow for the bundling of projects to ensure timely and efficient uptake in response to the sharp rise in energy prices putting low income households in a difficult position;
2022/09/28
Committee: EMPLBUDG
Amendment 58 #

2022/2046(INI)

Draft report
Paragraph 43 a (new)
43a. Recalls the successful implementation of the SURE instrument at the outbreak of the COVID-19 pandemic, which helped Member States cover the costs related to the creation or extension of national short-time work schemes; calls on the Commission to re- establish such an instrument in the context of the current social crisis in order to protect people in work and jobs and make it permanent as long as needed in times of crisis.
2022/09/28
Committee: EMPLBUDG
Amendment 7 #

2022/2014(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to European Commission’s Guidance 2021/C 525/01 on the interpretation and application of Directive2011/83/EU of the European Parliament and of the Council on consumer rights
2022/06/27
Committee: IMCO
Amendment 13 #

2022/2014(INI)

Motion for a resolution
Recital A
A. whereas video games are played by all age groups in Europe, in particular minorschildren, 68-79% of whom play them; considering 44% of 9-16year olds play on a daily basis; 1a _________________ 1a EU Kids Online, 2020. https://www.eukidsonline.ch/files/Eu- kids-online-2020-international-report.pdf
2022/06/27
Committee: IMCO
Amendment 29 #

2022/2014(INI)

Motion for a resolution
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; whereas children are increasingly commercially exploited as online game content creators;
2022/06/27
Committee: IMCO
Amendment 36 #

2022/2014(INI)

D. whereas online video games can be played online on many different devices and can be enjoyed using a number of functionalities and tools, such as multiplayer, real-time voice chat systems, online shopping, augmented reality, virtual reality, downloadable content, season passes and loot boxes tohat can enhance the gaming experience for players;
2022/06/27
Committee: IMCO
Amendment 41 #

2022/2014(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the gaming industry has evolved over the past decades from an arcade and boxed revenue model to a now widely employed games-as-a-service, pay- to-win or freemium business model;
2022/06/27
Committee: IMCO
Amendment 43 #

2022/2014(INI)

Motion for a resolution
Recital D b (new)
Db. whereas these business models are based on monetising users through data collection and exposure to advertisements, creating an important incentive to encourage users, including children, to spend as much time as possible on the games;
2022/06/27
Committee: IMCO
Amendment 47 #

2022/2014(INI)

Motion for a resolution
Recital E
E. whereas spending excessive amounts of time playing online video games, exacerbated by manipulative design, can create addictions and lead to ‘gaming disorder’, and can also lead to consumer-protection related issues, in particular with regard to minorschildren;
2022/06/27
Committee: IMCO
Amendment 54 #

2022/2014(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas gamers make in-game purchases in order to, for example, receive cosmetic items or content to give them advantage, to avoid aggressive advertising, to speed up the game or avoid excessive waiting times or ‘grinding’;
2022/06/27
Committee: IMCO
Amendment 63 #

2022/2014(INI)

Motion for a resolution
Recital I
I. whereas industry figures indicate that the time spent playing video games has increased, with Europeans spending on average 9.5 hours a week playing video games in 2020, compared to 8.6 hours in 2019; 8.8 hours in 2018 and 9.2 hours in 20176 ; _________________ 6 https://www.isfe.eu/wp- content/uploads/2021/10/2021-ISFE- EGDF-Key-Facts-European-video-games- sector-FINAL.pdf.
2022/06/27
Committee: IMCO
Amendment 65 #

2022/2014(INI)

Motion for a resolution
Recital J
J. whereas health is a state of complete physical, mental and social well- being and not merely the absence of disease or infirmity and mental health and well- being are interrelated issues that need to be taken into account in all areas such as education, health, employment and social inclusion;
2022/06/27
Committee: IMCO
Amendment 69 #

2022/2014(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas 37% of girl gamers experience harassment as a result of their gender in online multiplayer games
2022/06/27
Committee: IMCO
Amendment 88 #

2022/2014(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the measures taken to better protect consumers; n1. Acknowledges that the EU Consumer law acquis provides for strong consumer protection, fully applicable in video games. Notes, however, the need for a single, coordinated approach between Member States and consumer protection authorities in order to avoid fragmentation of the single market and to protect European consumers in Europe;
2022/06/27
Committee: IMCO
Amendment 96 #

2022/2014(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the fact that, from January 2022, the Directive on the supply of digital content and digital services will apply to video games, including free-to- play games, and thus provide additional protection for consumers; regrets, however, that some Member States have not yet transposed the directive and urges Member States to implement it without delay and to ensure greater consumer protection across the Union; calls on the Commission to closely monitor the transposition process of the directive, to maintain a close dialogue with late member states and to consider launching infringement procedures, where necessary.
2022/06/27
Committee: IMCO
Amendment 99 #

2022/2014(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Welcomes the announcement by the Commission in March 2022 of a ‘Fitness Check’ on existing consumer protection legislation in the EU, to ensure equal fairness online and offline;
2022/06/27
Committee: IMCO
Amendment 103 #

2022/2014(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to usenot be aware of or have difficulty implementing such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control over the amount of time and money children spend on games, among other things;increased awareness-raising and information on how to use parental control tools, whilst respecting the rights and development of children
2022/06/27
Committee: IMCO
Amendment 109 #

2022/2014(INI)

Motion for a resolution
Paragraph 4
4. Points out that sommost online video games offer their users the possibility to pay, sometimes even with real moneyin-game purchases using in-game currencies that can be either purchased with real money or earned in the game, in order to obtain rewarditems through loot boxes; or shopping;
2022/06/27
Committee: IMCO
Amendment 121 #

2022/2014(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that it has not yet been clearly established whether loot boxes may be considered gambling in Europe; notes, however, several reports and studies have shown the harmful effects and exploitative practices of loot boxes, especially forchildren1b notes, ,that several Member States have considered loot boxes to be gambling and have adopted regulatory measures to ban them; calls on the Commission to analyse and determthe way ine whether or not loot boxes can be considered to be a gambling activity and, if so, to take the necessary steps to bring about a common European approach; ich loot boxes are sold, to establish whether an EU-wide ban should be proposed, also to avoid fragmentation of the Single Market; _________________ 1b Insert Coin Report, Norwegian Consumer Council, 2022. https://fil.forbrukerradet.no/wp- content/uploads/2022/05/2022-05-31- insert-coin-publish.pdf
2022/06/27
Committee: IMCO
Amendment 125 #

2022/2014(INI)

Motion for a resolution
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minorsare manipulative and exploitative by design, using aggressive commercial practices that significantly impair the consumer’s freedom of choice and motivating them to make financial decisions that they would not have taken otherwise; notes that such practices are clearly prohibited under Directive (EU) 2019/2161, calls on the Commission and CPC-Net to ensure consumer law is fully respected and enforced;
2022/06/27
Committee: IMCO
Amendment 133 #

2022/2014(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Notes that lack of correlation between the value of in-game currency such as coins, gems or silver to actual money appears to be designed to be misleading to consumers; recalls that such practices are clearly prohibited under Directive (EU) 2019/2161, takes note of the recent dialogue with TikTok increase transparency somewhat in this regard;1c _________________ 1c https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_3823
2022/06/27
Committee: IMCO
Amendment 138 #

2022/2014(INI)

Motion for a resolution
Paragraph 7
7. Stresses that developers of online games that are likely to be accessible to children must take their rights and vulnerabilities into account; stresses that they must meet the highest possible standards by design and by default when it comes to safety, security and privacy;
2022/06/27
Committee: IMCO
Amendment 147 #

2022/2014(INI)

Motion for a resolution
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing, total estimated or average financial or other investment needed to complete the game, and other information that may be considered to be of interest;
2022/06/27
Committee: IMCO
Amendment 152 #

2022/2014(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls for transparency on the algorithms deployed in games, in particular in loot boxes, so that it can be established whether these algorithms are programmed to influence consumer behaviour, stresses that consumers should have a choice to disable these algorithms;
2022/06/27
Committee: IMCO
Amendment 162 #

2022/2014(INI)

Motion for a resolution
Paragraph 9
9. Points out that once an item has been obtained in a video game, it can sometimes be exchanged for actual money; stresses that, above and beyond consumer protection issues, these services have led to money laundering; calls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particular through the implementation of the ‘know your business customer’ obligations;
2022/06/27
Committee: IMCO
Amendment 169 #

2022/2014(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Commission to make a legislative proposal on online video gaming to establish a European regulatory framework with the aim of harmonising rules between Member States and better protecting players, in particular minorschildren;
2022/06/27
Committee: IMCO
Amendment 176 #

2022/2014(INI)

11. Emphasises the importance of mental health, particularly that of minors; stresses that the COVID-19 pandemic exacerbated the situation, causing fear, isolation and a feeling of insecurity; calls for action to be taken by game developers to avoid problems related tonotes that excessive online video gaming can have a negative impact on social relations, work or school drop-out, physical and mental health problems and indebtedness, calls on game developers to avoid manipulative game design which can lead to gaming addiction;
2022/06/27
Committee: IMCO
Amendment 186 #

2022/2014(INI)

Motion for a resolution
Paragraph 12
12. Stresses that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, to name but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescents;deleted
2022/06/27
Committee: IMCO
Amendment 197 #

2022/2014(INI)

Motion for a resolution
Paragraph 13
13. StressNotes that video game addiction, also known asthe World Health Organisation has classified ‘gaming disorder’, i as a problem for some players; notes that thform of addiction; and globally it is estimated that3-4% of gamers suffer from it, 8,5% for children1d; notes that adolescents are Wmorld Health Organisation has classified ‘gaming disorder’ as a form of addiction; e at risk of developing addiction; _________________ 1d Global prevalence of gaming disorder: A systematic review and meta-analysis. https://journals.sagepub.com/doi/pdf/10.1 177/0004867420962851
2022/06/27
Committee: IMCO
Amendment 199 #

2022/2014(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses that loot boxes can be particularly harmful for children, by means of introducing them to mechanisms that can be linked to gambling; notes that after criticism, several game developers have removed loot boxes from their games;
2022/06/27
Committee: IMCO
Amendment 200 #

2022/2014(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Notes that the gaming industry processes behavioural data to infer sensitive and non-sensitive personal data concerning a user's biometrics-based data, age and gender, emotions, skills, interests, consumption habits, and personality traits, from millions of players which maybe used to create extensive user profiles that can be used for manipulative and discriminatory purposes, calls on competent authorities to ensure that relevant EU and national law is rigorously enforced;
2022/06/27
Committee: IMCO
Amendment 201 #

2022/2014(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Notes a lack of EU-wide disaggregated data on average time spent in games, average in-game spending, general gaming experience and consequent socio-psychological effects, calls on the Commission to collect this data on a yearly basis;
2022/06/27
Committee: IMCO
Amendment 202 #

2022/2014(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Welcomes the innovative EU Kids Online research project, which gathers high-quality data from across Europe on children’s perspectives of their online experience; calls for more frequent updates of this world-leading initiative; calls on the European Commission to fund this and similar initiatives in the future;
2022/06/27
Committee: IMCO
Amendment 204 #

2022/2014(INI)

Motion for a resolution
Paragraph 14
14. Recalls that scientific research has shown that puberty and adolescence are periods in life when people are most at risk of addictive behaviour; calls on video game developers and vendors to issue guidance and tools, as well as to work with stakeholders and agencies to help mitigate the risk of ‘gaming disorders’;deleted
2022/06/27
Committee: IMCO
Amendment 210 #

2022/2014(INI)

Motion for a resolution
Paragraph 15
15. Stresses that providers of online video games that are played by children should be required to conduct ex-ante child impact assessments based on the 4Cs framework for classifying risk;deleted
2022/06/27
Committee: IMCO
Amendment 218 #

2022/2014(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Urges the industry, the European Commission and Member States develop an action plan to ensure gender balance in all facets of the online games industry;
2022/06/27
Committee: IMCO
Amendment 221 #

2022/2014(INI)

Motion for a resolution
Paragraph 17
17. Notes that video games can be a useful tool during learning processes and that certain games are specifically designed for educational purposes; points out that video games are also used to develop critical thinking, skills and stimulate creativity;
2022/06/27
Committee: IMCO
Amendment 227 #

2022/2014(INI)

Motion for a resolution
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI); considers that such a rating system can be particularly beneficial in providing information on the recommended minimum age and may protecting minors children from inappropriate game content; welcomes the function which informs consumers if a game includes random pay-to-play features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU lawnotes however that these forms of industry-led initiatives are not sufficient to ensure the highest level of consumer protection and to resolve the consumer law issues created by in game purchases and lootbox mechanisms;
2022/06/27
Committee: IMCO
Amendment 229 #

2022/2014(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. calls on industry to avoid objectification of women and to avoid creating, repeating or exacerbating gender stereotypes; stresses that such far too common practices create a hostile environment for women and girls in online games;
2022/06/27
Committee: IMCO
Amendment 232 #

2022/2014(INI)

Motion for a resolution
Paragraph 19
19. Encourages industry, including games platforms, independent expert partners, and rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system and to adapt the ratings system to facilitate parental choice;
2022/06/27
Committee: IMCO
Amendment 235 #

2022/2014(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to assess how PEGI isystems are being implemented in the different types of games available on the EU market and across the Union and to propose concrete actions to ensure they are being used effectivelyit is being used consistently and effectively for all online games, by developers, platforms and app stores; and stresses that PEGI and age rating should be consistent with privacy policies, data practices and terms of service;
2022/06/27
Committee: IMCO
Amendment 240 #

2022/2014(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Recommends that providers of online video games that could be played by children should be required to conduct ex-ante child impact assessments, built on the 4Cs framework for classifying risk; recommends that such an impact assessment should be approved by an independent authority before placing video games on the EU Market;
2022/06/27
Committee: IMCO
Amendment 241 #

2022/2014(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Stresses that risk is not harm and the excessive avoidance of risk may itself be harmful to the development of children1e _________________ 1e Council of Europe CDMSI Committee, Best practices towards effective legal and procedural frameworks for self-regulatory and co-regulatory mechanisms of content moderation, 2021. https://rm.coe.int/content-moderation- en/1680a2cc18
2022/06/27
Committee: IMCO
Amendment 246 #

2022/2014(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to develop a unique identity verificationindustry to only permit gambling in online games through the use of payment systems that allows a player’s age to be verifiedre not accessible to children;
2022/06/27
Committee: IMCO
Amendment 48 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market) and its supply chains, businesses, workers and consumers can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market, or do not allow for a timely response to such impacts. In many cases distorted as well as crisis-relevant sectors depended on cross-border and mobile workers. These workers played an essential role at the frontline of the crisis, but were often left behind without adequate protection when exercising their freedom of movement.
2023/04/03
Committee: EMPL
Amendment 55 #

2022/0278(COD)

Proposal for a regulation
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as well as stakeholders and social partners as regards contingency planning, technical level coordination and cooperation and information exchange. Social partner organisations play a key role in the elaboration and implementation of emergency measures, including when it comes to dissemination of relevant information to workers and economic operators on the ground.
2023/04/03
Committee: EMPL
Amendment 62 #

2022/0278(COD)

Proposal for a regulation
Recital 4
(4) Representative organisations of economic operators and social partners have suggested that economic operators and wokers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures
2023/04/03
Committee: EMPL
Amendment 65 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuaggravating effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Market of a wide range of crises.
2023/04/03
Committee: EMPL
Amendment 68 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preventing, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. . by fostering its resilience. In order to do so, this Regulation should support the EU Green Deal’s objectives and the Green Deal Industrial Plan, including the transition to a full circular economy by 2050 based on short and diverse supply chains, less dependence on raw materials’ imports as well as high environmental, social and consumer protection standards. This Regulation should complement the Directive on Corporate Sustainability Due Diligence, as well as the proposals on a Critical Raw Materials Act and the Net Zero Industry Act while also fully respecting and safeguarding fundamental human rights.
2023/04/03
Committee: EMPL
Amendment 73 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisiwhile making sure that freedom of movement can be preserved under safe conditions especially for workers involved in the production and provision of those goods and services;
2023/04/03
Committee: EMPL
Amendment 79 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
2023/04/03
Committee: EMPL
Amendment 81 #

2022/0278(COD)

Proposal for a regulation
Recital 10
(10) Where possible, this Regulation should allow for anticipation and prevention of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work.
2023/04/03
Committee: EMPL
Amendment 82 #

2022/0278(COD)

Proposal for a regulation
Recital 17
(17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. InMember States shall refrain from introducing restrictions on the free movement of Union citizens and their family members and of this rd-countext, restrictions to freedom of movement can be justified if they are proportionate and non-ry nationals legally staying or residing in the territories of the Member States as well as refugees and beneficiaries of international protection on grounds of public policy, public security and public health that are directly discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC.
2023/04/03
Committee: EMPL
Amendment 86 #

2022/0278(COD)

Proposal for a regulation
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforce preserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies while ensuring the safety of workers exercising their freedom of movement especially also in times of crisis. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
2023/04/03
Committee: EMPL
Amendment 90 #

2022/0278(COD)

Proposal for a regulation
Recital 20
(20) If Member States should refrain from adopting measures affecting the free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and remove them as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regionsunless justified on grounds of legitimate public policy, security and health, are proportionate and non- discriminatory. Especially in Single Market emergencies, citizens, workers, consumers and businesses depend on a well-functioning Single Market and on preserving the safe freedom of movement. Therefore, such measures restricting the free movement of goods and services have to be limited to what is absolutely necessary and have to be removed as soon as the situation allows it with special regard to the particular situation of border regions, to the provision of services that are essential to the functioning of the affected sector and to sectors that are notably dependent on mobile workers especially in services of general interest. Workers who due to the nature of their tasks and responsibilities are objectively unable to cross-border telework should not be subject to undue restrictions to their freedom of movement as long as their safety and protection can be guaranteed.
2023/04/03
Committee: EMPL
Amendment 99 #

2022/0278(COD)

Proposal for a regulation
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States toshall notify crisis-relevanty free movement restrictions without delay giving a justified assessment of its proportionality and necessity.
2023/04/03
Committee: EMPL
Amendment 101 #

2022/0278(COD)

Proposal for a regulation
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of necessity and proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information,consult with stakeholders such as social partners in order to assess the impact on the labour market. The Commission should assess the merits of Member State arguments including those relying on the precautionary principle enshrined in Article 191 TFEU as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market and to the right to free movement. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.
2023/04/03
Committee: EMPL
Amendment 107 #

2022/0278(COD)

Proposal for a regulation
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
2023/04/03
Committee: EMPL
Amendment 112 #

2022/0278(COD)

Proposal for a regulation
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States, the advisory group and the European Parliament as to the severity of the shortage and the type of the crisis- relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes.
2023/04/03
Committee: EMPL
Amendment 116 #

2022/0278(COD)

Proposal for a regulation
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the right to liberty and security of person (Article 6). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, , the freedom to choose an occupation and right to engage in work as protected by Article 15 of the Charter the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter as well as the right to strike and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
2023/04/03
Committee: EMPL
Amendment 120 #

2022/0278(COD)

Proposal for a regulation
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions and cross-border workers in their local labour markets.
2023/04/03
Committee: EMPL
Amendment 121 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prevent, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons, the functioning of the labour market, mobile and cross-border workers’ safety when exercising free movement, a high level of environmental, social and consumer protection and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and services in the Single Market.
2023/04/03
Committee: EMPL
Amendment 124 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipation, preparing, preventing and planning;
2023/04/03
Committee: EMPL
Amendment 125 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2 a. This Regulation shall not in any way affect the exercise of fundamental rights as recognised 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 does it affect the right to negotiate, to conclude and enforce collective agreements, or to take collective action in accordance with national law and/or practice.
2023/04/03
Committee: EMPL
Amendment 128 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves, with the advisory group, the European Parliament and with the Commission.
2023/04/03
Committee: EMPL
Amendment 134 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 7
7. Any actions under this Regulation shall be consistent with Union’s obligations under international law, including human rights obligations of the Union and its Member States as they result from international human rights instruments.
2023/04/03
Committee: EMPL
Amendment 138 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale, with the exclusion of collective actions, that takes place inside or outside of the Union;
2023/04/03
Committee: EMPL
Amendment 145 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategic importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified in a timely manner;
2023/04/03
Committee: EMPL
Amendment 153 #

2022/0278(COD)

3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may inviteshall ensure the presence of a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/04/03
Committee: EMPL
Amendment 154 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning and strengthening the Single Market’s resilience under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:
2023/04/03
Committee: EMPL
Amendment 155 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member States have alerted the Commission to with regards to their impact on the free movement of goods, persons and services and on the labour market.
2023/04/03
Committee: EMPL
Amendment 156 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b a (new)
(b a) proposing and assessing measures to be taken by the European Commission to strengthen the Single Market’s resilience such as mapping of relevant supply chains with relevant economic operators and technology and stress tests conducted by the European Commission.
2023/04/03
Committee: EMPL
Amendment 159 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point c
(c) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence and understand the impact on the labour market;
2023/04/03
Committee: EMPL
Amendment 165 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM. The Commission shall annually report to the European Parliament on the work of the advisory board.
2023/04/03
Committee: EMPL
Amendment 171 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-vis the public and stakeholders with a coordinating role for the Commission;
2023/04/03
Committee: EMPL
Amendment 174 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate andactions to respond to potentialssible supply chain disruptions and overcomresolve potential shortages of goods and services in the Single Market, including their impact on the labour markets and measures put in place to protect the safety and rights of workers in the identified strategic areas;
2023/04/03
Committee: EMPL
Amendment 178 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains, businesses, workers and consumers can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.
2023/03/31
Committee: IMCO
Amendment 178 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a
(a) the number of economic operators affected by the disruption or potential disruption, including possible disruptions of the labour market;
2023/04/03
Committee: EMPL
Amendment 185 #

2022/0278(COD)

Proposal for a regulation
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as well as stakeholders and social partners as regards contingency planning, technical level coordination and cooperation and information exchange.
2023/03/31
Committee: IMCO
Amendment 187 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode. Member States shall, in consultation with social partners, assess how workers and economic operators in the strategic areas identified might be affected by the potential crisis.
2023/04/03
Committee: EMPL
Amendment 189 #

2022/0278(COD)

Proposal for a regulation
Recital 4
(4) Representative organisations of economic operators and social partners have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures
2023/03/31
Committee: IMCO
Amendment 189 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategic importance isand about the impact on the labour market are requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory group without undue delay via the respective central liaison office.
2023/04/03
Committee: EMPL
Amendment 190 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The Commission may askshall consult with the advisory group to discusson the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
2023/04/03
Committee: EMPL
Amendment 191 #

2022/0278(COD)

7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
2023/04/03
Committee: EMPL
Amendment 192 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuaggravating effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Market of a wide range of crises.
2023/03/31
Committee: IMCO
Amendment 192 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages. The Commission shall inform the Member States, the European Parliament and the advisory board thereof.
2023/04/03
Committee: EMPL
Amendment 194 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preventing, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. . while fully respecting and safeguarding fundamental human rights. by fostering its resilience. In order to do so, this Regulation should support the EU Green Deal’s objectives and the Green Deal Industrial Plan, including the transition to a full circular economy by 2050 based on short and diverse supply chains, less dependence on raw materials’ imports as well as high environmental, social and consumer protection standards while fully respecting and safeguarding fundamental human rights.
2023/03/31
Committee: IMCO
Amendment 194 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
(a a) when the freedom of movement of persons, goods and/or on services was already or is likely to be severely impacted because of the crisis;
2023/04/03
Committee: EMPL
Amendment 196 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and societal activities, the environmenclimate, the environment, the labour market and public safety;
2023/04/03
Committee: EMPL
Amendment 198 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point f
(f) the market position of affected economic operators in the concerned sector or sectors;deleted
2023/04/03
Committee: EMPL
Amendment 201 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis; while making sure that freedom of movement can be preserved under safe conditions especially for workers involved in the production and provision of those goods and services;
2023/03/31
Committee: IMCO
Amendment 201 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point h
(h) the importance of the affected economic operators in the affected sector in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and
2023/04/03
Committee: EMPL
Amendment 206 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, in consultation with the advisory group including relevant stakeholders, without delay, adopt a list of crisis-relevant goods and services and sectors that are notably depending on mobile workers by means of an implementing act. The list may be amended by means of implementing acts.
2023/04/03
Committee: EMPL
Amendment 208 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
2023/03/31
Committee: IMCO
Amendment 211 #

2022/0278(COD)

Proposal for a regulation
Recital 10
(10) Where possible, this Regulation should allow for anticipation and prevention of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work.
2023/03/31
Committee: IMCO
Amendment 212 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. When adopting and applying national measures in response to a Single Market emergency and the underlying crisis, Member States shall ensure that their actions fully comply with the Treaty and Union law and, in particular, with fundamental rights and the requirements laid down in this Article.
2023/04/03
Committee: EMPL
Amendment 216 #

2022/0278(COD)

Proposal for a regulation
Recital 16
(16) In order to account for the exceptional nature of and potential far- reaching consequences for the fundamental operation of the Single Market of a Single Market emergency, implementingvigilance and emergency, delegated powers should exceptionally be conferred ton the Councilmmission for the activation of Single Market vigilance and emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Union.
2023/03/31
Committee: IMCO
Amendment 217 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and their cross-border and mobile workers.
2023/04/03
Committee: EMPL
Amendment 219 #

2022/0278(COD)

Proposal for a regulation
Recital 17
(17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. InMember States shall refrain from introducing restrictions on the free movement of Union citizens and their family members and of this rd-countext, restrictions to freedom of movement can be justified if they are proportionate and non-ry nationals legally staying or residing in the territories of the Member States as well as refugees and beneficiaries of international protection that restrict on grounds of public policy, public security and public health without individual risk assessment or that are directly discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC.
2023/03/31
Committee: IMCO
Amendment 221 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
2023/04/03
Committee: EMPL
Amendment 223 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner so as to ensure legal certainty and facilitate cross- border coordination in close cooperation with social partners at national and local level.
2023/04/03
Committee: EMPL
Amendment 224 #

2022/0278(COD)

Proposal for a regulation
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to preinforcserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies while ensuring the safety of persons exercising their freedom of movement also in times of crisis. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
2023/03/31
Committee: IMCO
Amendment 227 #

2022/0278(COD)

Proposal for a regulation
Recital 20
(20) If Member States should refrain from adopting measures affecting the free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what isunless justified on grounds of legitimate public policy, security and health, in a proportionate and non-discriminatory manner. Especially in Single Market emergencies, citizens, workers, consumers and businesses depend on a well functioning Single Market and on the preservation of safe freedom of movement. Therefore, any such measures restricting the free movement of goods and services have to be limited to what is absolutely necessary and have to be remove themd as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regionsgive special regard to the particular situation of border regions, to the provision of services that are essential to the functioning of the affected sector and to sectors that are notably dependent on mobile workers especially in services of general interest. Workers who due to the nature of their tasks and responsibilities are objectively unable to work remotely should not be subject to undue restrictions as long as their safety can be guaranteed.
2023/03/31
Committee: IMCO
Amendment 227 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners. Social partners shall be duly involved in the elaboration and implementation of measures with an impact on labour mobility.
2023/04/03
Committee: EMPL
Amendment 231 #

2022/0278(COD)

Proposal for a regulation
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictionsMember States shall notify any free movement restrictions without delay, and give a justified assessment of their proportionality and necessity.
2023/03/31
Committee: IMCO
Amendment 231 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point -a (new)
(-a) restrictions on the free movement of Union citizens and their family members and of third-country nationals legally staying or residing in the territories of Member States, as well as of refugees and beneficiaries of international protection, or other measures having equivalent effect, that: (i) restrict the freedom of movement on grounds of public policy, public security or public health without individual risk assessment or (ii) are directly discriminatory based on the nationality of the person.
2023/04/03
Committee: EMPL
Amendment 235 #

2022/0278(COD)

Proposal for a regulation
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of necessity and proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information,consult with stakeholders such as social partners in order to assess the impact on the labour market. The Commission should assess the merits of Member State arguments including those relying on the precautionary principle enshrined in Article 191 TFEU as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market and to the right to free movement. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.
2023/03/31
Committee: IMCO
Amendment 235 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
2023/04/03
Committee: EMPL
Amendment 236 #

2022/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure that the specific Single Market vigilance and emergency measures provided for in this Regulation are used only where this is indispensable for preparing for or responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementingand deactivation by means of delegated acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to. On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable delegated acts as referred to in Articles 9, 10, and 14, 15 and 23 in accordance with the procedure referred to in Article 42(3). In order to ensure transparency and democratic scrutiny, the European Parliament has the right to demand the Commission to annually report on the ongoing monitoring of the Single Market’s crisis preparedness, including its mapping of supply chains and the undertaken stress tests, including climate stress tests, on measures taken to increase its resilience as well as on measures taken under vigilance and emergency modes in particular vigilance and emergency situations.
2023/03/31
Committee: IMCO
Amendment 239 #

2022/0278(COD)

Proposal for a regulation
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementingdelegated acts and due respect for the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time, this exchange should be thoroughly and clearly documented. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
2023/03/31
Committee: IMCO
Amendment 242 #

2022/0278(COD)

Proposal for a regulation
Recital 26
(26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules in full respect of the precautionary principle of Article 191 TFEU to ensure a high level of protection when it comes to human, animal, plant and environmental health. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. TWhen in Union harmonisation legislation, the conformity assessment is carried out by a third party, the conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such author, social and environmental legislations shall be only valid on the territory of the issuing Member State and laid down in relevant Union harmonisation legislation, including harmonised standards. A rolling review can ensure that the latest scientific evidence is taken into account. Such authorisations shall be only limited to the duration of the Single Market emergency and for a maximum of six months. In addition, in order to facilitate the increase in supply of crisis-relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity. In order to ensure transparency about the products being placed on the market in one member state in a state of emergency under the presumption of conformity, a traceability tool shall give economic operators, market surveillance authorities and consumers the transparency and information needed about a product and its conformity. To enable regular monitoring of crisis relevant goods and goods that risk on becoming crisis- relevant, a traceabiliy tool therefore shall cover these products. In the context of a Single Market emergency, the manufacturers of crisis-relevant goods should be able to rely also on national and international standards, whichif they provide an equivalent level of protection to the harmonised European standards. In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers.
2023/03/31
Committee: IMCO
Amendment 246 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose with due regard to mobile and cross border workers, in particular those in employment and professions which require on-location work.
2023/04/03
Committee: EMPL
Amendment 247 #

2022/0278(COD)

Proposal for a regulation
Recital 29
(29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf. Mandates and contracts of such joint procurement undertakings should be made available to the public.
2023/03/31
Committee: IMCO
Amendment 250 #

2022/0278(COD)

Proposal for a regulation
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States, the advisory group and the European Parliament as to the severity of the shortage and the type of the crisis- relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes.
2023/03/31
Committee: IMCO
Amendment 251 #

2022/0278(COD)

Proposal for a regulation
Recital 31
(31) The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits that would be necessary for enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services without prejudice to the precautionary principle and fully respecting environmental, social and consumer protection standards.
2023/03/31
Committee: IMCO
Amendment 253 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 6 – introductory part
6. When a Single Market emergency has been activated in accordance with Article 14 and exceptional circumstances resulting from the crisis do not allow all service providers, business representatives and workers from other Member States to travel and to have unhindered access to their place of activity or workplace, but travelling is still possible, Member States shall not impose travel restrictions, on the following categories of persons, provided that their safe travel can be ensured:
2023/04/03
Committee: EMPL
Amendment 254 #

2022/0278(COD)

Proposal for a regulation
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invitshould oblige the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission mayshould make such reasoned explanation or parts of it public, with due regard to business confidentiality.
2023/03/31
Committee: IMCO
Amendment 254 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 6 – point a
(a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) including those that are essential to the functioning of the affected sector to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;
2023/04/03
Committee: EMPL
Amendment 255 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 7
7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law,. including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
2023/04/03
Committee: EMPL
Amendment 256 #

2022/0278(COD)

Proposal for a regulation
Recital 33
(33) Furthermore, to ensure availability of crisis-relevant goods during the Single Market emergency, the Commission may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality. Intra-EU export bans shall be prohibited.
2023/03/31
Committee: IMCO
Amendment 258 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforcfacilitate free movement of persons referred to in Article 17(6) and 17(7) and to ensure that they can exercise their freedom of movement under safe conditions by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/04/03
Committee: EMPL
Amendment 260 #

2022/0278(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons and their protection, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementingdelegated powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementingdelegated powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2023/03/31
Committee: IMCO
Amendment 264 #

2022/0278(COD)

Proposal for a regulation
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the right to liberty and security of person (Article 6). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter as well as the right to strike and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
2023/03/31
Committee: IMCO
Amendment 264 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measureaccompanied by an assessment of the necessity and proportionality of such measures. Member States shall assess in particular whether the proposed measures are likely to adequately remedy or address the Single Market emergency and whether other less restrictive measures could attain the same objective, having regard to the impact of the adopted measures on freedom of movement and other fundamental rights, their scope and duration. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
2023/04/03
Committee: EMPL
Amendment 268 #

2022/0278(COD)

Proposal for a regulation
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions and cross-border workers and service providers in their local labour markets.
2023/03/31
Committee: IMCO
Amendment 269 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Commission shall ensure that citizens, workers and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
2023/04/03
Committee: EMPL
Amendment 275 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a 1. framework of measures to anticipate, prevent, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons, the functioning of the labour market, mobile and cross-border workers’ safety when exercising free movement, a high level of environmental, social and consumer protection and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and services in the Single Market.
2023/03/31
Committee: IMCO
Amendment 277 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)
(b a) assistance in dissemination of information to businesses, consumers and workers by closely cooperating with stakeholders at national and local level such as social partners and consumer organisations.
2023/04/03
Committee: EMPL
Amendment 281 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level and other Member States' crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
2023/04/03
Committee: EMPL
Amendment 283 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an advisory group to advise the Commission on the appropriate measures for anticipating, preparing, preventing or responding to the impact of a crisis on the Single Market;
2023/03/31
Committee: IMCO
Amendment 285 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR.deleted
2023/04/03
Committee: EMPL
Amendment 286 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipation and planning, preparing, preventing and planning in order to strengthen the Single Market’s resilience;
2023/03/31
Committee: IMCO
Amendment 286 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceedbe lower than 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year.
2023/04/03
Committee: EMPL
Amendment 287 #

2022/0278(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point c
(c) aiming at accelerating permitting of crisis-relevant goods fully respecting social and environmental legislation.
2023/04/03
Committee: EMPL
Amendment 288 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions for the procurement on behalf of the participating Member States referred to in paragraph 1 and shall be made public.
2023/04/03
Committee: EMPL
Amendment 289 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts which shall be made public.
2023/04/03
Committee: EMPL
Amendment 291 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) measures for addressing Single and labour Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and
2023/03/31
Committee: IMCO
Amendment 293 #

2022/0278(COD)

Proposal for a regulation
Article -40 (new)
Article -40 Non regression clause 1. This Regulation is without prejudice to existing national participation rights of social partners, that provide more favourable provisions. 2. This Regulation does not affect labour law, that is any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers, workers and their representatives, which Member States apply in accordance with national law which respects Union law. Equally, this Regulation does not affect the social security legislation of the Member States.
2023/04/03
Committee: EMPL
Amendment 296 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves, with the advisory group, the European Parliament and with the Commission.
2023/03/31
Committee: IMCO
Amendment 302 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect the fundamental rights as recognised at EU level and in Member States , including the freedom or right to strike or to take other action covered by the specific industrial relations systems in Member States.
2023/03/31
Committee: IMCO
Amendment 343 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and, services and technology of strategic importance’ means goods and, services and technology that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified in a timely manner;
2023/03/31
Committee: IMCO
Amendment 348 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant goods and, services and technology’ means goods and, services and technology that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
2023/03/31
Committee: IMCO
Amendment 374 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may inviteshall ensure the presence of a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 377 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning and strengthening the Single Market’s resilience under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:
2023/03/31
Committee: IMCO
Amendment 382 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member States have alerted the Commission to with regards to their impact on the free movement of goods, persons and services and on the labour market.
2023/03/31
Committee: IMCO
Amendment 387 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b a (new)
(b a) assessing measures taken by the European Commission to strengthen the Single Market’s resilience such as mapping of relevant supply chains with relevant economic operators and technology as well as stress tests, including climate stress tests, conducted by the European Commission.
2023/03/31
Committee: IMCO
Amendment 397 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point c
(c) consulting the representatives of economic operators, including SMEs, as well as social partners and industry to collect market intelligence;
2023/03/31
Committee: IMCO
Amendment 416 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM. The Commission shall annually report to the European Parliament on the work of the advisory board.
2023/03/31
Committee: IMCO
Amendment 439 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideratibuilding upon the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/03/31
Committee: IMCO
Amendment 441 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) cooperation between national and Union level competent authorities for the exchange of Single Market resilience measures, the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market;
2023/03/31
Committee: IMCO
Amendment 443 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-vis the public and stakeholders with a coordinating role for the Commission;
2023/03/31
Committee: IMCO
Amendment 449 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partnesocial partners and economic operators , including SMEs, on their initiatives and actions to mitigate andactions to respond to potentialssible supply chain disruptions and overcomresolve potential shortages of goods and services in the Single Market; including their impact on the labour markets and measures put in place to protect the safety and rights of workers and service providers in the identified strategic areas;
2023/03/31
Committee: IMCO
Amendment 462 #

2022/0278(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Commission shall organise the training on crisis preparation, coordination, cooperation, communication and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies.
2023/03/31
Committee: IMCO
Amendment 473 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a
(a) the number of economic operators affected by the disruption or potential disruption, including possible disruptions of the labour market;
2023/03/31
Committee: IMCO
Amendment 493 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following: delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a.
2023/03/31
Committee: IMCO
Amendment 497 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the crisis, laying out why this crisis is of critical importance to the Union and its Member States, pointing out why this crisis is of systemic and vital importance for public security, public safety, public order or public health, and how this crisis would have a significant impact on the functioning of the Single Market;
2023/03/31
Committee: IMCO
Amendment 508 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The implementingdelegated act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 412(2).
2023/03/31
Committee: IMCO
Amendment 517 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideratibuilding upon the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementingdelegated act.
2023/03/31
Committee: IMCO
Amendment 522 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementingdelegated act.
2023/03/31
Committee: IMCO
Amendment 523 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).deleted
2023/03/31
Committee: IMCO
Amendment 531 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementingdelegated act activating the vigilance mode.
2023/03/31
Committee: IMCO
Amendment 540 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementingdelegated act activating the vigilance mode.
2023/03/31
Committee: IMCO
Amendment 542 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementingdelegated act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategic importance isand about the impact on the labour market are requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory group without undue delay via the respective central liaison office.
2023/03/31
Committee: IMCO
Amendment 551 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The Commission may askshall consult with the advisory group to discuss theon findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
2023/03/31
Committee: IMCO
Amendment 554 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
2023/03/31
Committee: IMCO
Amendment 560 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementingdelegated act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages on vital societal and vital economic activities. The Commission shall inform the Member States, the European Parliament and advisory board thereof.
2023/03/31
Committee: IMCO
Amendment 565 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission mayshall require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
2023/03/31
Committee: IMCO
Amendment 572 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. The Commission shall provide support to Member States to coordinate and streamline their efforts.
2023/03/31
Committee: IMCO
Amendment 574 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 4 – introductory part
4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission mayshall draw up and regularly update, by means of implementing acts, a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the Member States should maintain. When setting the individual targets for each Member State, the Commission shall take into account:
2023/03/31
Committee: IMCO
Amendment 577 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Following such an assessment, where the Commission establishes, supported by objective data, which is factual, measurable, substantiated and not informed by bias that
2023/03/31
Committee: IMCO
Amendment 583 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, takinge into account at least the following indicators:
2023/03/31
Committee: IMCO
Amendment 586 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
(a a) when the freedom of movement of persons, goods and/or on services was already or is likely to be severely impacted because of the crisis;
2023/03/31
Committee: IMCO
Amendment 591 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) an estimation of the number of economic operations or us, users or consumers relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
2023/03/31
Committee: IMCO
Amendment 596 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and societal activities, the environmentclimate, the environment, consumers, workers and public safety;
2023/03/31
Committee: IMCO
Amendment 618 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode by means of a delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a.
2023/03/31
Committee: IMCO
Amendment 624 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, shall be specified in the implementingdelegated act, and shall be a maximum of six months.
2023/03/31
Committee: IMCO
Amendment 647 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideratibuilding upon the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode by means of a delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act and for a maximum duration of six months.
2023/03/31
Committee: IMCO
Amendment 651 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay propose the deactivation of the Single Market emergency mode by means of a delegated act.
2023/03/31
Committee: IMCO
Amendment 667 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and their cross-border and mobile workers.
2023/03/31
Committee: IMCO
Amendment 670 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
2023/03/31
Committee: IMCO
Amendment 675 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner so as to facilitate cross-border coordination in close cooperation with social partners at national and local level.
2023/03/31
Committee: IMCO
Amendment 686 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) intraUnion export bans or other measures having equivalent effect on crisis-relevant goods or services listed in an implementing act adopted pursuant to Article 14, paragraph 5;
2023/03/31
Committee: IMCO
Amendment 689 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) restrictions on the intra-EU export of goods or provision or receipt of services, or measures having equivalent effect, where those restrictions do any of the following (i) relevant goods and services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, or (ii) such goods and services in the single market;deleted disrupt supply chains of crisis- create or increase shortages of
2023/03/31
Committee: IMCO
Amendment 699 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1 a. Restrictions on the free movement of Union citizens and their family members and of third-country nationals legally staying or residing in the territories of Member States, as well as of refugees and beneficiaries of international protection, or other measures having equivalent effect, that: (i) restrict the freedom of movement on grounds of public policy, public security or public health without individual risk assessment or (ii) are directly discriminatory based on the nationality of the person.
2023/03/31
Committee: IMCO
Amendment 713 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim including established partnerships;
2023/03/31
Committee: IMCO
Amendment 716 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose. with due regard to mobile and cross border workers, in particular those which require on-location work;
2023/03/31
Committee: IMCO
Amendment 721 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 6 – point a
(a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) including those that are essential to the functioning of the affected sector to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;
2023/03/31
Committee: IMCO
Amendment 723 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 7
7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
2023/03/31
Committee: IMCO
Amendment 728 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforcfacilitate free movement of persons referred to in Article 17(6) and 17(7) and to ensure that they can exercise their freedom of movement under safe conditions by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 739 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measureaccompanied by an assessment of the necessity and proportionality of such measures. Member States shall assess in particular whether the proposed measures are likely to adequately remedy or address the Single Market emergency and whether other less restrictive measures could attain the same objective, having regard to the impact of the adopted measures on freedom of movement and other fundamental rights, their scope and duration. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
2023/03/31
Committee: IMCO
Amendment 745 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. If the advisory group chooses to deliver an opinion on a notified measure, it shall do so within fourtwo working days from the date of receipt by the Commission of the notification concerning that measure.
2023/03/31
Committee: IMCO
Amendment 747 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
2023/03/31
Committee: IMCO
Amendment 750 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 8
8. Within 105 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 105 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 753 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within 105 days after receiving them.
2023/03/31
Committee: IMCO
Amendment 756 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 3015 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.
2023/03/31
Committee: IMCO
Amendment 760 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 13
13. The period of 3015 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 762 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 14
14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non-discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a latIn case a Member State fails to notify the Commission or in case the Commission decides a measure taken by a Member sStage, including the launching ofte is non-compliant with EU law, the Commission shall launch an infringement procedure on the basis of Article 258 TFEU.
2023/03/31
Committee: IMCO
Amendment 769 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)
(b a) assistance in dissemination of information to businesses, consumers and workers by closely cooperating with stakeholders at national and local level such as social partners and consumer organisations.
2023/03/31
Committee: IMCO
Amendment 778 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level and other Member States’ crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
2023/03/31
Committee: IMCO
Amendment 787 #

2022/0278(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementingdelegated act in accordance with Article 14.
2023/03/31
Committee: IMCO
Amendment 793 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission mayshall invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadline.
2023/03/31
Committee: IMCO
Amendment 798 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit andor do not provide a valid justification for not doing so within 14 days, the Commission mayshall, by means of an implementing act, require that they transmit the information, indicating in the implementing act why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.
2023/03/31
Committee: IMCO
Amendment 808 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis- relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States and on the mapping of economic operators as referred to in Art. 6 (3new). The Commission may obtain the necessary information on the relevant economic operators from the Member States.
2023/03/31
Committee: IMCO
Amendment 813 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided but which is no longer than 10 days. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 831 #

2022/0278(COD)

Proposal for a regulation
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and 2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation while complying with the applicable safety requirements, social and environmental legislation laid down in relevant Union harmonisation legislation. The duration can be for maximum six months. A rolling review should ensure that the latest scientific evidence is taken into account even under emergency procedures.
2023/03/31
Committee: IMCO
Amendment 836 #

2022/0278(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Traceability 1. For products admitted under Article 26 in this Regulation, and after consulting the Consumer Safety Network, relevant expert groups and relevant stakeholders, the Commission shall set up a system of traceability to which economic operators who place and make available those products on the market shall adhere. 2. The system of traceability shall consist of the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access those data, including placement of a data carrier on the product, its packaging or accompanying documents. 3. The Commission is empowered to adopt delegated acts to supplement this Regulation by: (a) determining the crisis relevant products, as referred to in paragraph 1; (b) specifying the type of data which economic operators are to collect and store by means of the system of traceability referred to in paragraph 2; (c) specifying the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2; (d) specifying the actors that shall have access to the data as referred to in point (b) and to what data they shall have access, including consumers, economic operators, providers of online marketplaces, competent national authorities, the Commission, and public interest organisations, or any organisation acting on their behalf. 4. Market surveillance authorities, consumers, economic operators and other relevant actors shall have access to the data referred to in paragraph 3 based on their respective access rights set out in the applicable delegated act adopted pursuant to paragraph 3, point (d). 5. When adopting the measures referred to in paragraph 3, the Commission shall take into account: (a) an adequate timeframe to allow economic operators to prepare for those measures; and (b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.
2023/03/31
Committee: IMCO
Amendment 841 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. The Commission, informing the European Parliament, may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
2023/03/31
Committee: IMCO
Amendment 846 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. If an economic operator does not accept andor prioritise priority rated orders, the Commission may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain in written why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data which is factual, measurable, substantiated and not informed by bias showing that such prioritisation is indispensable to ensure the maintenance of vital societal or vital economic activities in the Single Market
2023/03/31
Committee: IMCO
Amendment 851 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept andperform the prioritise they rated orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravity.
2023/03/31
Committee: IMCO
Amendment 855 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price.
2023/03/31
Committee: IMCO
Amendment 863 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. The Commission mayshall, by means of a decision, where deemed necessary and proportionate, impose fines:
2023/03/31
Committee: IMCO
Amendment 865 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;
2023/03/31
Committee: IMCO
Amendment 866 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR.deleted
2023/03/31
Committee: IMCO
Amendment 871 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceedbe lower than 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year.
2023/03/31
Committee: IMCO
Amendment 893 #

2022/0278(COD)

Proposal for a regulation
Article 32 – paragraph 1
Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 904 #

2022/0278(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point c
(c) aiming at accelerating permitting of crisis-relevant goods. fully respecting social and environmental legislation;
2023/03/31
Committee: IMCO
Amendment 906 #

2022/0278(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
(c a) aiming at using all flexibilities of the international framework on intellectual property protection..
2023/03/31
Committee: IMCO
Amendment 909 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. TWhen respectively the vigilance mode or Single Market emergency mode has been activated pursuant to Article 9 or 14, two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
2023/03/31
Committee: IMCO
Amendment 914 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal.
2023/03/31
Committee: IMCO
Amendment 915 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions, practical arrangements for this procedure as well as rules for decision- making, for the procurement on behalf of the participating Member States referred to in paragraph 1 and shall be made public.
2023/03/31
Committee: IMCO
Amendment 918 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate, including on elements such as definition of technical specifications, award criteria and assessment of tenders received, for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts. which shall be made public
2023/03/31
Committee: IMCO
Amendment 926 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-regular on-site visits, including not anounced site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.
2023/03/31
Committee: IMCO
Amendment 929 #

2022/0278(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. The contracts mayshall include a clause stating that a Member State which has not participated in the procurement procedure may become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects.
2023/03/31
Committee: IMCO
Amendment 930 #

2022/0278(COD)

Proposal for a regulation
Article 36 a (new)
Article 36 a Publication of joint public procurement contracts 1. The Commission must ensure all joint procurement contracts are made available to the public and accessible on the Commission's website within 30 days after signing of the contract. Information disclosed for public scrutiny shall include: (a) the amount of public investment paid to the contractor, broke down by cost structure of the product; (b) price per unit of the product; (c) number of product units to be delivered per quarter; (d) number and locations of the product’s manufacturing sites; (e) arrangements related to product donations, intellectual property and technology transfer within the Union and with third countries; (f) product liability clauses and compensation for any damage caused by the product; (g) terms and conditions related to the breach of the contracts and their termination. The European Court of Auditors shall have full access to all relevant documents to provide accurate annual scrutiny of signed contracts and public investment;
2023/03/31
Committee: IMCO
Amendment 942 #

2022/0278(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) No 2016/679 and Directive 2002/58/EC on privacy and electronic communications, or the obligations of the Commission and, where appropriate, other Union institutions and bodies, relating to their processing of personal data under Regulation (EU) No 2018/1725, when fulfilling their responsibilities.
2023/03/31
Committee: IMCO
Amendment 946 #

2022/0278(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. Where processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation can be achieved with processing anonymised data, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable.
2023/03/31
Committee: IMCO
Amendment 949 #

2022/0278(COD)

Proposal for a regulation
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital open source tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency.
2023/03/31
Committee: IMCO
Amendment 952 #

2022/0278(COD)

Proposal for a regulation
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of fivetwo years from date of entry into force of this Directive or any other date set by the co- legislators.
2023/03/31
Committee: IMCO
Amendment 953 #

2022/0278(COD)

Proposal for a regulation
Article 43 a (new)
Article 43 a Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed. 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 3. Either the European Parliament or the Council may object to a delegated act. In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
2023/03/31
Committee: IMCO
Amendment 958 #

2022/0278(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals and report on reslience measures.
2023/03/31
Committee: IMCO
Amendment 27 #

2022/0066(COD)

Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating violence against womengender-based violence and domestic violence
2023/02/01
Committee: EMPL
Amendment 29 #

2022/0066(COD)

Proposal for a directive
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against womengender-based violence and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation.
2023/02/01
Committee: EMPL
Amendment 31 #

2022/0066(COD)

Proposal for a directive
Recital 2
(2) Equality between women and men and non-discrimination are core values of the Union and fundamental rights enshrined, respectively, in Article 2 of the Treaty on European Union and in Articles 21 and 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’). Violence against womenGender-based violence and domestic violence endanger these very principles, undermining women and girls’ rights to equality in all areas of life.
2023/02/01
Committee: EMPL
Amendment 32 #

2022/0066(COD)

Proposal for a directive
Recital 3
(3) Violence against womenGender-based violence and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
2023/02/01
Committee: EMPL
Amendment 33 #

2022/0066(COD)

Proposal for a directive
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against womengender-based violence or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against womengender-based violence. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
2023/02/01
Committee: EMPL
Amendment 36 #

2022/0066(COD)

Proposal for a directive
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against womengender-based violence and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
2023/02/01
Committee: EMPL
Amendment 39 #

2022/0066(COD)

Proposal for a directive
Recital 6
(6) Due to their vulnerability, children who witness violence against womengender-based violence or domestic violence suffer a direct emotional harm, which impacts their development. Therefore, such children should be considered victims and benefit from targeted protection measures.
2023/02/01
Committee: EMPL
Amendment 41 #

2022/0066(COD)

Proposal for a directive
Recital 7
(7) Violence against womenGender-based is a persisting manifestation of structural discrimination against women, in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
2023/02/01
Committee: EMPL
Amendment 46 #

2022/0066(COD)

Proposal for a directive
Recital 9
(9) In light of the specificities related to these types of crime it is necessary to lay down a comprehensive set of rules, which addresses the persisting problem of violence against womengender-based violence and domestic violence in a targeted manner and caters to the specific needs of victims of such violence. The existing provisions at Union and national levels have proven to be insufficient to effectively combat and prevent violence against womengender-based violence and domestic violence. In particular, Directives 2011/36/EU and 2011/93/EU concentrate on specific forms of such violence, while Directive 2012/29/EU of the European Parliament and of the Council38 lays down the general framework for victims of crime. While providing some safeguards for victims of violence against womengender-based violence and domestic violence, it is not set out to address their specific needs. _________________ 38 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
2023/02/01
Committee: EMPL
Amendment 47 #

2022/0066(COD)

Proposal for a directive
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 , the United Nations Convention on the Rights of Persons with Disabilities and, where relevant, the Council of Europe Convention on preventing and combating violence against womengender-based violence and domestic violence (‘Istanbul Convention’),40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva, the International Labour Organization's Discrimination (Employment and Occupation) Convention, 1958 (No 111) and the International Labour Organization's Domestic Workers' Convention, 2012 (No 189). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
2023/02/01
Committee: EMPL
Amendment 53 #

2022/0066(COD)

Proposal for a directive
Recital 11
(11) Violence against womenGender-based and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence. based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called corrective rape, should be given particular attention.
2023/02/01
Committee: EMPL
Amendment 58 #

2022/0066(COD)

Proposal for a directive
Recital 12
(12) Victims of violence against womengender-based violence and domestic violence are at an increased risk of intimidation, retaliation, secondary and repeat victimisation. Particular attention should thus be paid to these risks and to the need to protect the dignity and physical integrity of such victims.
2023/02/01
Committee: EMPL
Amendment 59 #

2022/0066(COD)

Proposal for a directive
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
2023/02/01
Committee: EMPL
Amendment 62 #

2022/0066(COD)

Proposal for a directive
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders as well as persons who are part of marginalised communities . It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. The increased use of ICT at work has lead to increased cyber violence against women requiring particular attention to preventative and protective measures in the context of work. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
2023/02/01
Committee: EMPL
Amendment 68 #

2022/0066(COD)

Proposal for a directive
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videos and material that depict sexual activities, to a multitude ofother end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non- consensual production or manipulation, for instance by image editing, of material that makes it appear as though another person is engaged in sexual activities, insofar as the material is subsequently made accessible to a multitude ofother end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activities of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well.
2023/02/01
Committee: EMPL
Amendment 69 #

2022/0066(COD)

Proposal for a directive
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude ofother end-users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well-known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people.
2023/02/01
Committee: EMPL
Amendment 70 #

2022/0066(COD)

(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
2023/02/01
Committee: EMPL
Amendment 73 #

2022/0066(COD)

Proposal for a directive
Recital 24
(24) Victims should be able to report crimes of violence against womengender-based violence or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
2023/02/01
Committee: EMPL
Amendment 74 #

2022/0066(COD)

Proposal for a directive
Recital 25
(25) In the case of domestic violence and violence against womengender-based violence, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against womengender-based violence affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
2023/02/01
Committee: EMPL
Amendment 77 #

2022/0066(COD)

Proposal for a directive
Recital 27
(27) Delays in processing complaints of violence against womengender-based violence and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, the competent authorities should have the sufficient expertise and effective investigative tools to investigate and prosecute such crimes. Delays in dealing with complaints put victims at risk of physical, sexual, psychological or economic harm or suffering. Victims should have the right to be free from undue consequences, such as termination of contract, when taking leave as a consequence of gender-based violence and sexual harassment.
2023/02/01
Committee: EMPL
Amendment 78 #

2022/0066(COD)

Proposal for a directive
Recital 28
(28) Victims of domestic violence and violence against womengender-based violence are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against womengender-based violence or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.
2023/02/01
Committee: EMPL
Amendment 85 #

2022/0066(COD)

Proposal for a directive
Recital 38
(38) Given the complexities and gravity of offences of violence against womengender-based violence and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, are well placed to fulfil these tasks. Such bodies should in addition have legal standing to act on behalf or in support of victims of all forms of violence against womengender-based violence or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodies to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
2023/02/01
Committee: EMPL
Amendment 87 #

2022/0066(COD)

Proposal for a directive
Recital 39
(39) Certain offences covered by this Directive involve the increased risk of repeated, prolonged or even continuous victimisation. That risk occurs especially in relation to offences involving the making accessible to a multitude ofother end-users, through information and communication technologies, of material, resulting from certain offences of cyber violence, considering the ease and speed with which such material can be distributed on a large scale and the difficulties that often exist when it comes to removing such material. That risk typically remains even after a conviction. Therefore, in order to effectively safeguard the rights of the victims of those offences, Member States should be required to take suitable measures aimed at the removal of the material in question. Considering that removal at the source may not always be feasible, for instance because of legal or practical difficulties relating to the execution or enforcement of an order to remove, Member States should also be allowed to provide for measures to disable access to such material.
2023/02/01
Committee: EMPL
Amendment 88 #

2022/0066(COD)

Proposal for a directive
Recital 44
(44) In order to avoid secondary victimisation, victims should be able to obtain compensation in the course of criminal proceedings. Compensation from the offender should be full and should not be restricted by a fixed upper limit. It should cover all harm and trauma experienced by victims and costs incurred to manage the damages, including among other things therapy costs, impact on the victim’s employment situation, loss of earnings, psychological damages, and moral prejudice due to the violation of dignity. The amount of compensation should reflect that victims of domestic violence and cyber incitement to violence or hatred may have to uproot their lives in order to seek safety, entailing a possible change of employment or finding new schools for children or even creating a new identity. Compensation should be part of the measures provided to ensure the reparation for victims.
2023/02/01
Committee: EMPL
Amendment 91 #

2022/0066(COD)

Proposal for a directive
Recital 45
(45) Assistance and support to victims of violence against womengender-based violence and domestic violence should be provided before, during and for an appropriate period after the criminal proceedings have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings.
2023/02/01
Committee: EMPL
Amendment 93 #

2022/0066(COD)

Proposal for a directive
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against womengender-based violence and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
2023/02/01
Committee: EMPL
Amendment 95 #

2022/0066(COD)

Proposal for a directive
Recital 48
(48) Victims of domestic violence and violence against womengender-based violence typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities.
2023/02/01
Committee: EMPL
Amendment 96 #

2022/0066(COD)

Proposal for a directive
Recital 49
(49) Specialist support services, including shelters and rape crisis centres, should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against womengender-based violence tend to surge.
2023/02/01
Committee: EMPL
Amendment 101 #

2022/0066(COD)

Proposal for a directive
Recital 51
(51) Harassment at work is considered as discrimination on grounds of sex by Directives 2004/113/EC, 2006/54/EC and 2010/41/EU. Harassment at work hinders the labour market participation of women. Increased absenteeism, long-term sick leave, reduced productivity and consequently loss of income or future opportunities contribute to limiting women’s labour market participation. Given that sexual harassment at work has significant negative consequences both for the victims and the employers, advice onfor everyone at work, advice on preventing and adequately addressing such instances at the workplace, including through occupational and health measures, and on legal remedies available to the employer toand vitims, including on removeing the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes, should be provided through grievance mechanisms or by external counselling services to both victims and employers.
2023/02/01
Committee: EMPL
Amendment 119 #

2022/0066(COD)

Proposal for a directive
Recital 56
(56) Victims with specific needs and groups at risk of violence against womengender-based violence or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
2023/02/01
Committee: EMPL
Amendment 125 #

2022/0066(COD)

Proposal for a directive
Recital 57
(57) Women with disability disproportionately experience violence against womengender- based violence and domestic violence and due to their disability often have difficulties in accessing protection and support measures. Therefore, Member States should ensure they can benefit fully from the rights set out in this Directive, on an equal basis with others, while paying due attention to the particular vulnerability of such victims and their likely difficulties to reach out for help.
2023/02/01
Committee: EMPL
Amendment 127 #

2022/0066(COD)

Proposal for a directive
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence aggender-based violence and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipsuch as empathy. Prevention should also cover specific measures to prevent gender-based violence and sexual harassment and violence at the work. National social partners should be involved and consulted in these efforts.
2023/02/01
Committee: EMPL
Amendment 131 #

2022/0066(COD)

Proposal for a directive
Recital 59
(59) Member States should take measures to prevent the cultivation of harmful gender stereotypes to eradicate the idea of the inferiority of women or stereotyped roles of women and men. This could also include measures aimed at ensuring that culture, custom, religion, tradition or honour is not perceived as a justification for, or a more lenient treatment of, offences of violence against womengender-based violence or domestic violence. Considering that from a very young age onwards, children are exposed to gender roles that shape their self-perception and influence their academic and professional choices as well as expectations of their roles as women and men throughout their life, it is crucial to address gender stereotypes as of early-childhood education and care. At the workplace, training and awareness raising programmes can play a crucial role in challenging stereotypes and transforming culture inside and outside work. Member States should also take measures to prevent the gender-based violence and harassment at work on grounds of pregnancy and motherhood.
2023/02/01
Committee: EMPL
Amendment 136 #

2022/0066(COD)

Proposal for a directive
Recital 60
(60) In order to ensure victims of violence against womengender-based violence and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive training and targeted information, particularly taking into account the needs of victims with disabilities. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of gender- based violence and sexual harassment at work, employers, persons with supervisory functions and other workers should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
2023/02/01
Committee: EMPL
Amendment 139 #

2022/0066(COD)

Proposal for a directive
Recital 60 a (new)
(60 a) This Directive should ensure that preventative and protective measures aiming to combat violence, discrimination and harassment at work, including third- party violece and harassmetnts by customers, clients, visitors, patients, as applicable, should apply regardless of the reason for or cause of the harassment and are not limited to cases on discriminatory grounds. Member States, in consultation with the social partners, should provide for effective protective measures.
2023/02/01
Committee: EMPL
Amendment 140 #

2022/0066(COD)

Proposal for a directive
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat gender-based violence and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to gender-based violence and sexual harassment at work.
2023/02/01
Committee: EMPL
Amendment 143 #

2022/0066(COD)

Proposal for a directive
Recital 62
(62) Intervention programmes should be set up to prevent and minimise the risk of (repeated) offences of violence against womengender-based violence or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.
2023/02/01
Committee: EMPL
Amendment 144 #

2022/0066(COD)

Proposal for a directive
Recital 64
(64) Policies to adequately tackle violence against womengender-based violence and domestic violence can only be formulated on the basis of comprehensive and comparable disaggregated data. In order to effectively monitor developments in the Member States and fill the gaps of comparable data, Member States should regularly conduct surveys using the harmonised methodology of the Commission (Eurostat) to gather data and transmit these data to the Commission (Eurostat).
2023/02/01
Committee: EMPL
Amendment 145 #

2022/0066(COD)

Proposal for a directive
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against womengender-based violence and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
2023/02/01
Committee: EMPL
Amendment 147 #

2022/0066(COD)

Proposal for a directive
Recital 68
(68) Since the objective of this Directive, namely to prevent and combat violence against womengender-based violence and domestic violence across the Union on the basis of common minimum rules, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the envisaged measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
2023/02/01
Committee: EMPL
Amendment 148 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
This Directive lays down rules to prevent and combat violence against womengender-based violence and domestic violence. It establishes minimum rules concerning:
2023/02/01
Committee: EMPL
Amendment 150 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against womengender-based violence or domestic violence before, during or after criminal proceedings;
2023/02/01
Committee: EMPL
Amendment 151 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point c
(c) victims’ protection and victims’ supportmeasures for protection, support and reparation for victims of all forms of gender-based violence.
2023/02/01
Committee: EMPL
Amendment 152 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point c a (new)
(c a) the establishmend and development of minimum rules on prevention measures.
2023/02/01
Committee: EMPL
Amendment 154 #

2022/0066(COD)

Proposal for a directive
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of gender or sex and other grounds, as well as other victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35 (1) and Article 37(7).
2023/02/01
Committee: EMPL
Amendment 156 #

2022/0066(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) acts of violence against womengender-based violence or domestic violence as criminalised under other instruments of Union law;
2023/02/01
Committee: EMPL
Amendment 157 #

2022/0066(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) any other acts of violence against womengender-based violence or domestic violence as criminalised under national law.
2023/02/01
Committee: EMPL
Amendment 159 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point a
(a) “gender-based violence against women” means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life or at work;
2023/02/01
Committee: EMPL
Amendment 161 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
(a a) “gender-based violence” means violence, or threats of such violence, that is directed against a person because of that person's gender, gender identity, gender expression or sex characteristics;
2023/02/01
Committee: EMPL
Amendment 162 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim; domestic violence shall also include acts that occur within a family or domestic unit which prevent a person from entering or remaining in the labour market;
2023/02/01
Committee: EMPL
Amendment 167 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point g
(g) “sexual harassment at work” means any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, where it occurs in the course of, linked with, or arising in matters of employment, occupation and self-employment, including informal and undocumented work, with the purpose or effect of violating the dignity of the victim or of other forms of physical, psychological, sexual and economic harm, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including where a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for job-related decisions ;
2023/02/01
Committee: EMPL
Amendment 170 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
(g a) “sexual harassment” means any form of unwanted physical, verbal, non- verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment;
2023/02/01
Committee: EMPL
Amendment 171 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point j a (new)
(j a) “gender” means the socially constructed roles, behaviours, activities, and attributes that a given society considers appropriate within the binary construction of gender as male and female.
2023/02/01
Committee: EMPL
Amendment 172 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point j b (new)
(j b) “specialist services” means intersectional feminist services that support women and their children as well as other victims of gender-based violence. These services include but are not limited to women’s support centres, women’s shelters, helplines, rape crisis or sexual violence referral centres, as well as primary prevention services. WSS are typically run by non-governmental feminist women’s organisations.
2023/02/01
Committee: EMPL
Amendment 173 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) engaging with a woman or another person in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;
2023/02/01
Committee: EMPL
Amendment 174 #

2022/0066(COD)

(b) causing a woman or another person to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object.
2023/02/01
Committee: EMPL
Amendment 175 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 2
2. An act shall be considered consensual only if it is based on voluntary consent as the result of free will of the person concerned, assessed in the context of the surrounding consequences. Member States shall ensure that a non- consensual act is understood as an act which is performed without the woman’s consent given voluntarily or where the woman is unable to form a free will due to her physical or mental condition, thereby exploiting her incapacity to form a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.
2023/02/01
Committee: EMPL
Amendment 176 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Consent is needed for each separate act and can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender.
2023/02/01
Committee: EMPL
Amendment 179 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material, including those depicting sexual activities, of another person without that person’s consent accessible to a multitude ofother end-users by means of information and communication technologies;
2023/02/01
Committee: EMPL
Amendment 180 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofother end-users, by means of information and communication technologies, images, videos or other material, making it appear as though another person is engaged in sexual activities, without that person’s consent;
2023/02/01
Committee: EMPL
Amendment 181 #

2022/0066(COD)

Proposal for a directive
Article 8 – paragraph 1 – point a
(a) persistently engaging in threatening, coercing or intimidating conduct directed at another person, by means of information and communication technologies, which causes that the person fears for own safety or that the person fears for safety of dependanthome environment, including family dependants, relatives or partners;
2023/02/01
Committee: EMPL
Amendment 182 #

2022/0066(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) placing another person under continuous surveillance, without that person’s direct and unambiguous consent or legal authorisation to do so, by means of information and communication technologies, to track or monitor that person’s movements and activities, including in the context of the world of work ;
2023/02/01
Committee: EMPL
Amendment 185 #

2022/0066(COD)

Proposal for a directive
Article 8 – paragraph 1 – point c
(c) making material containing the personal data of another person, without that person’s consent, accessible to a multitude ofother end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical or significantor threaten to cause physical, economic or psychological harm or damage to the person.
2023/02/01
Committee: EMPL
Amendment 186 #

2022/0066(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) initiating an attack publicly or with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofother end-users, by means of information and communication technologies, with the effect of causing significant psychological and economic harm to the attacked person, including in the context of the world of work ;
2023/02/01
Committee: EMPL
Amendment 187 #

2022/0066(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that the intentional conduct of inciting to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex or gender, or other protected groups under EU law, as referenced in Article 2 of this directive, by disseminating to the public material containing such incitement to violence or hatred by means of information and communication technologies is punishable as a criminal offence.
2023/02/01
Committee: EMPL
Amendment 189 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point a
(a) the offence, or another criminal offence of violence against womengender-based violence or domestic violence, was committed repeatedly;
2023/02/01
Committee: EMPL
Amendment 190 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as residence status, a situation of dependence, employment or service relationships, or a state of physical, mental, intellectual or sensory disability, or distress or living in institutions, including reception centres, detention facilities or accommodation centres for asylum seekers;
2023/02/01
Committee: EMPL
Amendment 199 #

2022/0066(COD)

Proposal for a directive
Article 16 – title
Reporting of violence against womengender-based violence or domestic violence
2023/02/01
Committee: EMPL
Amendment 203 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against womengender-based violence or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
2023/02/01
Committee: EMPL
Amendment 204 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against womengender-based violence or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities without fear of reprisals or negative consequences.
2023/02/01
Committee: EMPL
Amendment 205 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Where children report criminal offences of violence against womengender-based violence or domestic violence, Member States shall ensure that the reporting procedures are safe, confidential, designed and accessible in a child-friendly manner and language, in accordance with their age and maturity. If the offence involves the holder of parental responsibility, Member States should ensure reporting is not conditional upon this person’s consent.
2023/02/01
Committee: EMPL
Amendment 206 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 5
5. Member States shall ensure that the competent authorities coming in contact with a victim reporting offences of violence against womengender- based violence or domestic violence are prohibited from transferring personal data pertaining to the residence status of the victim to competent migration authorities, at least until completion of the first individual assessment referred to in Article 18.
2023/02/01
Committee: EMPL
Amendment 207 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 5 a (new)
5 a. Member State shall ensure effective reporting mechanisms and procedures in cases of violence and harassment in the world of work.Member States shall take the necessary measures to ensure protection against the victimisation of or retaliation against complainants, victims, witnesses and whistle-blowers and ensure the protection of the privacy of those individuals involved and confidentiality and ensure that requirements for privacy and confidentiality are not misused. Member states shall ensure that providing evidence should not represent a burden for the victims or contribute to further victimisation.
2023/02/01
Committee: EMPL
Amendment 208 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against womengender-based violence or domestic violence have sufficient expertise, capacity and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
2023/02/01
Committee: EMPL
Amendment 209 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against womengender-based violence or domestic violence are processed and transferred without delay to the competent authorities for prosecution and investigation.
2023/02/01
Committee: EMPL
Amendment 210 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 3
3. The competent authorities shall promptly and effectively record and investigate allegations of violence against womengender-based violence or domestic violence and ensure that an official complaint is filed in all cases.
2023/02/01
Committee: EMPL
Amendment 213 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, social services and, healthcare professionals and where relevant employers and trade unions.
2023/02/01
Committee: EMPL
Amendment 214 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals to ensure the protection measures relate toeffectively and sufficiently address the victim’s current situation and needs. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.
2023/02/01
Committee: EMPL
Amendment 215 #

2022/0066(COD)

Proposal for a directive
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
2023/02/01
Committee: EMPL
Amendment 217 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against womengender-based violence or domestic violence. Those guidelines shall include guidance on:
2023/02/01
Committee: EMPL
Amendment 218 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point a a (new)
(a a) how to apply a gender-responsive and intersectional approach in all actions and measures;
2023/02/01
Committee: EMPL
Amendment 219 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point c
(c) how to treat victims in a trauma-, disability-, language-, gender- and child- sensitive manner;
2023/02/01
Committee: EMPL
Amendment 225 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point g
(g) how to refer victims to support services, to ensure the appropriate treatment of victims and handling of cases of violence against womengender-based violence or domestic violence.
2023/02/01
Committee: EMPL
Amendment 226 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point a
(a) provide independent assistance and advice to victims of violence against womengender-based violence and domestic violence and witnesses;
2023/02/01
Committee: EMPL
Amendment 227 #

2022/0066(COD)

Proposal for a directive
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, intersex genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
2023/02/02
Committee: LIBEFEMM
Amendment 228 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 2
2. Member States shall ensure that the bodies referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against womengender-based violence or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
2023/02/01
Committee: EMPL
Amendment 229 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 1
1. Member States shall ensure that victims have the right to claim full compensation from offenders for damages resulting from all forms of violence against womengender-based violence or domestic violence.
2023/02/01
Committee: EMPL
Amendment 230 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 4
4. The damage shall include costs for healthcare services, support services, rehabilitation, loss of income and other reasonable, employment related benefits and opportunities and other costs that have arisen as a result of the offence or to manage its consequences. The amount of the damages awarded shall also compensate for physical and psychological harm and moral prejudice.
2023/02/01
Committee: EMPL
Amendment 235 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence. gender-based violence and domestic violence. In order to ensure effective access to such support services, victims should be ensured paid leave, protection from dismissal and against discriminaiton in employment and flexible working arrangements.
2023/02/01
Committee: EMPL
Amendment 239 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 3
3. Member States shall ensure sufficient human and financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations. Member States shall particularly ensure sufficient human and financial resources for institutions and organisations providing legal aid, healthcare and social protection.
2023/02/01
Committee: EMPL
Amendment 239 #

2022/0066(COD)

Proposal for a directive
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein without discrimination on account of any ground. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
2023/02/02
Committee: LIBEFEMM
Amendment 245 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals, labour inspectors and other competent bodies responsbile for the monitoring and enforcement of employment and social legislation, on identifying and providing appropriate support to victims of all forms of violence against womengender-based violence and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination.
2023/02/01
Committee: EMPL
Amendment 247 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against womengender-based violence and domestic violence in times of crisis, such as health crises or other states of emergency.
2023/02/01
Committee: EMPL
Amendment 248 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim . These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
2023/02/01
Committee: EMPL
Amendment 249 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 1 a (new)
1 a. Member States shall implement workplace support systems for victims of gender based violence including sexual harassment and domestic violence encompassing flexible and tailored support which should include paid leave, options to reduce or change work tasks for an agreed period of time, domestic violence risk assessment, financial support in cases of financial abuse, and personalised safety plans, amongst other to support from external gender based violence and domestic violence support organisations.
2023/02/01
Committee: EMPL
Amendment 250 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 1 b (new)
1 b. Member States shall ensure victims are able to take a minimum of 5 days of safe leave, not dependant on the filing of a formal complaint, which shall guarantee them the time to take any measures necessary to ensure the health and/or safety of themselves and their dependants, regardless of any other leave arrangements and independent from any other contractual obligations of the victim.
2023/02/01
Committee: EMPL
Amendment 255 #

2022/0066(COD)

Proposal for a directive
Article 30 – paragraph 1
Member States shall, in consultation with the social partners, ensure external counselling services are available for victims and employers in cases of sexual harassment at work. These services shall include psychological counselling and free legal advice for the victims, advice on adequately preventing and addressing such instances at the workplace, on legal remedies available to the employerincluding through occupational health and safety measures, and on legal remedies available to victims and the employer, including with regard to removeing the offender from the workplace, and providing the possibility of early conciliation, if the victim so wishes. Member States shall ensure that employers have the obligation to inform their workers, at the start of their contract, on anti-harassment policies and procedures in place, the workers’ rights in instances of harassment and violence against them in the workplace and accessing external counselling services as stipulated in paragraph 1 of this Article. The costs of such counselling services and legal services shall be borne by national competent authorities or by the employer. Member States shall ensure proper and adequate funding mechanisms for programmes and actions to combat harassment in the the world of work, including mechanisms to support women in reporting cases of harassment. Workers shall have the right to receive support and representation from their trade union, and to have access to information on available remedies and access to legal remedies. Trade union representatives shall be able to support workers in any relevant proceedings.
2023/02/01
Committee: EMPL
Amendment 263 #

2022/0066(COD)

Proposal for a directive
Recital 7
(7) Violence against women is a persisting manifestation of structural discrimination against women in all their diversity, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
2023/02/02
Committee: LIBEFEMM
Amendment 268 #

2022/0066(COD)

Proposal for a directive
Article 30 a (new)
Article 30 a Support at work for victims of domestic violence 1. Member States shall ensure that employers, in cooperation with trade union representatives, take appropriate measures to provide a safe working environment and support to victims of domestic violence, and to ensure that consequences of domestic violence on the safety of victims and on productivity and performance at work are not taken into account in performance evaluations. Workers shall have the right to receive support from a trade union and the workplace health and safety representative. 2. Victims of domestic violence shall be entitled to paid leave of appropriate duration.
2023/02/01
Committee: EMPL
Amendment 271 #

2022/0066(COD)

Proposal for a directive
Article 30 b (new)
Article 30 b Collective bargaining 1. Member States shall ensure that trade unions are able to bargain collectively on workplace measures to prevent and address gender-based violence, sexual harassment at work and cyber violence at work, and to identify and support victims of domestic violence. 2. Member States shall take measures to promote collective barganing on workplace practices on preventing and addressing instances of gender-based violence, sexual harassment, cyber violence and domestic violence, including through awareness-raising and training of employers, trade union representatives and workplace health and safety representatives.
2023/02/01
Committee: EMPL
Amendment 274 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against womengender-based violence and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications.
2023/02/01
Committee: EMPL
Amendment 275 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 4
4. [Member States shall ensure that the service under paragraph 1 for victims of violence against womengender-based violence is operated under the harmonised number at EU level “116 016” and that the end-users are adequately informed of the existence and use of such number.]
2023/02/01
Committee: EMPL
Amendment 280 #

2022/0066(COD)

Proposal for a directive
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against womengender-based violence or domestic violence. Support to children shall be specialised and age-appropriate, respecting the best interests of the child.
2023/02/01
Committee: EMPL
Amendment 281 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against womengender-based violence or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.
2023/02/01
Committee: EMPL
Amendment 282 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against womengender-based violence or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, LBTIQ women and other LGBTIQ people subject to gender-based violence, women sex workers, women detainees, or older women.
2023/02/01
Committee: EMPL
Amendment 285 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 3
3. The support services shall be available for third-country nationals who are victims of violence against womengender-based violence and domestic violence, including for applicants for international protection, for undocumented persons and for persons subject of return procedures in detention. Member States shall ensure that victims who request so may be kept separately from persons of the other sex in detention facilities for third-country nationals subject of return procedures, or accommodated separately in reception centres for applicants for international protection.
2023/02/01
Committee: EMPL
Amendment 286 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 4
4. Member States shall ensure that persons can report occurrences of violence against womengender- based violence or domestic violence in reception and detention centres to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
2023/02/01
Committee: EMPL
Amendment 287 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 1
1. Member States shall take appropriate actions to prevent violence against womengender- based violence and domestic violence.
2023/02/01
Committee: EMPL
Amendment 288 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 1 a (new)
1 a. Member States shall ensure that employers take the necessary actions to prevent gender-based violence and harassment in the world of work, including by: (a) adopting and implementing, in consultation with workers and trade unions, a workplace policy on violence and harassment; (b) taking into account violence and harassment and associated psychosocial risks in the management of occupational safety and health;and (c) identifying hazards and assessing the risks of violence and harassment, with the participation of workers and their representatives, and taking measures to prevent and control them; Member States should ensure that measures to prevent violence and harassment at work do not result in the restriction of the participation in specific jobs, sectors or occupations, or their exclusion therefrom, of women.
2023/02/01
Committee: EMPL
Amendment 288 #

2022/0066(COD)

Proposal for a directive
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation, gender identity, gender expression and sex characteristics. Member States should therefore pay due regard to victims affected by such intersectional discrimination and violence, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence and domestic violence. For example, acts of gender-based violence which seek to punish victims for their sexual orientation, gender expression, gender identity or sex characteristics such as so- called “corrective rape”, should be given particular attention.
2023/02/02
Committee: LIBEFEMM
Amendment 297 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment, in consultation with the social partners, ensure that gender-based violence and sexual harassment are defined, prohibited and addressed in relevant laws or policies. Those national laws or policies shall identify and establish preventive measures, including by extending or adapting existing occupational safety and health measures, to cover sexual harassment at work and gender-based violence, as well as targeted actions referred to in paragraph 2 for sectors where workers are most exposed at work is addressed in relevant national policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed.
2023/02/01
Committee: EMPL
Amendment 304 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, workplace health and safety representatives, labour inspectors, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against womengender-based violence or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner.
2023/02/01
Committee: EMPL
Amendment 308 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 3
3. Persons in the workplace, in particular those with supervisory functions in the workplace, in both the public and private sectors, shall receive training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information about the effects of violence against women and domestic violence on work and the risk of third party violengender-based violence and domestic violence on work and the risk of third party violence. They shall also receive training on how to recognise instances of domestic violence and provide support to victims and ensure that victims are able to continue working in a safe environment. Member States shall ensure that employers have the obligation to provide mandatory and free of charge training to management and persons in supervisory functions as well as all other workers on a regular basis and in particular on entering the workplace.
2023/02/01
Committee: EMPL
Amendment 308 #

2022/0066(COD)

Proposal for a directive
Recital 13
(13) Rape is one of the most serious offences breaching a person’s sexual integrity and is a crime that disproportionately affects women. It entails a power imbalance between the offender and the victim, which allows the offender to sexually exploit the victim for purposes such as personal gratification, asserting domination, gaining social recognition, advancement or possibly financial gain or punishment for the victim's sexual orientation, gender identity, gender expression or sex characteristics (so- called "corrective rape"). Many Member States still require the use of force, threats or coercion for the crime of rape. Other Member States solely rely on the condition that the victim has not consented to the sexual act. Only the latter approach achieves the full protection of the sexual integrity of victims. Therefore, it is necessary to ensure equal protection throughout the Union by providing the constitutive elements of the crime of rape of women. .
2023/02/02
Committee: LIBEFEMM
Amendment 312 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1, 2 and 23 shall include training on co-ordinated multi-agency co-operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against womengender-based violence or domestic violence.
2023/02/01
Committee: EMPL
Amendment 313 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of violence against womenall forms of gender-based violence or domestic violence.
2023/02/01
Committee: EMPL
Amendment 317 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2 shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against womengender- based violence and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds.
2023/02/01
Committee: EMPL
Amendment 322 #

2022/0066(COD)

Proposal for a directive
Article 38 – paragraph 1
1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against womengender- based violence or domestic violence, or reoffending.
2023/02/01
Committee: EMPL
Amendment 323 #

2022/0066(COD)

Proposal for a directive
Article 38 – paragraph 2
2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against womengender-based violence or domestic violence.
2023/02/01
Committee: EMPL
Amendment 324 #

2022/0066(COD)

Proposal for a directive
Article 39 – paragraph 1
1. Member States shall adopt and implement state-wide effective, comprehensive and co-ordinated policies encompassing all relevant measures to prevent and combat all forms of violence against womengender- based violence and domestic violence.
2023/02/01
Committee: EMPL
Amendment 327 #

2022/0066(COD)

Proposal for a directive
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violencegender-based violence or domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence and trade unions, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
2023/02/01
Committee: EMPL
Amendment 331 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – point c
(c) providing assistance to Union networks working on matters directly relevant to violence against womengender-based violence and domestic violence.
2023/02/01
Committee: EMPL
Amendment 332 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 1
1. Member States shall have a system in place for the collection, development, production and dissemination of statistics on violence against womengender-based violence or domestic violence, including the forms of violence referred to in Articles 5 to 10.
2023/02/01
Committee: EMPL
Amendment 335 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point a
(a) the number of victims who experienced violence against womengender-based violence or domestic violence during the last 12 months, last five years and lifetime;
2023/02/01
Committee: EMPL
Amendment 336 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
(b a) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
2023/02/01
Committee: EMPL
Amendment 338 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2 a (new)
Member States shall consult the social partners in the data collection process, in particular when it comes to gender-based violence and sexual harassment at work.
2023/02/01
Committee: EMPL
Amendment 345 #

2022/0066(COD)

Proposal for a directive
Recital 16 a (new)
(16a) In order to address the severe and long-lasting physical and psychological impairments of intersex genital mutilation performed on persons with variations of sex characteristics, also known as intersex persons, this offence should be specifically and adequately addressed in the criminal laws. Non-vital, non- consensual procedures and treatments performed on intersex children assigned female, such as labiaplasties, vaginoplasties, gonadectomies, clitoral “recession” and other forms of clitoral cutting or removal, are specifically based on sexist and misogynistic beliefs aimed at exerting control over intersex girls’ and women’s physical appearance and sexuality. The term "capacity to provide consent" shall be interpreted as the ability to understand the facts, assess the risks and benefits and balance the short- and long-term consequences of the possible choices and make a decision. Member States shall ensure that a minor is deemed capable of providing consent only if all the elements above are assessed to be in place. The term "hormonal treatments" shall be understood as any non- consensual treatments aimed at altering the sex characteristics of the person; it excludes consensual gender affirming hormonal treatments or access to hormone blockers.
2023/02/02
Committee: LIBEFEMM
Amendment 360 #

2022/0066(COD)

Proposal for a directive
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certain forms of cyber violence. Cyber violence particularly targets and impacts women politicians, journalists and human rights defenders, as well as persons who are part of marginalised communities. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. Women and girls exposed to discrimination and violence on the basis of a combination of their sex or gender and other grounds are disproportionately affected by cyber violence, including cyber harassment or cyber incitement to violence or hatred.
2023/02/02
Committee: LIBEFEMM
Amendment 390 #

2022/0066(COD)

Proposal for a directive
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offlinOftentimes, perpetrators of such incitement online are public figures who, due to a presumed impunity, have the effect of legitimising and emboldening acts of violence offline. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. Children and youth can also be the target of violent cyber violence owing to personal characteristics such as disability, racial or ethnic origin, sexual orientation, gender identity, gender expression, sex characteristics or other grounds which, if left unaddressed, may cause social exclusion, anxiety, inducement to inflict self-harm and, in extreme situations, suicide ideation, suicide attempts or actual suicide. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
2023/02/02
Committee: LIBEFEMM
Amendment 430 #

2022/0066(COD)

Proposal for a directive
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim, specific needs and vulnerability. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender.
2023/02/02
Committee: LIBEFEMM
Amendment 504 #

2022/0066(COD)

Proposal for a directive
Recital 46
(46) Specialised support services should provide support to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, intersex genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 537 #

2022/0066(COD)

Proposal for a directive
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilation, who are often girls, and of intersex genital mutilation, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims.
2023/02/02
Committee: LIBEFEMM
Amendment 558 #

2022/0066(COD)

Proposal for a directive
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situation and the well-being of their children, ultimately preparing victims for an autonomous life. Member States should ensure the availability of sufficient dedicated domestic violence shelters, with an adequate geographical distribution. A variety of different models should be made available, including single-gender shelters, thereby ensuring maximum flexibility for victims. Shelters should always be available free of charge for the victim.
2023/02/02
Committee: LIBEFEMM
Amendment 587 #

2022/0066(COD)

Proposal for a directive
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with a minority racial or ethnic background, living in rural areas, women sex workers, detainees, or older women, children, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender- based violence, should receive specific protection and support.
2023/02/02
Committee: LIBEFEMM
Amendment 603 #

2022/0066(COD)

Proposal for a directive
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Special attention must be paid in awareness-raising campaignst to women andexperiencing discrimination and violence on the basis of the combination of their sex or gender and other grounds, and by victims at an increased risk of domestic violence. Prevention should also take place in formal education, in particular, through strengthening sexualityinclusive sexuality and relationships education and socio- emotional competencies, empathy and developing healthy and respectful relationshipssuch as empathy.
2023/02/02
Committee: LIBEFEMM
Amendment 632 #

2022/0066(COD)

Proposal for a directive
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement authorities in the development of trainings in particular regarding harmful gender stereotypes and prejudices, including multiple discrimination grounds, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims.
2023/02/02
Committee: LIBEFEMM
Amendment 636 #

2022/0066(COD)

Proposal for a directive
Recital 61 a (new)
(61a) Member States should recognise women's civil society organisations, including organisations working with women at a heightened risk of experiencing gender-based violence, as partners in policy development and implementation and should, where relevant, include them in the work of government bodies and committees working to combat violence against women and domestic violence. In addition, other relevant stakeholders should be consulted on relevant issues, such as social partners in relation to sexual harassment at the workplace.
2023/02/02
Committee: LIBEFEMM
Amendment 653 #

2022/0066(COD)

Proposal for a directive
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting the monitoring of the prevalence and trends of violence against women and domestic violence and design new policy strategies in this field. Data collected should include the context in which the offence took place, such as at home, at the workplace or online, as well as information about whether a victim is at a heightened risk of experiencing gender-based violence, as this will inform future targeted policy actions. It should also include whether violence was committed against victims affected by intersectional discrimination as defined in recital 11. When sharing the data collected, no personal data should be included.
2023/02/02
Committee: LIBEFEMM
Amendment 685 #

2022/0066(COD)

Proposal for a directive
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds, as well as to victims at an increased risk of domestic violence, so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5), Article 35(1) and Article 37(7).
2023/02/02
Committee: LIBEFEMM
Amendment 800 #

2022/0066(COD)

Proposal for a directive
Article 6 a (new)
Article 6 a Intersex Genital Mutilation Member States shall ensure that the following intentional conduct is punishable as a criminal offence: 1) Performing any surgical or medical procedure or hormonal treatment on the sex characteristics of a person with variations of sex characteristics, with the purpose or effect of altering such characteristics so that they align with those considered typically female or male: a. In the case the person referred to in point 1) has the capacity to provide consent to the procedure or treatment, if the person does not provide informed consent; b. In the case the person referred to in point 1) does not have the capacity to provide consent to the procedure or treatment, unless an urgent procedure or treatment is undertaken on reasonable grounds to save the person’s life or prevent serious damage to the person’s physical health. 2) Coercing a person with variations of sex characteristics to undergo any of the procedures or treatments referred to in point 1), or coercing the person holding parental responsibility to authorise any of the procedures referred to in point 1).
2023/02/02
Committee: LIBEFEMM
Amendment 912 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offences referred to in Articles 6 isand 6a are punishable by a maximum penalty of at least 5 years of imprisonment and at least 7 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 973 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 6 and 6a of at least 10 years from the time when the offence was committed.
2023/02/02
Committee: LIBEFEMM
Amendment 1042 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialised support services referred to in Articles 27, 28 and 29 to assist in securing evidence, in particular in cases of sexual violence, where the victim wishes to bring charges and make use of such services.
2023/02/02
Committee: LIBEFEMM
Amendment 1070 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex or gender and other grounds and therefore face a heightened risk of violence, as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, paying special attention to the need to avoid secondary or repeated victimisation.
2023/02/02
Committee: LIBEFEMM
Amendment 1107 #

2022/0066(COD)

Proposal for a directive
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialised support services contact victims to offer support.
2023/02/02
Committee: LIBEFEMM
Amendment 1176 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point e
(e) how to cater to the enhanced protection and support needs of victims experiencing discrimination based on a combination of sex or gender and other grounds;
2023/02/02
Committee: LIBEFEMM
Amendment 1294 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals on identifying and providing appropriate support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex or gender and other grounds of discrimination.
2023/02/02
Committee: LIBEFEMM
Amendment 1314 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, easily accessible rape crisis or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence, which should clarify whether the motives were related to the sex or gender and other personal characteristics of the victim. These centres shall provide for medical and forensic examinations, trauma support and psychological counselling, after the offence has been perpetrated and for as long as necessary thereafter. Where the victim is a child, such services shall be provided in a child-friendly manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1339 #

2022/0066(COD)

Proposal for a directive
Article 29 a (new)
Article 29a Specialist support for victims of intersex genital mutilation 1. Member States shall ensure that victims of intersex genital mutilation are provided with effective support, including gynaecological, psycho-social, psychological and trauma care and counselling tailored to the specific needs of such victims, after the offence has been committed and for as long as necessary thereafter. This shall also include access to treatment and medications needed as a consequence of intersex genital mutilation. 2. Article 27(3) and (6) and Article 28(2) shall apply mutatis mutandis to the provision of support to victims of intersex genital mutilation referred to in paragraph 1 of this Article.
2023/02/02
Committee: LIBEFEMM
Amendment 1377 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence, including by ensuring that there is access to single- gender shelters. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living.
2023/02/02
Committee: LIBEFEMM
Amendment 1431 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, victims of so-called "honour crimes" or LBTIQ women and other LGBTIQ people subject to gender-based violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1481 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, capacitating society with the knowledge to understand consent and identify and address instances of violence, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1491 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation, intersex mutilation and other harmful practices.
2023/02/02
Committee: LIBEFEMM
Amendment 1521 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians and midwives, shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation, intersex genital mutilation and other harmful practices.
2023/02/02
Committee: LIBEFEMM
Amendment 1536 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 5
5. Without affecting media freedom and pluralism, Member States shall encourage and support the setting up of media training activities by media professionals’ organisations, media self- regulatory bodies and industry representatives or other relevant independent organisations, to combat stereotypical portrayals of women and men, sexist images of women, and victim- blaming in the media, aimed at reducing the risk of all forms of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1579 #

2022/0066(COD)

Proposal for a directive
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic, domestic violence, or specialised non-governmental organisations working with vulnerable women and victims at a heightened risk of violence, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
2023/02/02
Committee: LIBEFEMM
Amendment 1626 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
(ba) the number of victims who experienced violence, disaggregated by the ground or multiple grounds which motivated the offense.
2023/02/02
Committee: LIBEFEMM
Amendment 5 #

2022/0021(COD)

Proposal for a regulation
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. However, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholder in their internal decision-making may lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union as well as public interests in general. In order to prevent this scenario, the positions of European stakeholders should be duly reflected in the decisions of the European standardisation organisations and of the national standardisation bodies. Furthermore, the participation of legal entities which are not incorporated in the Member State concerned shall not amount to impede the adoption of any decision concerning European standards and European standardisation deliverables supported by the majority of all the other stakeholders participating in the national standardisation bodies.
2022/05/20
Committee: IMCO
Amendment 10 #

2022/0021(COD)

Proposal for a regulation
Recital 5
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as the views of all stakeholders, including SMEs, consumer organisations, environmental and social stakeholders, and public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012.
2022/05/20
Committee: IMCO
Amendment 19 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a a (new)
2a a. The decisions of the national standardisation bodies shall reflect the outcome of the consultation and the consensus-building process with all stakeholders, taking in due account the positions of stakeholders and legal entities incorporated in the territory of the Member State concerned.
2022/05/20
Committee: IMCO
Amendment 2 #

2021/2185(INI)

Draft opinion
Paragraph 1
1. Recalls that competition policy is vital to strengthening and ultimately completingproper functioning of the single market in that it provides a fair and level playing field for all market participants, especially for small and medium-sized enterprises, enables the growth of innovative businesses and guarantees a high level of consumer protection and choice by increasing variety of goods and services available, not only in terms of lowest price but also in terms of quality features;
2022/01/13
Committee: IMCO
Amendment 4 #

2021/2185(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Recalls that consumer welfare is and remains an essential aspect of competition policy; underlines in this perspective that consumers’ interests go beyond low prices only and include other aspects such as quality, sustainability, environmental protection, innovation, ethics, fair-trade aspects and long-term societal impacts; adds that a focus on lowest-possible consumer prices only ignores the negative externalities associated with certain types of production;
2022/01/13
Committee: IMCO
Amendment 7 #

2021/2185(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Stresses that EU competition rules shall contribute to the Union’s objectives as defined in Article 3 of the Treaty on European Union; considers that competition rules should not hamper, but promote sustainability goals, including through sustainability agreements, if they benefit consumers;
2022/01/13
Committee: IMCO
Amendment 9 #

2021/2185(INI)

Draft opinion
Paragraph 2
2. Recalls that services represent the largest economic activity in the EU in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacles to the development of the single market for services, including through the enforcement of competition rul; highlights the need to address the remaining unjustified, disproportionate and discriminatory obstacles to the development of the single market for services, including through the enforcement of competition rules; underlines that services of general economic interest may be subject to specific rules to protect citizens’ access to basic public services; takes note of the ongoing assessment by the Commission of those rules for healthcare and social services;
2022/01/13
Committee: IMCO
Amendment 12 #

2021/2185(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Urges the Commission to take the general public interests of affordable housing and sustainable urban development into account in the revision of rules on services of general economic interest (SGEI) and State Aid, so as to allow national, regional and local authorities to support housing for all groups, whose needs for decent and affordable housing cannot be easily met under market conditions; recalls that Parliament called on the Commission to adapt the target group definition of social housing in its Resolution of 21 January 2021 on Access to decent and affordable housing for all (2019/2187(INI)); highlights that house prices have seen an annual increase of 6.8 % in the euro area and 7.3 % in the EU in the second quarter of 2021, at a time when many households have seen their income decrease;
2022/01/13
Committee: IMCO
Amendment 28 #

2021/2185(INI)

Draft opinion
Paragraph 4
4. Underlines that current merger control rules are not fit for dealing with so- called ‘killer acquisitions’ by dominant players in digital markets; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the Commission in the framework of the DMA, as set out in IMCO’s reporthave a detrimental effect on consumer choice; calls for a mandatory opinion of the European Data Protection Board in case of concentrations involving one or more operators in the digital sector on the relevance of datasets for the intended concentration, the personal data that the target acquisition processes and the potential impact on the rights to privacy and data protection that the intended concentration has;
2022/01/13
Committee: IMCO
Amendment 32 #

2021/2185(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Emphasizes the characteristics of digital markets, such as the role, aggregation and use of data, multi-sided markets, direct and indirect network effects, multihoming, non-monetary switching costs other than pricing, such as the network users have built up, learning costs and users’ platform specific reputation or ratings; underlines that the power that digital players have over consumers, which is driven by the role of data and the role of direct and indirect network effects, is currently not reflected in traditional market definitions, which often focus mainly on pricing and profits, such as the small but significant and non- transitory increase in price (SSNIP) test; welcomes the review of the market definition notice to better assess digital markets and urges the Commission to take non-monetary factors into account when defining digital markets and positions of power on such markets, such as switching costs other than pricing, and also when assessing market power, such as power over consumers, potential impact on fundamental rights, privacy and data protection and potential impact on society and democracy.
2022/01/13
Committee: IMCO
Amendment 34 #

2021/2185(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Stresses the importance of helping consumers and users to gain greater control over the use of their data and calls for a high level of protection of personal data; calls in this regard for clear rules on data sharing that do not undermine consumers’ rights to data protection and privacy and allow them to effectively take control of their data; underlines the crucial role of interoperability in lowering switching costs in digital markets and increasing consumer welfare by consumer choice, including the choice for more privacy-friendly, sustainable or social alternatives;
2022/01/13
Committee: IMCO
Amendment 35 #

2021/2185(INI)

Draft opinion
Paragraph 4 c (new)
4 c. Emphasizes that the lack of General Data Protection Regulation (GDPR) enforcement in Ireland benefits a small number of large digital platforms competitively by tolerating privacy breaches for data collection and thus increasing data concentration;
2022/01/13
Committee: IMCO
Amendment 36 #

2021/2185(INI)

Draft opinion
Paragraph 4 d (new)
4 d. Notes that large digital players use their market power, power over consumers, large financial resources and data concentration in one market to leverage into another; stresses that small players cannot compete with aforementioned factors, which makes European citizens even more dependent on the same small number of companies and endangers strategic autonomy; calls for increased scrutiny of the leveraging of dominant positions in digital sectors into other sectors, taking these factors into account, instead of solely focusing on the digital markets or sectors in the review of merger scrutiny;
2022/01/13
Committee: IMCO
Amendment 38 #

2021/2185(INI)

5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice; welcomes the Commission’s sector inquiry into the IoT and calls on the Commission to take further action regarding standards, data portability and access; emphasizes in this regard that open source software and open data principles are crucial to ensure fair competition and allow for innovation;
2022/01/13
Committee: IMCO
Amendment 40 #

2021/2185(INI)

Draft opinion
Paragraph 6
6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerns regarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; stresses that the digitalisation of the automotive sector raises also concerns in terms of competition due to third-party service providers lacking access to interfaces and in-vehicle data that is controlled by the vehicle’s manufacturers; _________________ 1 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 2 OJ C 130, 19.5.2010, p. 1.
2022/01/13
Committee: IMCO
Amendment 46 #

2021/2185(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Furthermore, underlines the need for General Block Exemption Regulation1a (GBER) provisions to be aligned with EU policy objectives to ensure policy coherence; welcomes that the draft revised GBER further recognises renewable energies and biodiversity protection measures; stresses however that clear, stringent and enforceable criteria and targets should be set for allowing state aid to low-carbon hydrogen; _________________ 1a Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187 26.6.2014, p. 1)
2022/01/13
Committee: IMCO
Amendment 51 #

2021/2185(INI)

Draft opinion
Paragraph 7
7. Notes the continued impact of the COVID-19 pandemic on the EU economy and the risks and opportunities it poses to the internal market; welcomes the Commission’s decision to prolong the temporary framework for State aid until 30 June 2022, but highlights that these measures should remain in place until gross domestic product and employment return to pre-pandemic leveltemporary; adds that state aid guaranteed under these extraordinary circumstances should help promoting competitiveness and safeguarding jobs, while not putting into question consumers’ rights;
2022/01/13
Committee: IMCO
Amendment 55 #

2021/2185(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Takes note that 80,1% of State aid approved was notified by only 3 Member States, with 51.5%only for Germany; calls on the Commission to assess the impact of this high concentration of State aid on the internal market;
2022/01/13
Committee: IMCO
Amendment 56 #

2021/2185(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Deplores that no green conditioning was attached to the 670 decisions approving €3 trillion of state aid under the temporary framework; regrets in particular that more than 40 decisions allowed state aid to airlines, airports and ground handling companies without requiring these companies to adopt transition plans toward more sustainable business models;
2022/01/13
Committee: IMCO
Amendment 57 #

2021/2185(INI)

Draft opinion
Paragraph 7 c (new)
7 c. Reiterates that it is crucial to ensure policy coherence by setting the right competition rules to foster the right investment incentives; welcomes the process launched by the Commission to reflect on the role that competition policy can play to support the green, digital transitions as well as the EU industrial strategy; takes note in this regard of the State Aid Guidelines for Climate, Environmental Protection and Energy that have been released in December 2021; welcomes that the guidelines acknowledge that measures that directly or indirectly involve support to fossil fuels, in particular the most polluting ones, often have negative environmental externalities on the market; stresses that therefore those measures should never receive a positive assessment; stresses that where efforts to price in negative externalities already exist, such as in the Emission Trading System, competition policy should support these efforts and not counteract them;
2022/01/13
Committee: IMCO
Amendment 58 #

2021/2185(INI)

Draft opinion
Paragraph 7 d (new)
7 d. Underlines that competition policy must be in line with the priorities outlined in the European Green Deal and the objectives of the Paris Agreement and the Union’s climate and biodiversity targets; stresses the need for a horizontal obligation to assess the environmental impact of all state aid;
2022/01/13
Committee: IMCO
Amendment 59 #

2021/2185(INI)

Draft opinion
Paragraph 7 e (new)
7 e. Notes that if enterprises come together to set minimum standards with regard to environmental standards and social conditions, they must not be limited by competition law, if it contributes to environmental and social goals and benefits consumers; emphasizes that the horizontal guidelines on the application of Article 101(3) TFEU should be revised, in order to provide further guidance on collaborations which “contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit" in light of the Green Deal, where, in particular, environmental and social benefits should be taken into account, as well as long-term benefits which can be expected to arise when companies jointly set minimum standards;
2022/01/13
Committee: IMCO
Amendment 60 #

2021/2185(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to adapt competition rules and ensure their enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global markets and to protect the security of energy supplies in the European Union, thus reducing price volatility and combating the rise in energy prices, which accounts for around half of the increase in the inflation rate;deleted
2022/01/13
Committee: IMCO
Amendment 74 #

2021/2185(INI)

Draft opinion
Paragraph 9 a (new)
9 a. Adds that in order to ensure a level playing field in the single market and in global context, measures to effectively address social, environmental and fiscal dumping are needed; calls therefore on the Commission to establish an ambitious legal framework to verify compliance with social, environmental and human rights’ requirements as under EU law and international conventions;
2022/01/13
Committee: IMCO
Amendment 1 #

2021/2098(INI)

Motion for a resolution
Citation 3
— having regard to Articles 2, 3, 14, 15, 21, 31, 32 and 35 of the Charter of Fundamental Rights of the European Union,
2022/03/11
Committee: EMPL
Amendment 2 #

2021/2098(INI)

Motion for a resolution
Citation 3 a (new)
— having regard to the European Pillar of Social Rights, in particular principle 10
2022/03/11
Committee: EMPL
Amendment 3 #

2021/2098(INI)

Motion for a resolution
Citation 3 b (new)
— having regard to the United Nations Convention on the Rights of Persons with Disabilities,
2022/03/11
Committee: EMPL
Amendment 9 #

2021/2098(INI)

Motion for a resolution
Citation 10 a (new)
— having regard to its resolution of 17 February 2022 entitled Empowering European youth: post-pandemic employment and social recovery
2022/03/11
Committee: EMPL
Amendment 10 #

2021/2098(INI)

Motion for a resolution
Citation 10 b (new)
— having regard to the report of the European Youth Forum of 2021 entitled “Beyond Lockdown: the ‘pandemic scar’ on youth” ;
2022/03/11
Committee: EMPL
Amendment 12 #

2021/2098(INI)

Motion for a resolution
Citation 15 a (new)
— having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services
2022/03/11
Committee: EMPL
Amendment 13 #

2021/2098(INI)

Motion for a resolution
Citation 15 b (new)
— having regard to Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation;
2022/03/11
Committee: EMPL
Amendment 14 #

2021/2098(INI)

Motion for a resolution
Citation 15 c (new)
— having regard to Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time
2022/03/11
Committee: EMPL
Amendment 29 #

2021/2098(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas Eurofound found in its COVID-19 surveys that the pandemic posed many challenges for workers working remotely, with consequences in relation to the organisation of working time, well-being, and the physical work environment, all these aspects negatively affecting mental health;
2022/03/11
Committee: EMPL
Amendment 33 #

2021/2098(INI)

Motion for a resolution
Recital B f (new)
Bf. whereas teleworking has brought positive consequences such as increased flexibility and autonomy and in some cases, a better work-life balance; whereas these positive gains do not however outweigh the perceived negative consequences such as over-connection and technostress, breach of the right to disconnect and work-life balance, blurring of lines between professional and private life, longer working hours including working in free-time, increasing addiction to screens, lack of available ergonomic office equipment at home, increased worker surveillance by artificial intelligence (AI) systems, and lack of social interaction11a; whereas Eurofound data show that teleworkers are twice as likely to exceed the 48-hour working time limit, take insufficient rest and work in their free time, with knock-on effects on their physical and mental health; whereas psychosocial risks are the most prevalent health risks associated with teleworking; whereas a higher prevalence of teleworking has also resulted in long working hours and work-related stress;12a __________________ 11a EU-OSHA, Telework and health risks in the context of the COVID-19 pandemic: evidence from the field and policy implications, Publications office of the European Union, Luxembourg, 2021 12a Eurofound, Right to disconnect: Exploring company practices, 2021
2022/03/11
Committee: EMPL
Amendment 36 #

2021/2098(INI)

Motion for a resolution
Recital B i (new)
Bi. whereas increasingly, employers use digital tools such as apps, software and AI to manage their workers; whereas algorithmic management presents new challenges for the future of work, such as technology-enabled control and surveillance through prediction and flagging tools, remote real-time monitoring of progress and performance and time-tracking, automated behavioural nudges which can generate excessive speed and efficiency pressure for workers, track employees’ behavioural patterns, exacerbate discriminatory practices and entail significant risks for, workers’ health and safety, notably including mental health, workers’ right to privacy and human dignity13a; __________________ 13a Workplace Monitoring & Surveillance, Data & Society, Mateescu, A., Nguyen, A., Explainer: February 2019
2022/03/11
Committee: EMPL
Amendment 46 #

2021/2098(INI)

Motion for a resolution
Recital C
C. whereas the COVID-19 pandemic has disproportionately affected the mental well-being of those facing financial uncertainty or care responsibilities, with women constituting a majority of these groups, as well as of vulnerable populations, including ethnic minorities, the LGBTI+ community, the elderly, persons with disabilities and young people; , neurodiverse people, workers in non-standard forms of work and young people; whereas mental health problems doubled amongst people aged between 15 and 24 in most countries during the pandemic; whereas young people are 30% to 80% more likely to experience depression or anxiety than adults14a; whereas suicide is the second leading cause of death for adolescents aged 15 to 19 and as consequence 3 lives per day are lost to suicide in Europe15a; __________________ 14a Organisation for Economic Co- operation and Development (OECD), Supporting young people’s mental health through the COVID-19 crisis, 2021 15a UNICEF, The state of the World’s Children 2021. On my Mind: Promoting, protecting and caring for children’s mental health, 2021
2022/03/11
Committee: EMPL
Amendment 49 #

2021/2098(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the pandemic unleashed a steep increase in caring responsibilities in combination with working, affecting women disproportionately and widening the gender disparity in unpaid care; whereas this negatively impacted the mental health of people with care responsibilities16a; __________________ 16a EIGE, 2021 Gender Equality Index.
2022/03/11
Committee: EMPL
Amendment 51 #

2021/2098(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the pandemic has significantly impacted young people’s employment and income, with many experiencing job loss and a decrease of their income, therefore negatively impacting their mental health and well- being17a; __________________ 17a https://www.youthforum.org/files/Europe an20Youth20Forum20Report20v1.2.pdf
2022/03/11
Committee: EMPL
Amendment 65 #

2021/2098(INI)

Motion for a resolution
Recital E
E. whereas workplace issues that affect mental health include job burn-out or bore-out, harassment, violence, stigma and discrimination and lack of ability to grow or be promoted; whereas one in four European workers feel work has a negative impact on their health12 ; __________________ 12 Eurofound, 6th European Working Condition Survey, 2017.
2022/03/11
Committee: EMPL
Amendment 67 #

2021/2098(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas persons with a history of mental ill health are among those facing the greatest barriers accessing the labour market and therefore are often afraid to disclose these issues with their employer or colleagues; whereas these people are more than average unemployed and lack the support needed to access and retain employment;
2022/03/11
Committee: EMPL
Amendment 71 #

2021/2098(INI)

Motion for a resolution
Recital F
F. whereas the costs of mental ill health are estimated at more than 4 % of GDP across all EU Member States; whereas the cost of work-related depression has been estimated at EUR 620 billion a year, resulting in EUR 240 billion lost economic output13 ; whereas the prevention-related budgets across all EU Member States remain low at 3% of total health expenditure21a; __________________ 13 Opinion of the Expert Panel on Effective Ways of Investing in Health (EXPH): ‘Supporting mental health of health workforce and other essential workers‘, 2021. 21a Eurostat, available at https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/ddn-20210118-1
2022/03/11
Committee: EMPL
Amendment 76 #

2021/2098(INI)

Motion for a resolution
Recital F c (new)
Fc. whereas inaccessible digital environments can cause distress, frustration and further fatigue for many workers with disabilities having a negative impact on their mental health, and the obligation of providing reasonable accommodation also applies in digital workplaces;
2022/03/11
Committee: EMPL
Amendment 81 #

2021/2098(INI)

Motion for a resolution
Recital F h (new)
Fh. whereas there is a risk of certain workers being coerced into working remotely on a permanent basis, particularly older workers and workers with disabilities, as a way of avoiding making workplaces accessible; whereas these categories are already at increased risk of social exclusion and the mental health problems that come from being cut off from the community around them; whereas it must therefore be ensured that remote working is a choice and not an obligation;
2022/03/11
Committee: EMPL
Amendment 83 #

2021/2098(INI)

Motion for a resolution
Recital F j (new)
Fj. whereas in 2020, 11% of individuals between 55 and 64 have never used the internet; whereas the pandemic and telework context has put under particular stress workers who lack basic digital skills22a; __________________ 22a Eurostat
2022/03/11
Committee: EMPL
Amendment 93 #

2021/2098(INI)

Motion for a resolution
Paragraph 2
2. Stresses that the COVID-19 pandemic and subsequent economic crisis have caused a huge strain on the well-being of EU citizens, with higher rates of stress, anxiety and depression; , particularly among young people23a; __________________ 23a Organisation for Economic Co- operation and Development (OECD), Supporting young people’s mental health through the COVID-19 crisis, 2021
2022/03/11
Committee: EMPL
Amendment 96 #

2021/2098(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Stresses that the COVID-19 pandemic has had a negative impact on the transition from education to work, and can therefore cause high levels of stress, anxiety and uncertainty for young people at the beginning of their careers, also likely to worsen their employment prospects and feed into their mental health and wellbeing issues in a vicious cycle; calls for strengthened mental health support, including from public employment services, to address the wellbeing of unemployed persons;
2022/03/11
Committee: EMPL
Amendment 105 #

2021/2098(INI)

Motion for a resolution
Paragraph 3
3. Calls for the EU institutions and Member States to recognise the high levels of mental health issueproblems across the EU and commit to actions regulating and implementing a world of work which protects workers’ mental health and social protection rights;
2022/03/11
Committee: EMPL
Amendment 119 #

2021/2098(INI)

Motion for a resolution
Paragraph 5
5. Recalls that the pandemic demonstrated the need for coordinated EU- level action to respond to health emergencies, revealing shortcomings in foresight, including in preparedness and response tools and adequate funding; calls on the Commission and the Member States to include mental health impacts in their health crisis and pandemic emergency response and preparedness work;
2022/03/11
Committee: EMPL
Amendment 125 #

2021/2098(INI)

Motion for a resolution
Paragraph 6
6. ApplaudsStands in awe of the frontline staff who sacrificed their own well-being to perform life-saving work during the pandemic; calls for Member States to ensure that they have immediate access to adequate mental health resources; stresses that essential workers, including in the health and care sectors, victim support services, education and food retail, are for a large majority women, facing greater work-related mental health risk, and stresses the particular concern for these vastly growing sectors suffering from staff shortages24a; calls for Member States to improve their salaries and working conditions and career prospects, address staff shortages and ensure that they have immediate access to adequate, accessible, available and quality mental health resources; __________________ 24a EIGE, Gender-Equality Index (2021), p. 35
2022/03/11
Committee: EMPL
Amendment 131 #

2021/2098(INI)

Motion for a resolution
Paragraph 7
7. Recognises that employment can provide individuals with purpose and a sense of identity, as well as financial security and independence; emphasises the positive relationship between good mental health and work productivity;14 __________________ 14 OSHWiki, Mental Health at Workerformance as well as extended working lives; emphasises the fact that improving mental health at work has many positive outcomes for individuals, employers, societies at large as well as public budgets; calls for the obligation for employers to set targets and defining relevant indicators to reduce work-related stress in consultation with workers via trade unions and workers’ health and safety representatives;
2022/03/11
Committee: EMPL
Amendment 137 #

2021/2098(INI)

Motion for a resolution
Paragraph 8
8. Recalls that proactive approaches to digitalisation, such as flexible work hours and establishing employeeworker assistance programmes, can help to mitigate work- related stress; notes that artificial intelligence systems may provide further options for this, when workers and their trade unions are duly informed and consulted;
2022/03/11
Committee: EMPL
Amendment 145 #

2021/2098(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Stresses the need to protect workers against exploitation by employers in the use of AI and algorithmic management, including prediction and flagging tools to predict employees behaviour and identify or deter rule- breaking or fraud by workers, real-time monitoring of progress and performance and time tracking software, automated behavioural nudges; calls for a ban on surveillance of workers; calls on the Commission and Member States to present a proposal to ensure appropriate protection of workers’ rights and well- being, including mental health, and fundamental rights, such as non- discrimination, privacy, human dignity in an increasingly digitalised workplace;
2022/03/11
Committee: EMPL
Amendment 147 #

2021/2098(INI)

Motion for a resolution
Paragraph 8 d (new)
8d. Emphasises that the use of technology and artificial at the work place should never be used to the detriment of the mental health and well-being of workers; Notes that deployment of artificial intelligence at work must not lead to excessive monitoring in name of productivity nor result in workers’ surveillance;
2022/03/11
Committee: EMPL
Amendment 148 #

2021/2098(INI)

Motion for a resolution
Paragraph 8 e (new)
8e. Notes that there is a wide digital gender gap in specialist skills and employment in the ICT sector, where only 18% are women and 82% men25a; whereas it is vital for technology systems to be designed in an inclusive way, to avoid discrimination, mental health issues or harm caused by a non-inclusive design; urges the Commission and Member States to work together to close the digital gender gap of women in STEM, and look into providing incentives for ICT organisations to hire a diverse workforce; __________________ 25a European Commission, Women in Digital Scoreboard 2020
2022/03/11
Committee: EMPL
Amendment 152 #

2021/2098(INI)

Motion for a resolution
Paragraph 9
9. Welcomes Directive (EU) 2019/1158 on work-life balance for parents and carers as it provides flexibility and alleviates work-related issues; stresses however, that women continue to be disproportionately affectedtake up the bulk of caring duties which continues to have a negative impact on pay, personal development, career progression and pension entitlements, which needs to be addressed; Encourage the Member States to go beyond the provisions of the Directive; invites Member States to improve the number of days granted for carers’ leave and provide remuneration to informal carers taking leaves;
2022/03/11
Committee: EMPL
Amendment 159 #

2021/2098(INI)

Motion for a resolution
Paragraph 10
10. Notes that the shift to teleworking during the pandemic and the flexibility it provided to employeeworkers could improve work- life balance; encourages companies to provide clear and transparent rules on teleworking arrangement when the right framework is in place ensuring that remote working is a choice and not an obligation with the close involvement of workers and trade unions; acknowledges that an excessive amount of remote work can negatively affect workers’ health as a result of increased working hours, over-connection and feelings of loneliness, making it also harder for the employer or co-workers to catch early signals that someone is struggling with poor mental health; calls on the Commission to propose a legislative framework with a view to establishing minimum requirements for telework across the Union to be developed in consultation with Member States and the European social partners, with full respect for national labour market models; calls on the Commission and the Member States to pay particular attention to persons with mental or physical disabilities; stresses that the working conditions of teleworkers are equivalent to those working on-site and that specific measures need to be taken to follow up and support the wellbeing of remote workers;
2022/03/11
Committee: EMPL
Amendment 170 #

2021/2098(INI)

Motion for a resolution
Paragraph 11
11. Considers the right to disconnect essential to ensuring the mental well-being of employees; reiterates its calls on the Commission to propose legislation requiring line manag in particular for female workers, who are more likely to combine work with caring responsibilities, and workers in non-standard forms of work such as platform work; recalls its request for the Commission to include the right to disconnect in the strategic framework for occupational safety and health and, explicitly, to develop new psychosocial measures as part of the framework; calls on the Commission to propose, in consultation with the social partners, a directive on minimum standards and conditions to ensure that all workers are able to exercise effectively their right to disconnect and to regulate the use of existing and new digital tools for work purposes in line with its resolution of 21 January 2021; reiterates its calls on the Commission to propose legislation requiring employers to set minimum requirements for remote working;
2022/03/11
Committee: EMPL
Amendment 177 #

2021/2098(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes, however, that teleworking is not yet available to all workers due to insufficient digital skills levels and that the increased use of home-based telework during the COVID-19 pandemic has aggravated the pre-existing digital divides across EU-countries and across population groups within countries; stresses the importance of fighting against the digital divide in Europe and the necessity of retraining in order to ensure a sufficient level of digital skills for all workers; calls for more targeted investments into the provision of digital skills, in particular to groups which are more digitally excluded, such as persons with low socio-economic status, low educational background, older persons and persons living in rural and remote areas;
2022/03/11
Committee: EMPL
Amendment 182 #

2021/2098(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Stresses that the provision of accessibility and reasonable accommodation is applicable in work- related digital environments and, therefore, employers should put in place measures to adapt and ensure fair and equal working conditions for persons with disabilities, including those with mental health issues, including the compliance with relevant digital accessibility standards derived from Directive (EU) 2019/882, as well as the provision of reasonable accommodation to accommodate the needs of persons with disabilities and prevent any mental health problem among the workers;
2022/03/11
Committee: EMPL
Amendment 191 #

2021/2098(INI)

Motion for a resolution
Paragraph 13
13. Is concerned about the disconnect between current policy on mental health and attitudes in the workplace creating stigma; emphasises that due to stigma and discrimination, employees often feelare unable to discuss mental health issues; recognises that employees who return after mental health leave are often poorly accommodated; calls for workplaces to develop or provide clear information about, their in- house mental health support services or access to external services;15 __________________ 15 WTW, 2021 Employee Experience Survey
2022/03/11
Committee: EMPL
Amendment 194 #

2021/2098(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Reminds that harassment and discrimination on multiple grounds exist in the workplace and are a frequent source of stress and disconnection from the workplace; reminds that in particular discrimination on the grounds of age, disability, sex, gender and sexual orientation, racialised perceptions, educational or socio-economic status and belonging to perceived minorities are widespread and should be addressed; considers any form of harassment in the workplace to be a serious cause for mental health issues, particularly affecting women, including new avenues for such behaviours by digitalisation of work, whereas organisations often do not have anti-harassment policy in place, nor prevention measures; deems it important to include anti-harassment policy in health and safety measures at work;
2022/03/11
Committee: EMPL
Amendment 218 #

2021/2098(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to propose, in consultation with the social partners, a directive on psychosocial risks and well-being at work aiming to effectively prevent psychosocial risks in the workplace; considers that occupational safety and health prevention policies should also involve employees in the identification and prevention of psychosocial riskare the responsibility of the employers but should also involve workers and trade unions in the conception and implementation of measures to identify and prevent psychosocial risks; considers the need to guarantee no repercussions for workers who raise concerns regarding psychosocial risks at the workplace; considers the need to provide adequate means for labour inspectorates, including further funding and training to ensure that they can adequately protect workers;
2022/03/11
Committee: EMPL
Amendment 221 #

2021/2098(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on Member States to ensure the establishment of more committees on health and safety at work in order to ensure more frequent and accurate risk assessments and to strengthen the prerogatives of existing health and safety committees by giving them rights to invoke external expertise, including independent, third-party evaluations of exposure to work-related psychosocial risks;
2022/03/11
Committee: EMPL
Amendment 225 #

2021/2098(INI)

Motion for a resolution
Paragraph 16
16. Considers that it is essential for managall workers to be provided with the psychosocialraining on the prevention of work-related psychosocial risks and for managerial staff to receive specialised training required to proactively adapt to work organisation practices and foster a deep understanding of negative mental health and the workplacework-related risks causing poor mental health; encourages employers to foster a positive approach, policies and practice to good occupational mental health and well-being; underlines that social partners must play a central role in the design and implementation of both trainings and best practices to guarantee their success;
2022/03/11
Committee: EMPL
Amendment 233 #

2021/2098(INI)

Motion for a resolution
Paragraph 17
17. Underlines that given the lack of sufficient mental health support and policies in the workplace, employeeadequate procedures to address work- related psychosocial risks as well as insufficient mental health support, workers often have to rely on services provided by non- governmental organisations (NGOs); calls for workplaces to ensure employees have access to in-house mental health support and remedies, many of whom are chronically under- resourced and faced with additional significant human and funding strains during the pandemic; calls for workplaces to encourage mental health literacy and ensure workers have access to quality and targeted in-house mental health support and remedies or be provided access to external supports at the expense of the employer should in-house services be unavailable; calls for workplaces to execute external audits on the wellbeing and safety of their workers, as to oversee where improvements can be made;
2022/03/11
Committee: EMPL
Amendment 244 #

2021/2098(INI)

Motion for a resolution
Paragraph 18
18. Encourages the Commission to launch education and awareness initiatives on mental health in the workplace; urges the Commission to make 2023 the EU Year of Good Mental Health to achieve this; calls on the Commission to study the feasibility of establishing a common EU helpline number for mental health support; calls on the Commission to dedicate an adequate budget to relevant calls for proposals under its EU4Health, work programme, Erasmus+, HorizonEurope, DigitalEurope and other EU programmes;
2022/03/11
Committee: EMPL
Amendment 245 #

2021/2098(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Urges the Commission to consider adding psychosocial health and well- being indicators and targets to its revised Social Scoreboard; urges the Commission to reflect the occupational health and safety considerations in the annual European Semester cycle, as well as the monitoring of the implementation of the national Recovery and Resilience Plans of the Member States; recommends the Commission and the Member States to apply the Health Equity Impact Assessments in relation to mental health impacts of existing and planned employment and digital work policies;
2022/03/11
Committee: EMPL
Amendment 247 #

2021/2098(INI)

Motion for a resolution
Paragraph 18 c (new)
18c. Reminds that employers’ responsibility for occupational health and safety continues to apply in a telework context; calls for support in the provision of ergonomic equipment, guidance on ergonomic workspaces at home and on the importance of taking regular breaks and ensuring human interaction;
2022/03/11
Committee: EMPL
Amendment 250 #

2021/2098(INI)

Motion for a resolution
Paragraph 19
19. Recognises that the lack of statistics on the prevalence of mental health issues within the workplace undermines the need for urgent intervention; calls for Eurostat to gather statistics disaggregated by gender, age and other relevant features which include mental ill health and its negative impacts, risk factors leading to mental ill health and the impact of poor mental health;
2022/03/11
Committee: EMPL
Amendment 258 #

2021/2098(INI)

Motion for a resolution
Paragraph 21
21. Points out that 64 % of young people between 18 and 34 were at risk of depression in 2021 due to lack of employment, financial and educational prospects, as well as loneliness and social isolation, with young women and young people in marginalised situations more severely affected; calls on the Commission to address the disruption in access to the labour market which has put young people at greater risk of experiencing mental health issues17 and take action to support young people in accessing and retaining adequate employment; __________________ 17 OECD, Supporting young people’s mental health through the COVID-19 crisis, 2021, and European Youth Forum, ‘Beyond Lockdown: The ‘Pandemic Scar’ on Young People’.
2022/03/11
Committee: EMPL
Amendment 168 #

2021/0414(COD)

Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving working conditions in platform work and algorithmic management of work (Text with EEA relevance)
2022/06/10
Committee: EMPL
Amendment 176 #

2021/0414(COD)

Proposal for a directive
Recital 2
(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 216 of the Charter recognises the freedomprovides for the right to cnonduct a business- discrimination.
2022/06/10
Committee: EMPL
Amendment 180 #

2021/0414(COD)

Proposal for a directive
Recital 3
(3) Principle No 5 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 201753 , provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training; that, in accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context is to be ensured; and that innovative forms of work that ensure quality working conditions are to be fostered, that entrepreneurship and self- employment are to be encouraged and that occupational mobility is to be facilitated. The Porto Social Summit of May 2021 welcomed the Action Plan accompanying the Social Pillar54 as guidance for its implementation. __________________ 53 Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, ‘The European Pillar of Social Rights Action Plan’, COM(2021) 102 final, 4.3.2021.
2022/06/10
Committee: EMPL
Amendment 188 #

2021/0414(COD)

Proposal for a directive
Recital 4
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility and has led to employment opportunities, while also carrying some risks for employment and working conditions, putting the solidarity based social protection system for current and future generations under pressure. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms, while carrying risks for working conditions, health and safety and fundamental rights.
2022/06/10
Committee: EMPL
Amendment 200 #

2021/0414(COD)

Proposal for a directive
Recital 5
(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. By means of the algorithms, the digital labour platforms may control, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders.
2022/06/10
Committee: EMPL
Amendment 213 #

2021/0414(COD)

Proposal for a directive
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. At the same time, platform work brings challenges, as it can blur the boundaries between employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
2022/06/10
Committee: EMPL
Amendment 226 #

2021/0414(COD)

Proposal for a directive
Recital 7
(7) Court cases in several Member States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control over the remuneration and performance of work. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various wayand contractual relationships with persons performing platform working various ways in order to escape their responsibilities as employers, thus increasing the lack of legal certainty over the employment status.
2022/06/10
Committee: EMPL
Amendment 236 #

2021/0414(COD)

Proposal for a directive
Recital 8
(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lackdo not have access to information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. The lack of transparency allows digital labour platforms to set working conditions and terms of employment unilaterally. Moreover, persons performing platform work often do not even know the reasons for decisions taken or supported by automated systems and lack the possibility to obtain an explanation for these decisions, to discuss those decisions with a contact person or to contest them and to seek redress. This creates severe power imbalances between workers and the platforms, which this Directive should counterbalance and address with strong rights for workers.
2022/06/10
Committee: EMPL
Amendment 251 #

2021/0414(COD)

Proposal for a directive
Recital 10
(10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council55 on transparent and predictable working conditions, Directive 2003/88/EC of the European Parliament and of the Council56 on working time, Directive 2008/104/EC of the European Parliament and of the Council57 on temporary agency work, and other specific instruments on aspects such as health and safety at work, pregnant workers, work-life balance, fixed-term work, part-time work, posting of workers, information and consultation of workers, among others. Furthermore, the Court of Justice ruled on numerous occasions that “stand-by time”, during which the worker’s opportunities to carry out other activities are significantly restricted, shall be regarded as working time (Judgement of the Court of 21February 2018 in Ville de Nivelles v Rudy Matzak, C-518/15, ECLI: EU:C:2018:82). This line of reasoning was confirmed and elaborated in two 2021 judgments (Judgment of the Court (Grand Chamber) of 9 March 2021 in RJ v Stadt Offenbacham Main, C- 580/19, ECLI:EU:C:2021:183; Judgement of the Court (Grand Chamber) of 9 March 2021 in -D.J. v Radiotelevizija Slovenija, C-344/19, ECLI:EU:C:2021:182). The interpretation of the Court of Justice is particularly relevant for platform workers, who spend 8.9 hours per week doing unpaid tasks, such as researching tasks, waiting for assignments, participating in contests to get assignments and reviewing work ads, which is not accounted for as working time because of misclassification. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. __________________ 55 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 56 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
2022/06/10
Committee: EMPL
Amendment 270 #

2021/0414(COD)

Proposal for a directive
Recital 13
(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuring correct determination of their employment status, at promoting transparency, fairness, non-discrimination and accountability in algorithmic management, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improving legal certainty, creating a level playing field between different digital labour platforms and towards offline providers of services and supporting the sustainable growth of digital labour platformsdevelopment of platform work in a sustainable manner in the Union.
2022/06/10
Committee: EMPL
Amendment 273 #

2021/0414(COD)

Proposal for a directive
Recital 15
(15) In addition, the Commission held extensive exchanges with relevant stakeholders, including digital labour platforms, trade unions, associations of persons performing platform work, experts from academia, Member States and international organisations and representatives of civil society.
2022/06/10
Committee: EMPL
Amendment 276 #

2021/0414(COD)

Proposal for a directive
Recital 16
(16) This Directive should apply to all persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and othershould also apply to all persons performing platform work in the Union, including those who do not have an employment relationship.
2022/06/10
Committee: EMPL
Amendment 284 #

2021/0414(COD)

Proposal for a directive
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primaronly purpose is to exploit or share assets, such as short- term rental of accommodation. It should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillarysignificant component.
2022/06/10
Committee: EMPL
Amendment 305 #

2021/0414(COD)

Proposal for a directive
Recital 19
(19) To combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should have appropriateffective procedures in place to prevent and address misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ascertain the existence of an employment relationship as defined by national law, collective agreements or practice with consideration to the case-law of the Court of Justice, and, where such employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national and international labour law, collective agreements and social protection rules. Where self- employment or an intermediate employment status – as defined at national level – is the correct employment status, rights and obligations pursuant to that status should apply.
2022/06/10
Committee: EMPL
Amendment 313 #

2021/0414(COD)

Proposal for a directive
Recital 22
(22) Where the existence of an employment relationship is established based on facts, the party acting as employer should be clearly identified and that party should fulfil all the obligations resulting from its role as employer and abide by all applicable labour, social security and tax legislation and collective agreements applicable in the relevant sector of activity.
2022/06/10
Committee: EMPL
Amendment 317 #

2021/0414(COD)

Proposal for a directive
Recital 22 a (new)
(22a) Member States should ensure compliance by applying effective and dissuasive sanctions, including the suspension of the operating licence in case of persistent infringements despite prior notice and in situations of systematic abuse of workers’ rights.
2022/06/10
Committee: EMPL
Amendment 318 #

2021/0414(COD)

Proposal for a directive
Recital 22 b (new)
(22b) Member States should ensure that the mandate of labour inspectors applies to all persons performing platform work. Given the prevalence of misclassification, labour inspectors should be required to develop proactive controls. Labour inspectors should carry out preventive controls of new digital labour platforms to prevent the risk of misclassification.
2022/06/10
Committee: EMPL
Amendment 319 #

2021/0414(COD)

Proposal for a directive
Recital 22 c (new)
(22c) The risk of undeclared work and consequently labour exploitation has been detected in digital labour platforms in many Member States, particularly through the rental of accounts to undocumented migrants in delivery platforms. To prevent such practices that further put access to labour and social protection at risk, Member States should introduce legal provisions on subcontracting that provide for joint and several liability and effective access to redress across subcontracting chains. Furthermore, Member States should take all necessary measures to ensure effective access to redress for undocumented migrants without fear of retaliation by immigration enforcement authorities.
2022/06/10
Committee: EMPL
Amendment 321 #

2021/0414(COD)

Proposal for a directive
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
2022/06/10
Committee: EMPL
Amendment 335 #

2021/0414(COD)

Proposal for a directive
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings and should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely onapply that presumption. Member States should put in place a national framework to reduce litigation and increase legal certainty.
2022/06/10
Committee: EMPL
Amendment 338 #

2021/0414(COD)

Proposal for a directive
Recital 25
(25) Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, effectively determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice, two criteria should be always fulfilled to trigger the application of the presumption,. At the same time, tThe criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self- employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely sSupervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood asshould also be considered as an element of controlling the performance of work.
2022/06/10
Committee: EMPL
Amendment 350 #

2021/0414(COD)

Proposal for a directive
Recital 26
(26) Effective implementation of the legal presumption through appropriate measures, such as disseminating information to the public, developing guidance and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. These measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the Union.
2022/06/10
Committee: EMPL
Amendment 363 #

2021/0414(COD)

Proposal for a directive
Recital 27
(27) In the interest of legal certainty, the legal presumption should not have any retroactive legal effects before the transposition date of this Directive and should therefore only apply to the period starting from that date, including for contractual relationships entered into before and still ongoing on that date. Claims relating to the possible existence of an employment relationship before that date and resulting rights and obligations until that date should therefore be assessed only on the basis of national law and Union law predating this Directive.deleted
2022/06/10
Committee: EMPL
Amendment 370 #

2021/0414(COD)

Proposal for a directive
Recital 28
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.
2022/06/10
Committee: EMPL
Amendment 383 #

2021/0414(COD)

Proposal for a directive
Recital 31 a (new)
(31a) Before each deployment of automated monitoring systems and systems to take or assist in decision- making, undertakings should perform a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle and include measures to mitigate any impact on fundamental rights, health and safety, including mental health. Where the possible impacts on fundamental rights, health and safety, including mental health, cannot be mitigated, the systems should not be put into use.
2022/06/10
Committee: EMPL
Amendment 386 #

2021/0414(COD)

Proposal for a directive
Recital 32
(32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, or are used to support decisions affecting their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work and to national labour authorities at their request, in order to enable them to exercise their functions.
2022/06/10
Committee: EMPL
Amendment 391 #

2021/0414(COD)

Proposal for a directive
Recital 32 a (new)
(32a) Certain decisions, such as dismissal or any other disciplinary measures should always be taken by humans, not by automated systems. Considering the impact for workers of such decisions, including their livelihood and fundamental rights, including social rights, there should always be a human responsible for these decisions. Humans should be fully responsible for these decisions and be able to explain and justify these decisions. These decisions should at no times be taken by automated systems, due to the risks to the rights of individuals, the exacerbation of power imbalances inherent to automated decision-making.
2022/06/10
Committee: EMPL
Amendment 394 #

2021/0414(COD)

Proposal for a directive
Recital 33
(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains cCommercial secrets or is protected by intellectual property rights. However, the result of those considerations should not bejustify a refusal to provide all the information required by this Directive.
2022/06/10
Committee: EMPL
Amendment 402 #

2021/0414(COD)

Proposal for a directive
Recital 35
(35) Digital labour platforms make extensive use of automated monitoring and decision-making systems in managing their human resources. Monitoring by electronic means can be intrusive and decisions taken or supported by such systems directly affect the persons performing platform work, who might not have a direct contact with a human manager or supervisor. Digital labour platforms should therefore regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision- making systems on working conditions and health and safety, including mental health, together with a workers’ representative. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of monitoringsupervising systems should have the necessary competence, training and authority to exercise that function and should be protected from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions. In addition to obligations under Article 22 of Regulation (EU) 2016/679, Article 7(1) and (3) of this Directive provides for distinct obligations of digital labour platforms in relation to human monitoringassessment of the impact of individual decisions taken or supported by automated systems, which apply as specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679.
2022/06/10
Committee: EMPL
Amendment 410 #

2021/0414(COD)

Proposal for a directive
Recital 37
(37) In that context, persons performing platform work should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time. Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible,and provide adequate compensation.
2022/06/10
Committee: EMPL
Amendment 418 #

2021/0414(COD)

Proposal for a directive
Recital 40
(40) Persons who do not have an employment relationship constitute a significant part of the persons performing platform work. The impact of automated monitoring and decision-making systems used by digital labour platforms on their working conditions and their earning opportunities is similar to that on platform workers. Therefore, tThe rights in Articles 6, 7 and 8 of this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management, namely those regarding transparency on automated monitoring and decision-making systems, restrictions to process or collect personal data, human monitoringassessment and review of significant decisions, should also apply to persons in the Union performing platform work who do not have an employment contract or employment relationship. The rights pertaining to health and safety at work and information and consultation of platform workers or their representatives, which are specific to workers in view of Union law, should not apply to them. Regulation (EU) 2019/1150 provides safeguards regarding fairness and transparency for self- employed persons performing platform work, provided that they are considered business users within the meaning of that Regulation. Where such safeguards conflict with elements of specific rights and obligations laid down in this Directive, the specific provisions of Regulation (EU) 2019/1150 should prevail in respect of business users.
2022/06/10
Committee: EMPL
Amendment 429 #

2021/0414(COD)

Proposal for a directive
Recital 42
(42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration.
2022/06/10
Committee: EMPL
Amendment 438 #

2021/0414(COD)

Proposal for a directive
Recital 45
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. It is therefore necessary to create secure and encrypted digital communication channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives without digital labour platforms intercepting their communications. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications.
2022/06/10
Committee: EMPL
Amendment 447 #

2021/0414(COD)

Proposal for a directive
Recital 47
(47) Given that Article 6, Article 6a, Article 7(1) and (3) and Article 8 of this Directive provide for specific rules in the context of platform work to ensure the protection of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679 and that Article 10 of this Directive applies those safeguards also in case of persons without employment contract or employment relationship, the national supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 should be competent to monitor the application of those safeguards. Chapters VI, VII and VIII of Regulation (EU) 2016/679 should apply in terms of procedural framework for the enforcement of those safeguards, in particular as regards supervision, cooperation and consistency mechanisms, remedies, liability and penalties, including the competence to impose administrative fines up to the amount referred to in Article 83(5) of that Regulation.
2022/06/10
Committee: EMPL
Amendment 449 #

2021/0414(COD)

Proposal for a directive
Recital 48
(48) Automated monitoring and decision-making systems used in the context of platform work involve the processing of personal data and affect the working conditions and rights of persons performing platform work. They therefore raise issues of data protection law as well as labour and social protection law. Data protection supervisory authorities and relevant labour and social protection authorities should therefore cooperate in the enforcement of this Directive, including by exchanging relevant information with each other, without prejudice to the independence of data protection supervisory authorities.
2022/06/10
Committee: EMPL
Amendment 450 #

2021/0414(COD)

Proposal for a directive
Recital 48 a (new)
(48a) As the rights and freedoms of individuals can be seriously undermined by automated monitoring or decision- making systems, it is essential that affected individuals should have meaningful access to reporting and redress mechanisms with the relevant national authority, be it the data protection authority or the labour inspectorate. They should be able to report infringements of this directive to their national supervisory authority and have the right to be heard and to be informed about the outcome of their complaint and the right to a timely decision. In addition, they should have the right to an effective remedy against competent authorities who fail to enforce these rights and the right to redress.
2022/06/10
Committee: EMPL
Amendment 451 #

2021/0414(COD)

Proposal for a directive
Recital 49
(49) Since one of the objective of this Directive, namely to improve working conditions in platform work, cannot be sufficiently achieved by the Member States but can rather, by reason of the need to establish common minimum requirements, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. Minimum harmonisation at Union level is necessary to improve working conditions in platform work and to protect workers’ rights across the Union considering the EU-wide dimension of many digital labour platforms, in order to avoid a Union-wide race to the bottom regarding working conditions and in order to create a level playing field for businesses that respect social standards. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
2022/06/10
Committee: EMPL
Amendment 455 #

2021/0414(COD)

Proposal for a directive
Recital 51
(51) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States should assess the impact of their transposition measures on start-ups and on small and medium- sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro- enterprises and to the administrative burden. Member States should also publish the results of such assessments.deleted
2022/06/10
Committee: EMPL
Amendment 463 #

2021/0414(COD)

Proposal for a directive
Article 1 – paragraph 1
1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status, by promoting transparency, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union.
2022/06/10
Committee: EMPL
Amendment 472 #

2021/0414(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract or employment relationship.
2022/06/10
Committee: EMPL
Amendment 489 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
(b) it is provided at the request of a recipient of the service;deleted
2022/06/10
Committee: EMPL
Amendment 494 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
(c) it involves, as a necessary and essential component, the organisation of work performed by individuals, irrespective of whether that work is performed online or in a certain location;
2022/06/10
Committee: EMPL
Amendment 495 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) ‘platform work’ means any work organised or enabled through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;
2022/06/10
Committee: EMPL
Amendment 503 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3
(3) ‘person performing platform work’ means any individual performing platform work, irrespective of the relevant contractual designation of the relationship between that individual and the digital labour platform by the parties involved;
2022/06/10
Committee: EMPL
Amendment 510 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4
(4) ‘platform worker’ means any person performing platform work who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration toand in accordance with the case-law of the Court of Justice;
2022/06/10
Committee: EMPL
Amendment 513 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5
(5) 'representatives' and 'workers' representatives' means representatives of recognised trade unions or other persons who are freely elected or who are designated by the workers in an organisations or to representat them in accordance with national law and practice. The exclusives provided for by national law or practices, or both;erogatives and rights of trade unions, such as the right of trade unions to participate in collective bargaining, and to conclude collective agreements, and workers' right to organise themselves in trade unions, shall be preserved.
2022/06/10
Committee: EMPL
Amendment 521 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘biometric data’ means biometric data within the meaning of Regulation 2016/679, meaning 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 data;
2022/06/10
Committee: EMPL
Amendment 523 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘biometrics-based data’ means data resulting from specific technical processing relating to physical, physiological, or behavioural features, signals, or characteristics of a natural persons, such as facial expressions, movements, pulse frequency, voice, keystrokes or gait.
2022/06/10
Committee: EMPL
Amendment 524 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6
(6) ‘micro, small or medium-sized enterprises’ means micro, small and medium-sized enterprises as defined in the Annex to Commission Recommendation 2003/361/EC68 . __________________ 68 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (C(2003) 1422) (OJ L 124, 20.5.2003, p. 36).deleted
2022/06/10
Committee: EMPL
Amendment 533 #

2021/0414(COD)

Proposal for a directive
Article 2 – paragraph 2
2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primaronly purpose is to exploit or share assets. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.
2022/06/10
Committee: EMPL
Amendment 542 #

2021/0414(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall have appropriatthe obligation to put effective procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
2022/06/10
Committee: EMPL
Amendment 552 #

2021/0414(COD)

Proposal for a directive
Article 3 – paragraph 2
2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved. Where the existence of an employment relationship is established based on facts, the party or parties assuming the obligations of the employer in relation to labour law, including sectorial obligations established by collective agreements, income tax and financing of social protection shall be clearly identified in accordance with national legal systems.
2022/06/10
Committee: EMPL
Amendment 558 #

2021/0414(COD)

Proposal for a directive
Article 3 – paragraph 2 a (new)
2a. Digital labour platforms exerting the prerogatives of employers are undertakings and shall comply with the corresponding employers’ obligations under national law and collective agreements applicable in the sector of activity. Platform workers shall fully enjoy the status of worker in line with national law and sectorial collective agreements, including the right to join a trade union, to organise, and bargain collectively.
2022/06/10
Committee: EMPL
Amendment 563 #

2021/0414(COD)

Proposal for a directive
Article 3 – paragraph 2 b (new)
2b. Digital labour platforms shall ensure that their contractual relationships with persons performing platform work comply at all times with the requirements of this Directive and in particular articles 4 and 5.
2022/06/10
Committee: EMPL
Amendment 579 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship and the digital labour platform shall be presumed to be the employer. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.
2022/06/10
Committee: EMPL
Amendment 594 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
The legal presumption shall apply in all relevant administrative procedures and administrative and legal proceedings. Competent authorities and administrative bodies responsible for verifying compliance with or enforcing relevant legislation shall be able to rely onapply that presumption.
2022/06/10
Committee: EMPL
Amendment 600 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Controlling the performance of work within the meadeleted effectively determining, of paragraph 1 shall be understood as fulfilling at least two of the following: (a) upper limits for the level of remuneration; (b) platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work; (c) work or verifying the quality of the results of the work including by electronic means; (d) including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes; (e) possibility to build a client base or to perform work for any third party.r setting requiring the person performing supervising the performance of effectively restricting the freedom, effectively restricting the
2022/06/10
Committee: EMPL
Amendment 612 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point a
(a) effectively determining, or setting upper limits for the level of remuneration;deleted
2022/06/10
Committee: EMPL
Amendment 623 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;deleted
2022/06/10
Committee: EMPL
Amendment 634 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point c
(c) supervising the performance of work or verifying the quality of the results of the work including by electronic means;deleted
2022/06/10
Committee: EMPL
Amendment 645 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point d
(d) effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;deleted
2022/06/10
Committee: EMPL
Amendment 654 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point e
(e) effectively restricting the possibility to build a client base or to perform work for any third party.deleted
2022/06/10
Committee: EMPL
Amendment 669 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – introductory part
3. Member States shall take supportingall necessary measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supportin order to ensure the effective protection for workers performing work ing the sustainable growth of digital labour platformscontext of an employment relationship. In particular they shall:
2022/06/10
Committee: EMPL
Amendment 689 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – point c
(c) develop guidance forand establish procedures for national competent and enforcement authorities to proactively identify, target and pursue digital labour platforms in order to ensure effective compliance with the provisions established in this directive, including by imposing dissuasive sanctions against non-compliant digital labour platforms;
2022/06/10
Committee: EMPL
Amendment 696 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – point c a (new)
(ca) develop guidance and establish procedures for competent administrative authorities and institutions to proactively apply the legal presumption in the administrative procedures and to share data with other relevant authorities in order to apply the legal presumption in the processing and registration of contractual relations and social security related data;
2022/06/10
Committee: EMPL
Amendment 699 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – point d
(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non- discriminatory.. Member States shall be encouraged to determine every year a national target for the number of inspections to be carried out in respect of the sectors of activity in which digital labour platforms operate in order to determine the correct classification of workers;
2022/06/10
Committee: EMPL
Amendment 706 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
(da) provide for an automatic and immediate inspection by labour inspectorates or the bodies responsible for the enforcement of labour law every time there is a detected case of misclassification or reclassification a person performing platform work is newly recognised as platform worker, in order to verify the status of all the other persons performing platform work for the same digital labour platform;
2022/06/10
Committee: EMPL
Amendment 711 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – point d b (new)
(db) provide for sufficient resources and trainings for labour inspectorates or the bodies responsible for the enforcement of labour law in order to strengthen their capacities, especially in the technological field, in order to enable them to effectively comply with points(ca) and (da), also by carrying out routine and announced visits.
2022/06/10
Committee: EMPL
Amendment 713 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – point d c (new)
(dc) ensuring that duly qualified technical experts and specialists, particularly with respect to algorithmic management, assist the labour inspectorates in their work when necessary
2022/06/10
Committee: EMPL
Amendment 719 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 4
4. With regard to contractual relationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that date without prejudice to other applicable national and Union law, in particular Directive (EU) 2019/1152.
2022/06/10
Committee: EMPL
Amendment 741 #

2021/0414(COD)

Proposal for a directive
Article 5 – paragraph 2
Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.
2022/06/10
Committee: EMPL
Amendment 749 #

2021/0414(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
Member States shall ensure that the legal presumption shall not be rebuttable unless the party seeking the rebuttal of the legal presumption demonstrates that all the following criteria are satisfied:- (a) The person performing platform work is free from any control and direction of the digital labour platform in connection with the performance of the work, both under the contract for the performance of the work and in fact. (b) The person performing platform work performs work that falls outside the activities usually performed by the digital labour platform. (c) The person performing platform work is usually engaged in an independently established trade, profession or business of the same nature as that with which the work performed is related. Control and direction in connection with the performance of work within the meaning of article 5 (a)shall be understood as including, but not limited to, one of the following: – effectively determining, or setting upper limits for, the level of remuneration or issuing periodic payments of remuneration; – determining working conditions or enforcing the performance of work through sanctions, including restricting access to work, or using customer rating systems as a tool of control and basis for sanctions – controlling or restricting the communication between the person performing platform work and the recipient of the service while and after the work is being performed or preventing the person performing platform work from developing business contacts with potential clients; – tracking or monitoring the person performing platform work – requiring the person performing platform work to respect specific rules with regard to appearance, conduct towards the recipient of the service or performance of the work; – verifying the quality of the results of the work; – drawing consequences from such quality control or from recipients’ ratings for decisions to propose work assignments in the future, including their remuneration; – effectively restricting the time schedule or duration in which the person can choose to perform platform work; – effectively restricting the use of subcontractors or substitutes to perform the work; – effectively restricting the possibility to perform work for any third party, including other competitors of the digital labour platforms.
2022/06/10
Committee: EMPL
Amendment 753 #

2021/0414(COD)

Proposal for a directive
Article 5 – paragraph 3
Where the person performing the platform work arguMember States tshat the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in quesll regularly review assess and, where necessary, complement these conditions, within considerultation towith the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by itsocial partners. Such proceedings shall not have suspensive effect on the application of the legal presumption.
2022/06/10
Committee: EMPL
Amendment 778 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152 and Regulation 2021/….[Artificial Intelligence Act], Member States shall require digital labour platforms to inform platform workers of:
2022/06/10
Committee: EMPL
Amendment 781 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a
(a) automated monitoring systems which are used to support the monitoring, superviseion or evaluateion of the work performance of platform workers through electronic means;
2022/06/10
Committee: EMPL
Amendment 784 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 1 – point b
(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their access to work assignments and organisation of their work assignments, pricing of individual assignments, their earnings, their occupational safety and health, their working time, or are used to support decisions affecting their promotion and their contractual status, including the restriction, suspension or termination of their account.
2022/06/10
Committee: EMPL
Amendment 792 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 2 – point a – point i a (new)
(ia) the aim of the automated monitoring system and how the system will achieve it
2022/06/10
Committee: EMPL
Amendment 794 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b – point i a (new)
(ia) the aim of the automated decision- making system and how the system will achieve it;
2022/06/10
Committee: EMPL
Amendment 799 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b – point iv
(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effectsr any decision with similar effects, the grounds for promotion of work-related relationships, for task allocation and, where decision-making is supported or based on monitoring and evaluating performance, how behaviour has been evaluated and the justification for the evaluation.
2022/06/10
Committee: EMPL
Amendment 805 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Digital labour platforms shall makeprepare an extensive report containing the information referred to in paragraph 2 available toin a detailed manner available to trade unions and platform workers’ representatives and national labour authorities upon their request. The information shall be robust, complete and intelligible
2022/06/10
Committee: EMPL
Amendment 808 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)
4a. Digital labour platforms shall enter into collective bargaining in good faith with representative trade unions prior to putting into use automated monitoring and decision-making systems and prior to any substantial modification that may have an impact on terms of employment and working conditions.
2022/06/10
Committee: EMPL
Amendment 810 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 4 b (new)
4b. If the obligations under this Article cannot be met due to the design or nature of a certain system, a system shall not be put into use for automated monitoring or to assist decision-making or automate decision-making.
2022/06/10
Committee: EMPL
Amendment 821 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point c
(c) process any personal data in relation to private conversations, including exchanges with trade unions and platform workers’ representatives;
2022/06/10
Committee: EMPL
Amendment 826 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d a (new)
(da) process personal data for certain automated decisions including automated dismissal or equivalent detriment, such as no longer being assigned work, or any preparations for a possible dismissal, for disciplinary measures and including any disciplinary measures
2022/06/10
Committee: EMPL
Amendment 829 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d b (new)
(db) process personal data to predict, prevent or restrict the exercise of fundamental rights, notably social rights, such as the right to unionise, the right to strike or the right to information and consultation;
2022/06/10
Committee: EMPL
Amendment 831 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d c (new)
(dc) process personal data for constant monitoring of performance with potential detrimental effects or risk-profiling with potential detrimental effects to an individual, such as for rule breaking or fraud;
2022/06/10
Committee: EMPL
Amendment 832 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d d (new)
(dd) collect personal data to exploit power and information asymmetries to the detriment of workers, regardless of whether such asymmetries already exist or may be created or aggravated by the use of automated monitoring and decision- making systems themselves. In particular, automated monitoring and automated decision-making may not be used to discriminate against workers;
2022/06/10
Committee: EMPL
Amendment 833 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d e (new)
(de) access, collect or process any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, disability or state of health, or trade union membership and processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning a person's sex life or sexual orientation, chronic diseases or HIV status;
2022/06/10
Committee: EMPL
Amendment 834 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d f (new)
(df) Make use of biometric identification or verification or constant video surveillance of work performance;
2022/06/10
Committee: EMPL
Amendment 835 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 – point d g (new)
(dg) access, collect or process biometrics-based data.
2022/06/10
Committee: EMPL
Amendment 836 #

2021/0414(COD)

Proposal for a directive
Article 6 – paragraph 5 a (new)
5a. The protection of personal data as referred to in this paragraph shall apply to all workers from the recruitment stages before the start of the employment relationship. Digital labour platforms shall inform platform workers and trade unions and workers’ representatives, about any transfer of personal data within a group of undertakings, or a group of undertakings engaged in a joint economic activity. Member States shall ensure that digital labour platforms provide platform workers or authorised representatives with effective, free of charge portability of any data generated through their activity on the digital labour platform, personal or non-personal, in particular, by providing free of charge interfaces and tools for platform workers to facilitate effective portability of the personal data relating to them in line with Regulation EU 2016/679 and non-personal data generated through their activity as platform worker. Member States shall ensure digital labour platforms provide continuous, real-time and machine readable access to this data;
2022/06/10
Committee: EMPL
Amendment 840 #

2021/0414(COD)

Proposal for a directive
Article 6 a (new)
Article 6a Fundamental rights impact assessments for digital labour platforms 1. Digital labour platforms must, before deployment of an automated monitoring or automated decision- making, publish a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle. This assessment shall be submitted to the competent labour authorities and the competent data protection authority. This assessment shall include at least: (a) the intended purpose for which the system will be used; (b) the intended geographic and temporal scope of the system; (c) the potential risks of the use to any rights and freedoms of workers, including any indirect impacts or consequences of the systems; (d) the categories of natural persons and groups likely or foreseen to be affected; (e) the proportionality and necessity of the system’s use; (f) verification of the legality of the use of the system in accordance with Union and national law; (g) any specific risk of harm likely to impact marginalised, vulnerable persons or groups at risk of discrimination, and risk of increasing existing societal inequalities; (h) the governance system the deployer will put in place, including human oversight, complaint-handling and redress. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. 3. Deployers shall consult all relevant stakeholders, in particular social partners, workers’ representatives, trade unions groups of natural persons exposed to heightened risks from the system and civil society when preparing the impact assessment. 4. Where the deployer is already required to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the impact assessment outlined in paragraph 1 shall be conducted in conjunction to the data protection impact assessment and be published as an addendum. 5. Where a fundamental rights impact assessment is found to be non- compliant or manifestly incorrect, the relevant data protection authorities, national labour authorities and social authorities shall take coordinated measures to enforce this requirement.
2022/06/10
Committee: EMPL
Amendment 844 #

2021/0414(COD)

Proposal for a directive
Article 7 – title
Human monitoringassessment of automated systems
2022/06/10
Committee: EMPL
Amendment 847 #

2021/0414(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that digital labour platforms regularlytogether with workers' representatives regularly, and at least annually, monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(1), on working conditions, including workers’ rights and health and safety, including mental health. This assessment shall be submitted to the competent labour inspectorates and the competent data protection authority. It shall also be made publicly available and shared with trade unions and workers’ representatives.
2022/06/10
Committee: EMPL
Amendment 852 #

2021/0414(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) evaluate the risks of automated monitoring and decision-making systems to non-discrimination and data protection and the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;
2022/06/10
Committee: EMPL
Amendment 863 #

2021/0414(COD)

Proposal for a directive
Article 7 – paragraph 2 a (new)
2a. If the assessment under paragraph 2 finds risks to health and safety and fundamental rights that cannot be mitigated, the digital labour platform shall immediately cease the use of the system to assist decision-making or automate decision-making.
2022/06/10
Committee: EMPL
Amendment 865 #

2021/0414(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Member States shall require digital labour platforms to ensure sufficient human resources for monitoring the impact of individual decisions taken or supported by automated monitoring and decision- making systems in accordance with this Article. The persons charged by the digital labour platform with the function of monitoring, decision-making assisted by automated monitoring or automated decision-making systems or review of decisions shall have the necessary competence, training and authority to exercise that function. They shall enjoy protection from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions.
2022/06/10
Committee: EMPL
Amendment 868 #

2021/0414(COD)

Proposal for a directive
Article 7 – paragraph 3 a (new)
3a. Where an assessment of automated systems is found to be non- compliant or manifestly incorrect, the relevant data protection authorities, national labour authorities and social authorities shall take coordinated measures to enforce this requirement.
2022/06/10
Committee: EMPL
Amendment 873 #

2021/0414(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that platform workers have the right to obtainreceive an explanation from the digital labour platform for any decision taken or supported by an automated decision- making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). Member States shall ensure that platform workers are provided with clear, simple and intelligible information about their right to review in this Article, the right to redress in Article 13 and right to a complaint with the national supervisory authority under Article 19a and the right to an effective remedy in Article 19b of this Directive. In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.
2022/06/10
Committee: EMPL
Amendment 883 #

2021/0414(COD)

Proposal for a directive
Article 8 – paragraph 2 – introductory part
2. Where pPlatform workers are not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph 1 infringes their rights, they shall have the right to request the digital labour platform to review that decision. The digital labour platform shall respond to such request by providing the platform worker with a sufficiently precise and adequately substantiated reply without undue delay and in any event within one week of receipt of the request.
2022/06/10
Committee: EMPL
Amendment 895 #

2021/0414(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3a. Certain automated decisions including dismissal or equivalent detriment, such as no longer being assigned work, or any preparations for a possible dismissal, for disciplinary measures and including any disciplinary measures shall always be taken by humans and not be taken by automated decision-making systems;
2022/06/10
Committee: EMPL
Amendment 897 #

2021/0414(COD)

Proposal for a directive
Article 8 – paragraph 4
4. This Article shall be without prejudice to dismissal procedures or any other disciplinary procedures laid down in national law.
2022/06/10
Committee: EMPL
Amendment 906 #

2021/0414(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1) or changes in the allocation or organisation of work, in accordance with this Article.
2022/06/10
Committee: EMPL
Amendment 911 #

2021/0414(COD)

Proposal for a directive
Article 9 – paragraph 2
2. For the purposes of this Article, the definitions of ‘information’ and ‘consultation’ as laid down in Article 2, points (b), (e), (f) and (g), of Directive 2002/14/EC shall apply. The rules laid down in Article 4(1), (3) and (4), Article 6 and Article 7 of Directive 2002/14/EC shall apply accordingly.
2022/06/10
Committee: EMPL
Amendment 917 #

2021/0414(COD)

Proposal for a directive
Article 9 – paragraph 3
3. The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 500 plat persons performing workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.
2022/06/10
Committee: EMPL
Amendment 922 #

2021/0414(COD)

Proposal for a directive
Article 10 – paragraph 1
1. Article 6, Article 7(1) and (3)6a, Article 7, Article 8, Article 9, Article 13 and Article 18 shall also apply to persons performing platform work who do not have an employment contract or employment relationship and to any other workers performing work in the Union and the individuals or undertakings they are performing work for.
2022/06/10
Committee: EMPL
Amendment 929 #

2021/0414(COD)

Proposal for a directive
Article 11 – paragraph 1
Without prejudice to Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council, Member States shall require digital labour platforms which are employers to declare work performed by persons performing platform workers to the competent labour and social protection authorities of the Member State in which the work is performed and to share relevant data with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned. , also in order to observe their fiscal and social protection obligations according to national laws. __________________ 69 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). 70 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
2022/06/10
Committee: EMPL
Amendment 932 #

2021/0414(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
Member States shall ensure that where digital labour platforms fail to comply with obligations referred to in paragraph 1, effective and dissuasive sanctions are applied, including the suspension of the license to operate in cases of persistently repeated infringements
2022/06/10
Committee: EMPL
Amendment 938 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 – introductory part
1. Where labourIn order to ensure transparency on which digital labour platforms are active in Member States and support labour, including health and safety, social protection and other relevant authorities to exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, the European Commission and Member States shall ensure that digital labour platforms makepublish the following information available to themfor each Member State where they organise the work of persons performing platform work:
2022/06/10
Committee: EMPL
Amendment 943 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a
(a) the number of persons performing platform work through the digital labour platform concerned on a regular basis and their contractual or employment status, broken down by the average weekly number of hours worked;
2022/06/10
Committee: EMPL
Amendment 945 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a a (new)
(aa) the contractual or employment status those persons have with the digital labour platform concerned;
2022/06/10
Committee: EMPL
Amendment 946 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a b (new)
(ab) an aggregated overview on regional and local level of where the platform work activities take place when it concerns on-location platform work;
2022/06/10
Committee: EMPL
Amendment 948 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 – point b
(b) the general terms and conditions applicable to those contractual relationships, provided that those terms and conditions are unilaterally determined by the digital labour platform and apply to a large number of contractual relationships.
2022/06/10
Committee: EMPL
Amendment 950 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 – point b a (new)
(ba) the average number of work assignments proposed, accepted and refused per week, the average remuneration per work assignment and per hour worked and the average weekly number of hours worked per person performing platform work.
2022/06/10
Committee: EMPL
Amendment 951 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
1a. The European Commission shall, through a delegated act, set up and manage a public registry where digital labour platforms can publish the information. . The information shall be updated at least every three months, and, as regards paragraph 1, point (b), each time the terms and conditions are modified.
2022/06/10
Committee: EMPL
Amendment 955 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 3
3. Labour, social protection and other relevant authorities, trade unions and representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing amonth by providing a detailed and sufficiently substantiated reply.
2022/06/10
Committee: EMPL
Amendment 959 #

2021/0414(COD)

Proposal for a directive
Article 12 – paragraph 4
4. With regard to digital labour platforms which are micro, small or medium-sized enterprises, Member States may provide that the periodicity for updating information in accordance with paragraph 2 is reduced to once every year.deleted
2022/06/10
Committee: EMPL
Amendment 960 #

2021/0414(COD)

Proposal for a directive
Article 12 a (new)
Article 12a Cooperation in cross-border cases 1. The competent labour, social security and tax authorities shall exchange information with respect to persons performing platform work in a Member State different from the country of establishment of the relevant digital labour platform. With this objective, a specific module for the exchange of information on the relevant aspects of cross-border persons performing platform work shall be set up in the Internal Market Information system (‘IMI’). 2. For cases having a cross-border relevance, the European Labour Authority shall facilitate and support cooperation between the competent national authorities in charge of monitoring the enforcement of labour mobility and social security coordination legislation, as well as to tackle undeclared work, in particular to support the provision of information to employers and workers as regards to their rights and obligations stemming from EU legislation, promote enhanced cooperation and exchange of information between Member States, and coordinate and support concerted and joint inspections.
2022/06/10
Committee: EMPL
Amendment 967 #

2021/0414(COD)

Proposal for a directive
Article 13 – paragraph 1 a (new)
Member States shall ensure that in subcontracting chains, the digital labour platform of which the employer is a subcontractor can, in addition to or in place of the employer, be held liable in legal and administrative proceedings where the person performing platform work is seeking redress for the infringement of the rights arising from this Directive.
2022/06/10
Committee: EMPL
Amendment 968 #

2021/0414(COD)

Proposal for a directive
Article 13 – paragraph 1 b (new)
Member States shall ensure that undocumented third country nationals performing platform work can access justice and lodge complaints to ensure the respect of the rights arising from this Directive without fearing retaliation or risk for detention and/or deportation.
2022/06/10
Committee: EMPL
Amendment 969 #

2021/0414(COD)

Proposal for a directive
Article 13 a (new)
Article 13a Remedies for lack of transparency or collective bargaining Where a digital labour platform does not meet the information obligations under Article 8, notably when the information provided under Article 8(1) and 8(2) is not sufficiently comprehensive, precise or clear, or where a digital labour platform refuses to enter into good faith collective bargaining, Member States shall ensure that platform workers and their representatives have a right to request an injunction or judicial order to provide the information, and, where relevant give the platform worker and their representatives access to detailed information regarding the functioning of their automated monitoring and decision-making systems, including algorithms, the source code or other details. Member States shall also ensure judicial authorities can order compensation of the costs of expert analysis of this detailed information in order to provide information in a concise, transparent, intelligible and easily accessible form, using clear and plain language as required under Article 8.
2022/06/10
Committee: EMPL
Amendment 971 #

2021/0414(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that trade unions and representatives of persons performing platform work or workers affected by algorithmic management or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work, may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work or workers affected by algorithmic management in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.
2022/06/10
Committee: EMPL
Amendment 974 #

2021/0414(COD)

Proposal for a directive
Article 14 – paragraph 2
2. Representatives of persons performing platform work and workers affected by algorithmic management shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approvalin accordance with national law and practice.
2022/06/10
Committee: EMPL
Amendment 985 #

2021/0414(COD)

Proposal for a directive
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform worktrade unions and workers' representatives, through the digital labour platforms’ digital infrastructure or similarly effective means, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications and shall provide for dissuasive sanctions in this regard.
2022/06/10
Committee: EMPL
Amendment 989 #

2021/0414(COD)

Proposal for a directive
Article 15 a (new)
Article 15a Promotion of the right to collective bargaining in platform work With a view to improve the working conditions of persons performing platform work, Member States shall promote the right to collective bargaining by: (a) prohibiting and taking measures to prevent all acts which undermine the right of persons performing platform work to join a trade union or to obstruct them from doing so, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining; (b) ensuring that employers provide trade union representatives with appropriate information and facilities, in order to enable them to carry out their functions; (c) ensuring that trade unions have the right to access the workplace and the workers, including through digital access, to meet and contact workers individually or collectively for the purpose of organising and representing workers in collective bargaining.
2022/06/10
Committee: EMPL
Amendment 991 #

2021/0414(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Member States shall ensure that in proceedings concerning a claim regarding correct determinatthe provisions of the employment status of persons performing platform workis Directive, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, including any relevant information on automated monitoring and decision- making systems.
2022/06/10
Committee: EMPL
Amendment 1001 #

2021/0414(COD)

Proposal for a directive
Article 19 – paragraph 1
1. The supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of Article 6, Article 7(1) and (3)6a, Article 7 and Articles 8 and 10 of this Directive, in accordance with the relevant provisions in Chapters VI, VII and VIII of Regulation (EU) 2016/679. They shall be competent to impose administrative fines up to the amount referred to in Article 83(5) of that Regulation.
2022/06/10
Committee: EMPL
Amendment 1006 #

2021/0414(COD)

Proposal for a directive
Article 19 – paragraph 2
2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, coordinate and cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including information obtained in the context of inspections or investigations, either upon request or at their own initiative.
2022/06/10
Committee: EMPL
Amendment 1007 #

2021/0414(COD)

Proposal for a directive
Article 19 – paragraph 2 a (new)
2a. Notably, the authorities referred to in paragraph 1 and national labour and social protection authorities shall coordinate and cooperate in the supervision and enforcement of the impact assessments in Article 6a and human evaluation of systems in Article 7 to detect violation of fundamental rights, workers’ rights and health and safety, including mental health.
2022/06/10
Committee: EMPL
Amendment 1011 #

2021/0414(COD)

Proposal for a directive
Article 19 a (new)
Article 19a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, Member States shall ensure that platform workers shall have the right to lodge a complaint with the relevant supervisory authority, be it the labour inspectorate or the data protection authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of this Directive. 2. Member States shall ensure that complainants shall have a right to be heard in the complaint handling procedure and in the context of any investigations or deliberations conducted by the competent supervisory authority as a result of their complaint. 3. Member States shall ensure that supervisory authorities shall inform complainants or their representatives about the progress and outcome of their complaints. In particular, supervisory authorities shall take all the necessary actions to follow up on the complaints they receive and, within three months of the reception of a complaint, give the complainants a preliminary response indicating the measures they intend to take and the next steps in the procedure, if any. 4. Member States shall ensure that the 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. The supervisory authority will inform the platform worker about the right to an effective judicial remedy against a supervisory authority under Article 19b.
2022/06/10
Committee: EMPL
Amendment 1012 #

2021/0414(COD)

Proposal for a directive
Article 19 b (new)
Article 19b Right to an effective judicial remedy against a supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, Member States shall ensure that platform workers and their representatives shall have the right to an effective judicial remedy against any legally binding decision concerning them, whether by the labour inspectorate or data protection authority. 2. Without prejudice to any other administrative or non-judicial remedy, Member States shall ensure that platform workers shall have the right to a an effective judicial remedy where the authority which is competent does not handle a complaint, does not inform the individual on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 19a(3), does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 19a(3). 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the authority is established.
2022/06/10
Committee: EMPL
Amendment 33 #

2021/0293(COD)

Proposal for a decision
Recital 1
(1) In its Communication “2030 Digital Compass: the European way for the Digital Decade” of 9 March 202131 (“Digital Compass Communication”) the Commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. The Union way for the digital transformation of economy and society should encompass digital sovereignty, inclusion, equality, sustainability, accessibility, resilience, security, improving quality of life, respect of citizens’ rights and aspirations and should contribute to a dynamic, resource efficient, and fair economy and society in the Union. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “2030 Digital Compass: the European way for the Digital Decade” COM/2021/118 final/2.
2022/02/22
Committee: IMCO
Amendment 36 #

2021/0293(COD)

Proposal for a decision
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the's digital transformation, which is a key should become an enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environmentlay the path to a sustainable and sovereign digital future designed for human development. To this end, it should promote and invest in digital technologies and infrastructure that are sustainably designed, with high ecodesign standards and durability at their core, to attain the sustainability goals of the Green Deal. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, orand for monitoring and optimising how energy and natural resources are used. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient through a complete multicriteria life-cycle assessment methodology, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ and the EU Sustainable and Smart Mobility Strategy.1a _________________ 1a Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions Sustainable and Smart Mobility Strategy – putting European transport on track for the future COM(2020)789 . 35 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Green deal”, 11.12.2019, COM/2019/640 final.
2022/02/22
Committee: IMCO
Amendment 41 #

2021/0293(COD)

Proposal for a decision
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society, economy and environment, close the digital divide, ensure its global competitiveness and reduce its technological dependencies. Having access to and addressing shortages in digital skills is also critical to the growth of Europe’s tech ecosystem and its emergence on a global scale. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and menthe additional aim of closing the digital gender gap. In addition, an essential enabler for taking advantage of the benefits of digitisation, for further technological developments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed to achieve an inclusive Union where no group is at a disadvantage. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
2022/03/11
Committee: EMPL
Amendment 42 #

2021/0293(COD)

Proposal for a decision
Recital 5
(5) The measures envisaged in the Digital Compass Communication should be implemented, to intensify actions defined in the strategy for Shaping Europe’s digital future, and building on existing Union instruments (such as Cohesion programmes, the Technical Support Instrument, Regulation (EU) 2021/694 of the European Parliament and of the Council36 , Regulation (EU) 2021/695 of the European Parliament and of the Council37 and Regulation (EU) 2021/523 of the European Parliament and of the Council38 ) and on the funds allocated for digital transition of Regulation (EU) 2021/241 of the European Parliament and of the Council39 . By this Decision, a Policy Programme “Path to the Digital Decade” should therefore be established in order to achieve, accelerate and shape a successful digital transformation of the Union’s economy and societyas a tool to achieve the Union’s general policy objectives, keeping in mind that digitalisation without a societal value is not a goal in itself. _________________ 36 Regulation (EU) 2021/694 of the European Parliament and of the Council of 29 April 2021 establishing the Digital Europe Programme and repealing Decision (EU) 2015/2240 (OJ L 166, 11.5.2021, p. 1). 37 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1). 38 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 ( OJ L 107, 26.3.2021, p. 30). 39 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
2022/02/22
Committee: IMCO
Amendment 43 #

2021/0293(COD)

Proposal for a decision
Recital 6
(6) In order to follow the trajectory of the Union regarding the pace of digital transformation, digital targets should be established. These targets should be linked to concrete areas, where progress should collectively be made within the UnionDigital targets should be established, rigorously guided by clear, environmentally sustainable societal objectives. The targets follow the four cardinal points identified in the Digital Compass Communication, identified as the essential areas for the digital transformation of the Union: digital skills, digital infrastructures, digitalisation of businesses and of public services.
2022/02/22
Committee: IMCO
Amendment 45 #

2021/0293(COD)

Proposal for a decision
Recital 6 a (new)
(6a) While digitalisation can bring significant advancements in economic development and social inclusion, digitalisation should not be an aim in itself, but rather a tool for progress. In this context, digitalisation does not come at the cost of non-digital solutions. The Union must guarantee human support and the choice of non-digital means of participation in all aspects of public and private life, especially for persons who might still face barriers to digital participation due to inaccessible digital services and products, high financial costs of digital services or devices, lack of internet or mobile access or low digital literacy.
2022/02/22
Committee: IMCO
Amendment 47 #

2021/0293(COD)

Proposal for a decision
Recital 7
(7) Digital skills, basic and advanced, are essential to reinforce the collective resilience of the Union’s society. Digitally empowered and capable citizens will be able to take advantage of the opportunities of the Digital Decade. Moreover, digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today, with convergence between women and men. In addition, an eseliminating gender, social and geographic divides. An intersenctional enabler for taking advantage of the benefits of digitisation, for further technological developapproach should be the basis of this convergence, making sure all woments and for Europe’s digital leadership is a sustainable digital infrastructure for connectivity, microelectronics and the ability to process vast data. Excellent and secure connectivity for everybody and everywhere in Europe including in rural and remote areas40 is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. _________________ 40 Long-term Vision for the EU’s Rural Areas. COM(2021) 345 finalmen benefit from advanced digital skills and access to quality jobs, including but not limited to women with disabilities, Black and other women of colour, women with migrant backgrounds, Roma and LBTI women, and from non-urban areas of the Union. Digital literacy should also be prioritised for marginalised populations, such as the elderly and people with disabilities. Wide public consultation involving citizens prior to the deployment of digital infrastructure projects should lead to greater trust, acceptability and improve the design of projects with the concrete needs and feedback of local communities.
2022/02/22
Committee: IMCO
Amendment 51 #

2021/0293(COD)

Proposal for a decision
Recital 7 a (new)
(7a) Europe’s digital leadership needs a sustainable digital infrastructure for connectivity, microelectronics and the ability to process data. Reliable, fast, affordable and secure connectivity for everybody and everywhere in Europe including in rural and remote areas1a is needed. Societal needs for upload and download bandwidth are constantly growing. By 2030, networks with gigabit speed should become available at accessible conditions for all those who need or wish to have such capacity. Network development policy should limit the duplication of very-high-speed networks and adopt a strategy based on network complementarity and interoperability and address the need to bridge the digital divide. Moreover, microprocessors which are already today at the start of most of the key, strategic value chains are expected to be in even higher demand in the future, in particular the most innovative ones. Highly energy- efficient data centers with sustainable cooling systems and a systematic reuse of generated heat should be promoted, and a “green cloud computing” label established. The environmental contribution of climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity should be duly assessed. _________________ 1a Long-term Vision for the EU’s Rural Areas. COM(2021) 345 final.
2022/02/22
Committee: IMCO
Amendment 53 #

2021/0293(COD)

Proposal for a decision
Recital 8
(8) Beyond enablers, all the above mentionedEmerging technologies will be at the core of new products, new manufacturing processes and new business models based on fair and secure sharing of data in the data economy. The transformation of businesses will depend on their ability to adopt new digital technologies rapidly and across the board, including in industrial and services ecosystems that are currently lagging behind, while ensuring effective protection of privacy and data protection.
2022/02/22
Committee: IMCO
Amendment 58 #

2021/0293(COD)

Proposal for a decision
Recital 9
(9) Democratic life and public services will also crucially depend oncan benefit from digital technologies and therefore they should be fully accessible for everyone, as a best–in- class digital environment providing for easy-to-use, efficient and personalised services and tools with high security and privacy standards. To this end, the use of strong encryption should be encouraged and the avoidance of gender, geographic, social or age divides should be mainstreamed into every action. The digitalisation of public services should be deployed with the aim of enhancing quality and public access, and should go hand in hand with sufficient human employees to accompany citizens in their procedures.
2022/02/22
Committee: IMCO
Amendment 61 #

2021/0293(COD)

Proposal for a decision
Recital 10 a (new)
(10a) Where public funds are used, it is crucial that maximum value is gained for society and businesses. Therefore, funding should be, if possible, contingent on the outputs of funded projects not being subject to any restrictions and freely reusable.
2022/02/22
Committee: IMCO
Amendment 61 #

2021/0293(COD)

Proposal for a decision
Recital 8 a (new)
(8 a) Covid-19 pandemic has broken through technological and cultural barriers, accelerating a structural shift towards remote work. In the ICT sector, remote work is already a reality. The increase in the prevalence of remote work is expected to persist in the long-run and have an impact on the organisation of the labour market. Europe should address the challenges and embrace opportunities that lie ahead. In this regard, Member States could build on best practices and collaborate in order to develop standardised definition of remote work, and rules guaranteeing the right to disconnect and ensuring equal treatment with those who work from employers’ workplace, solutions for fair taxation, pension schemes, and necessary digital infrastructure.
2022/03/11
Committee: EMPL
Amendment 62 #

2021/0293(COD)

Proposal for a decision
Recital 11
(11) A harmonious, inclusive and steady progress towardspproach to the digital transformation and towards the achievement of the digital targets in the Union, requires a comprehensive, robust, reliable, flexible and transparent form of governance, based on close cooperation and coordination between the Union institutions, bodies and agencies, and the Member States. An appropriate mechanism should ensure coordination of convergence and the consistency and effectiveness of policies and measures at Union and national level. Therefore, it is necessary to lay down provisions on a monitoring and cooperation mechanism implementing the Digital Compass Communication. The Union and Member States should ensure inclusive participation of civil society organisations representing marginalised communities, consumer and digital rights representatives, to ensure that digital transformation equally benefits everyone, leaving no one behind. The Union and Member States as State Parties to the United Nations Convention on the Rights with Disabilities (CRPD) are mandated to involve organisations of persons with disabilities.
2022/02/22
Committee: IMCO
Amendment 62 #

2021/0293(COD)

Proposal for a decision
Recital 8 b (new)
(8 b) Digitalisation can offer workers greater flexibility and independence, but it also can produce “technostress” due to the cognitive overload and mental and emotional distress caused by intensive working with IT tools. Digitalisation has worsened the situation of low-skilled workers who are not able to keep up with or access new technology and they risk being left behind or have to work at a machine-like rate due to human-machine interactions. If a threshold of protection is provided, positive aspects can emerge from digitalisation as it can facilitate labour market access for those with physical disabilities, neurodivergence, mental health issues and those with caring responsibilities if well implemented.
2022/03/11
Committee: EMPL
Amendment 63 #

2021/0293(COD)

Proposal for a decision
Recital 8 c (new)
(8 c) Teleworking has brought positive consequences such as better working opportunities for women, increased flexibility and autonomy, and in some cases, a better work-life balance; however notes that these do not outweigh the perceived negative consequences such as over-connection and technostress, and leads to additional unpaid working hours, but also has negative impacts on health, breaching the right to disconnect and work-life balance, blurring of lines between professional and private life, longer working hours including working in free-time, increasing addiction to screens, lack of available ergonomic office equipment at home, increased worker surveillance by AI systems, and lack of social interaction.
2022/03/11
Committee: EMPL
Amendment 64 #

2021/0293(COD)

Proposal for a decision
Recital 8 d (new)
(8 d) Digital work and telework can create privacy concerns in relation to workers’ rights, as it can create pressure on employees to stay long hours in front of screens, and therefore such tools should not be used to monitor the performance of workers; notes that the rise of gig workers tends to incentivize new forms of employment such as zero hour contracts or self-employment which leads to lack of protection and instability to workers, raising psychosocial risks, income precariousness, insecurity and musculoskeletal disorders.
2022/03/11
Committee: EMPL
Amendment 65 #

2021/0293(COD)

Proposal for a decision
Recital 8 e (new)
(8 e) Emphasises that there is a clear added value in streamlining and simplifying the Union framework for attracting international talent in the technology sector, in order to enable talent flow and mobility for those coming to work in the Union, and for those wishing to be mobile within the Union. In this regard, Member States should be encouraged to promote EU schemes on an equal level to national schemes, such as the revised EU Blue Card Directive which recognises third-country skills in the technology sector equivalently to qualifications, therefore overcoming one of the key barriers in attracting international talent in the technology sector. Furthermore, new innovative tools and legislations are needed to help match employers with prospective ICT workers, address labour market shortages, and facilitate recognition of international qualifications and skills;
2022/03/11
Committee: EMPL
Amendment 66 #

2021/0293(COD)

Proposal for a decision
Recital 8 f (new)
(8 f) Emphasizes that the development of effective curricula for digital education requires political will, sufficient resources and scientific research; calls upon the Commission and Member States to prioritise the development of innovative teaching methods and curricula in the field of STEM and programming, and in particular to strengthen the level of mathematics, statistical and econometric analysis for the purpose of understanding the probabilistic nature of AI algorithms; stresses the need to facilitate access for women in STEM education and training; highlights that such skills development is needed in adult education as much as in primary or secondary education; stresses that digital education should also raise the awareness of machine learning based elements of daily life, including recommendation engines, targeted advertising, social media algorithms and deep fakes;
2022/03/11
Committee: EMPL
Amendment 67 #

2021/0293(COD)

Proposal for a decision
Recital 8 g (new)
(8 g) Stresses that the existing digital gaps can only be closed with targeted and inclusive measures towards both women and the elderly and therefore calls for substantial investments in targeted re-and upskilling and educatory measures to close such digital gaps; notes with concern the lack of targeted and systematic measures in professional training for adults;
2022/03/11
Committee: EMPL
Amendment 68 #

2021/0293(COD)

Proposal for a decision
Recital 15
(15) In particular, the Commission should report how effectively the objectives of this Decision have been mainstreamed into the planning and development of projects and any problems identified, as well as on the progress towards the digital targets, detailing the degree of Union progress in relation to the projected trajectories for each target, the assessment of the efforts necessary to reach each target, including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. The report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at Union and Member States level.
2022/02/22
Committee: IMCO
Amendment 68 #

2021/0293(COD)

Proposal for a decision
Recital 8 h (new)
(8 h) Calls for action to ensure that every education facility has broadband access as well as strong digital learning infrastructure; stresses the need to ensure that teachers have the necessary AI skills and tools to provide a digital learning environment; Requests investment in youth coding skill initiatives to foster AI skills and high-level qualifications, including coding academies, summer school programmes and AI-specific scholarships; is of the opinion that the EU’s Digital Opportunity Traineeships (DOT), should be further expanded to vocational training;
2022/03/11
Committee: EMPL
Amendment 69 #

2021/0293(COD)

Proposal for a decision
Recital 8 i (new)
(8 i) Urges the Commission to follow up on its goal of having 20 million ICT specialists employed in the EU, and to close the large gender gap in this sector; stresses that in order to retain top ICT talent and prevent brain drain, the EU needs to enable competitive salaries, working conditions, cross-border cooperation and a competitive innovation infrastructure;
2022/03/11
Committee: EMPL
Amendment 71 #

2021/0293(COD)

Proposal for a decision
Recital 15 a (new)
(15a) Accessibility and disability-focused indicators should be incorporated in the DESI and in the report on the “State of the Digital Decade” (“ESDDR”) to ensure systematic monitoring and progress related to inclusive and accessible digital transformation for all members of society.
2022/02/22
Committee: IMCO
Amendment 73 #

2021/0293(COD)

Proposal for a decision
Recital 16
(16) On the basis of this analysis the report would include specific recommended policies, measures and actions. When recommending policies, measures or actions in the report, the Commission should take into account the most recent data available, the joint commitments undertaken, the policies and measures defined by Member States as well as progress regarding recommended actions identified in earlier reports and addressed in the course of the annual cooperation. In addition, the Commission should take into account the differences in individual Member States’ potential to contribute to the digital targets, as well as the policies, measures and actions already in place and considered appropriate to achieve the objectives and targets, even if their effects have not yet materialised.
2022/02/22
Committee: IMCO
Amendment 74 #

2021/0293(COD)

Proposal for a decision
Recital 20
(20) In order to ensure that cooperation between the Commission and the Member States is efficient and effective, Member States should submit to the Commission national Digital Decade strategic roadmaps covering the period up to 2030 (‘national Digital Decade strategic roadmaps’) proposing, where possible and measurable at national level, national trajectories, describing all the instruments adopted, planned or implemented with a view to contributing to the achievement at Union level of the objectives of this Decision and the digital targets and objectives. These national Digital Decade strategic roadmaps should be a crucial tool for the coordination of the policies of the Member States and for ensuring predictability for the market. Member States should take into account relevant sectoral initiatives, both at Union and national level, and ensure consistency with them. During the annual cycle of cooperation, Member States could propose adjustments to their national Digital Decade strategic roadmaps to take into account the evolution of the digital transition at Union and national level and to respond, in particular, to the Commission recommended policies, measures and actions.
2022/02/22
Committee: IMCO
Amendment 75 #

2021/0293(COD)

Proposal for a decision
Recital 23
(23) The cooperative dialogue between the Commission and the Member States should commence with the assessment of their national Digital Decade strategic roadmaps and should be based on the data provided and assessment made in the report of the state of the Digital Decade, as well as on the feedback received by relevant stakeholders, including civil society.
2022/02/22
Committee: IMCO
Amendment 76 #

2021/0293(COD)

Proposal for a decision
Recital 13
(13) The Digital Economy and Society Index (‘DESI’)41 should become a part of the report on the state of the Digital Decade and should be used to monitor the progress towards the digital targets. This monitoring should include an analysis of the indicators measuring progress at Member States’ level, national policies and initiatives aimed at reaching the objectives of this Decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of European economies and a ranking of Member States progress therein. In particular, DESI’s dimensions and indicators should be aligned with digital targets set out in this Decision and include social inclusion targets broken down by age groups and gender as well as environmental targets. For each digital target, key performance indicators (‘KPIs) should be set out in implementing acts to be adopted by the Commission. The KPIs should be updated when necessary for continued effective monitoring and to take account of technological developments. The data collection mechanism within Member States should be reinforced to present a thorough state of play on the progress towards the digital targets, as well as information on the relevant policies, programmes, and initiatives at national level, and the impact and consequences that this has for working conditions and workers’ mental health. Based on the reviews and where needed, the Commission should prepare, in consultation with the Member States, a roadmap to set out future data collection needs. . In defining the DESI, the Commission should rely largely on official statistics collected in different Union surveys on the information society42 . The Commission should use specific studies to collect data for those relevant indicators that are not measured in the Union surveys. _________________ 41 DESI is an annual set of analyses and measurement indicators, which since 2014 have been used to monitor Europe’s overall progress and to benchmark individual Member States’ progress in digital, feeding into the European Semester process and the country specific recommendations. 42 Regulation (EC) No 1006/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 808/2004 concerning Community statistics on the information society (OJ L 286, 31.10.2009, p. 31–35).
2022/03/11
Committee: EMPL
Amendment 78 #

2021/0293(COD)

Proposal for a decision
Recital 29
(29) In order to ensure transparency and public participation, the Commission should engage with all interested stakeholders. To that end, the Commission should closely cooperate with stakeholders including private and public actors, such as bodies governed by public laws of the educational or health sector, as well as civil society, and consult them on measures to accelerate the digital transformation at Union level. The involvement of stakeholders would be important at the level of Member States as well, in particular when adopting their national Digital Decade strategic roadmaps and their adjustments.
2022/02/22
Committee: IMCO
Amendment 79 #

2021/0293(COD)

Proposal for a decision
Recital 32 a (new)
(32 a) Union and Member State funding, such as those under the Recovery and Resilience Facility, Important Projects of Common European Interest (IPCEIs), Technical Support Instrument and the Digital Europe Programme, should incorporate accessibility as award criteria. This will ensure that when EU funds are used, new technologies equally benefit all members of society, including persons with disabilities, rather than creating further digital barriers.
2022/02/22
Committee: IMCO
Amendment 79 #

2021/0293(COD)

Proposal for a decision
Recital 15
(15) In particular, the Commission should report on the progress towards the digital targets, detailing the degree of Union progress in relation to the projected trajectories for each target, the assessment of the efforts necessary to reach each target, including investment gaps in digital capacities and raising awareness about the actions needed to increase digital sovereignty. The report should include an overview of the risks and benefits for workers in the process of achieving these targets. The report should also include an assessment of the implementation of relevant regulatory proposals as well as of the actions undertaken at Union and Member States level.
2022/03/11
Committee: EMPL
Amendment 80 #

2021/0293(COD)

Proposal for a decision
Recital 32 b (new)
(32b) Specific funding should be earmarked for projects aiming towards socially and environmentally beneficial goals, for example for improving accessibility for persons with disabilities, the developing assistive technologies, or addressing energy poverty, among other aims.
2022/02/22
Committee: IMCO
Amendment 85 #

2021/0293(COD)

Proposal for a decision
Article 1 – paragraph 1 – point a
(a) set a clear direction for the inclusive digital transformation of the Unionat the service of the Union's objectives and for delivery of the digital targets;
2022/02/22
Committee: IMCO
Amendment 89 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point a
(a) promote a human-centered, sustainable, inclusive, secure, accessible and open digital environment where digital technologies and services respect and enhance Union principles, rights and values;
2022/02/22
Committee: IMCO
Amendment 92 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
(aa) ensure that all members of society benefit from digital transformation equally, and no one is left behind, by applying a strong intersectional approach to policies and actions under this Policy Programme, and addressing existing and potential digital gaps due to inaccessible technologies, lack of digital skills, socio- economic barriers, or other reasons;
2022/02/22
Committee: IMCO
Amendment 104 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divides, whether social, economic, geographic or gender-based, notably by promoting basic and specialised digital skills for all and fostering the development of high- performing and inclusive digital education and training systems, accessible for everyone;
2022/02/22
Committee: IMCO
Amendment 111 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructure capable tof processing vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry;
2022/02/22
Committee: IMCO
Amendment 114 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on easyon open, accessible and fair terms in order to achieve a high level of digital intensity and innovation in Union’s enterprises, in particular small and medium ones;
2022/02/22
Committee: IMCO
Amendment 117 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
(da) ensure access to data, while ensuring protection of security and fundamental rights;
2022/02/22
Committee: IMCO
Amendment 119 #

2021/0293(COD)

Proposal for a decision
Article 1 – paragraph 1 – point a
(a) set a clear direction for than inclusive, social and sustainable digital transformation of the Union and for delivery of the digital targets;
2022/03/11
Committee: EMPL
Amendment 122 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone, in particular disadvantagmarginalised groups including persons with disabilities, offering inclusive, efficient, accessible, interoperable, and personalised services and tools with high security and privacy standards;
2022/02/22
Committee: IMCO
Amendment 123 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
(e a) ensure that everyone, in particular marginalised groups, including persons with disabilities, has easy access to inclusive, efficient, accessible, interoperable, and personalised services and tools with high security and privacy standards such as state-of-the-art, end to end encryption and free and open source solutions;
2022/02/22
Committee: IMCO
Amendment 125 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point f
(f) ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient, by default and contribute to a sustainable circular and climate-neutral economy and society in line withorder to achieve the European Green Deal and the Union’s environmental targets and objectives;
2022/02/22
Committee: IMCO
Amendment 128 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point f a (new)
(fa) ensure that a robust multicriteria life-cycle assessment methodology for the environmental impact of digital technologies and infrastructures is developed and that its use becomes standard practice in the Union;
2022/02/22
Committee: IMCO
Amendment 128 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point a
(a) promote a human-centered, sustainable, inclusive, secure, social, accessible and open digital environment where digital technologies and services respect and enhance Union rights, principles and values;
2022/03/11
Committee: EMPL
Amendment 132 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation throughout the Union, including by strengthening the synergies between the use of Union and national funds, promoting investment in support of socially and environmentally beneficial outcomes and developing predictable regulatory approaches;
2022/02/22
Committee: IMCO
Amendment 135 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point h a (new)
(ha) ensure strong civil society involvement, including involvement of organisations of persons with disabilities, human rights groups, environmental organisations, digital and consumer rights representatives, and accessibility experts, in the development and implementation of policies and actions under the “Path to the Digital Decade” Policy Programme.
2022/02/22
Committee: IMCO
Amendment 140 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point b
(b) reinforce Member States’ collective resilience and bridge the digital divides, whether social, economic, geographic or gender-based, including bridging the digital gender gap of women in STEM, notably by promoting basic and specialised digital skills for all and fostering the development of high-performing, inclusive, digital education and training systems, free and accessible to everyone, including people with disabilities;
2022/03/11
Committee: EMPL
Amendment 145 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point b a (new)
(b a) ensure that all members of society benefit from digital transformation equally, and no one is left behind, by applying a strong intersectional approach to policies and actions under this Policy Programme, and addressing existing and potential digital gaps due to inaccessible technologies, lack of digital skills, socio- economic barriers, or other reasons;
2022/03/11
Committee: EMPL
Amendment 149 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergence between women and menout gender, social or geographical divides;
2022/02/22
Committee: IMCO
Amendment 150 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b a (new)
(ba) all Member States develop digital empowerment courses for their youth with a focus on the risks of the attention economy, knowledge of their digital rights and recourse, media literacy, disinformation and control over their personal data;
2022/02/22
Committee: IMCO
Amendment 151 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – introductory part
(2) secure, performant and sustainable digital technologies and infrastructures:
2022/02/22
Committee: IMCO
Amendment 153 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5Ghigh- speed networks complementing existing networks and eco-designed services mainstreamed to ensure the tackling of digital divide in remote areas;
2022/02/22
Committee: IMCO
Amendment 155 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
(aa) 80% of data centers in Europe are highly-energy efficient with high eco- design standards using renewable energy such as free-cooling and free-chilling and optimised to reuse generated heat for societal use;
2022/02/22
Committee: IMCO
Amendment 156 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point c
(c) ensure digital sovereignty notably by a secure and accessible digital infrastructure capable tof processing vast volumes of data that enables other technological developments, supporting the competitiveness of the Union's industry;
2022/03/11
Committee: EMPL
Amendment 157 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a b (new)
(ab) 80% of the components of digital devices and infrastructures are collected at the end-of-life and recycled in Europe to fuel the secondary raw material market and boost innovation;
2022/02/22
Committee: IMCO
Amendment 158 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a c (new)
(ac) 100% of digital equipment has a lifespan of at least 5 years and 60% of the digital equipment market consists of refurbished and reused goods;
2022/02/22
Committee: IMCO
Amendment 159 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a d (new)
(ad) 50% of the annual digital budget of the Union and Member States is directed towards sustainable application of digital technologies;
2022/02/22
Committee: IMCO
Amendment 160 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a e (new)
(ae) sustainability is mainstreamed in 100% of investments in digital technologies and infrastructures in the Union and mandatory prior environmental impact assessments are systemised;
2022/02/22
Committee: IMCO
Amendment 160 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point d
(d) promote the deployment and the use of digital capabilities giving access to digital technologies and data on open, accessible, easy and fair terms in order to achieve a high level of digital intensity and innovation in Union’s enterprises, in particular small and medium ones;
2022/03/11
Committee: EMPL
Amendment 163 #

2021/0293(COD)

(da) by 2030, all Union citizens can communicate via interoperable total conversation and real-time text technologies as mainstream electronic communication services;
2022/02/22
Committee: IMCO
Amendment 164 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point e
(e) ensure that democratic life, public services and health and care services are accessible online for everyone, in particular disadvantaged groups including persons with disabilities, and the elderly, offering inclusive, efficient, and personalisedccessible, services and tools with high security and privacy standards, and will be enabled to access these via free trainings and accessible, tailored human guidance available at all times, while always maintaining the choice for offline services;
2022/03/11
Committee: EMPL
Amendment 165 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point a – introductory part
(a) at least 75% of relevant Union enterprises have taken up:
2022/02/22
Committee: IMCO
Amendment 166 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c
(c) the Union grows the pipeline of its innovative scale ups and improves their access to finance, leading to at least doubling the number of unicornsfacilitates the growth of scale ups, including their access to finance;
2022/02/22
Committee: IMCO
Amendment 167 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c a (new)
(ca) 50% of businesses use European- based cloud solutions to enhance European digital sovereignty;
2022/02/22
Committee: IMCO
Amendment 168 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c b (new)
(cb) 100% of relevant businesses use an accessible and affordable tool for the environmental assessment of their digital use according to a standardised EU-level multicriteria life-cycle assessment methodology and are able to make empowered sustainable decisions;
2022/02/22
Committee: IMCO
Amendment 168 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
(e a) ensure that everyone, in particular marginalised groups, including persons with disabilities, have easy access to inclusive, efficient, accessible, interoperable services and tools with high security and privacy standards such as state-of-the-art encryption and free and open source solutions;
2022/03/11
Committee: EMPL
Amendment 169 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c c (new)
(c c) 30% of EU and national digital budgets is directed towards innovation for sustainable technologies in line with the Union’s environmental objectives;
2022/02/22
Committee: IMCO
Amendment 170 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c d (new)
(cd) all Member States engaged in the creation of sustainable innovation hubs gathering businesses, innovators, scientists and environmental and digital rights groups to foster the exchange of best practices and the emergence of world-class sustainable technologies;
2022/02/22
Committee: IMCO
Amendment 171 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c e (new)
(ce) at least 90% of services and products on the Union market are accessible for everyone, including persons with disabilities;
2022/02/22
Committee: IMCO
Amendment 173 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – introductory part
(4) sustainable digitalisation of public services:
2022/02/22
Committee: IMCO
Amendment 174 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point f
(f) ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient, and contribute to a sustainable circular and climate-neutral economy and society in line withto achieve the European Green Deal and the Union’s environmental targets and objectives;
2022/03/11
Committee: EMPL
Amendment 175 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services foraccessible for all Union citizens and businesses, while ensuring access to adequate human personnel to assist in public and administrative procedures;
2022/02/22
Committee: IMCO
Amendment 176 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have access to their medical records (electronic health records (EHR)) with strong privacy and encryption safeguards including decentralised storage;
2022/02/22
Committee: IMCO
Amendment 176 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point f a (new)
(f a) ensure that a robust multicriteria life-cycle assessment methodology for the environmental impact of digital technologies and infrastructures is developed and that its use becomes standard practice in the Union;
2022/03/11
Committee: EMPL
Amendment 177 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point g
(g) facilitate convergent conditions for investments in digital transformation that ensure environmental sustainability, respect for fundamental rights and equality throughout the Union, including by strengthening the synergies between the use of Union and national funds, promoting investment in support of socially and environmentally beneficial outcomes and developing predictable regulatory approaches;
2022/03/11
Committee: EMPL
Amendment 180 #

2021/0293(COD)

Proposal for a decision
Article 2 – paragraph 1 – point h a (new)
(h a) ensure strong civil society involvement, including involvement of human rights organisations, social partners, organisations representing persons with disabilities, women’s rights, youth organisations, environmental organisations, digital and consumer rights representatives, and accessibility experts, in the development and implementation of policies and actions under the 2030 Digital Decade Policy Programme.
2022/03/11
Committee: EMPL
Amendment 181 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
(c) at least 8100% of Union citizens use awho want to use an accessible digital identification (ID) solution can do so.
2022/02/22
Committee: IMCO
Amendment 182 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c a (new)
(ca) 100% of public procurement has mandatory sustainability criteria and targets and favour open-source and interoperable solutions;
2022/02/22
Committee: IMCO
Amendment 186 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – introductory part
(1) a broad digitally skilled population for all age groups, and highly skilled digital professionals:
2022/03/11
Committee: EMPL
Amendment 188 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b
(b) at least 20 million employed information and communications technology (ICT) specialists are employed, with convergence between women and menout gender, social or geographic divides;
2022/03/11
Committee: EMPL
Amendment 189 #

2021/0293(COD)

Proposal for a decision
Article 5 – paragraph 1
(1) The Commission shall monitor the progress of the Union against each of the objectives and digital targets set out in Articles 2 and 4. To this end, the Commission shall rely upon Digital Economy and Society Index (DESI), and for the purpose of this decision, in accordance with Article 25 (2), shall set out in an implementing act the key performance indicators (‘KPIs’) for each digital target. The Commission shall develop a multicriteria life-cycle assessment methodology to calculate the environmental impact of digital technologies, establish a digital environmental index and mainstream its use in the Union.
2022/02/22
Committee: IMCO
Amendment 189 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b a (new)
(b a) all Member States must develop and fund both basic and specialised digital skills training programmes, ensuring that these trainings have proper quality requirements and checks and match the skills needed on the labour market;
2022/03/11
Committee: EMPL
Amendment 191 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b b (new)
(b b) all Member States must use the digital transition to ensure inclusive, accessible safe, privacy-proof and trusted, work- and education environments without digital surveillance;
2022/03/11
Committee: EMPL
Amendment 192 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b c (new)
(b c) all Member States should look into ways of providing incentives to ICT companies to hire a diverse workforce, with the focus on hiring and retaining women, people with a minority background, people with a disability or neurodiverse people, and non- academically schooled people;
2022/03/11
Committee: EMPL
Amendment 193 #

2021/0293(COD)

Proposal for a decision
Article 5 – paragraph 2
(2) Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in Article 4 and the objectives set out in Article 2. This shall include relevant information on the availability and accessibility of spectrum. Where the relevant statistics from Member States are not yet available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States. The use of that alternative data collection methodology shall not affect the tasks of Eurostat as laid down in Commission Decision 2012/504/EU47 . _________________ 47 Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).
2022/02/22
Committee: IMCO
Amendment 193 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b d (new)
(b d) all Member States must ensure a safe and inclusive environment for remote work, guaranteeing the right to disconnect and ensuring equal treatment;
2022/03/11
Committee: EMPL
Amendment 194 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b e (new)
(b e) all Member States will ensure the provision of digital empowerment education at schools with a focus on media literacy, disinformation, the risks of the attention economy, knowledge of their digital rights and recourse and control over their personal data;
2022/03/11
Committee: EMPL
Amendment 196 #

2021/0293(COD)

Proposal for a decision
Article 6 – paragraph 1
(1) The Commission shall submit annually to the European Parliament and the Council a report on the “State of the Digital Decade”. This report shall be the comprehensive report of the Commission on the progress on digital transformation of the Union and i. It shall include the Digital Economy and Society Index (DESI) and the digital environmental impact index of digital technologies in Europe.
2022/02/22
Committee: IMCO
Amendment 197 #

2021/0293(COD)

(2) In the report on the “State of the Digital Decade”, the Commission shall provide an assessment of the progress of the Union’s digital transition against the digital targets set out in Article 4 as well as the state of compliance with the general objectives referred to in Article 2 and the principles enshrined in the [insert title of solemn Declaration]. The assessment of the progress made shall be based, in particular, on the analysis and key performance indicators in the DESI as compared to Union-level and, where applicable, national projected trajectories, and, where applicable, on the establishment of and progress regarding Multi-Country Projects.
2022/02/22
Committee: IMCO
Amendment 197 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a
(a) all European households are covered by a Gigabit network, with all populated areas covered by 5Ghigh- speed networks complement existing networks and eco-designed services mainstreamed to ensure the tackling of digital divide in remote;
2022/03/11
Committee: EMPL
Amendment 198 #

2021/0293(COD)

Proposal for a decision
Article 6 – paragraph 3 – introductory part
(3) In the report on the “State of the Digital Decade”, the Commission may recommend policies, measures or actions to be taken by Member States in areas where progress was insufficient to achieve the digital targets set out in Article 4, where the objectives set out in Article 2 were not respected or where significant gaps and shortages have been identified based on the results of the report on the “State of the Digital Decade”. Those recommended policies, measures or actions may, in particular, address:
2022/02/22
Committee: IMCO
Amendment 198 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a a (new)
(a a) 80% of data centers in Europe are highly-energy efficient with high eco- design standards using renewable energy such as free-cooling and free-chilling and optimised to reuse generated heat for societal use;
2022/03/11
Committee: EMPL
Amendment 199 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a b (new)
(a b) 80% of the components of digital devices and infrastructures are collected at the end-of-life and recycled in Europe to fuel the secondary raw material market and boost innovation;
2022/03/11
Committee: EMPL
Amendment 200 #

2021/0293(COD)

Proposal for a decision
Article 7 – paragraph 2 – point b
(b) national projected trajectories contributing to relevant digital targets measurable at national level and how the objectives are mainstreamed in these trajectories;
2022/02/22
Committee: IMCO
Amendment 200 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a c (new)
(a c) 100% of digital equipment has a lifespan of at least 5 years and 60% of the digital equipment market consists of refurbished and reused goods;
2022/03/11
Committee: EMPL
Amendment 201 #

2021/0293(COD)

Proposal for a decision
Article 7 – paragraph 4
(4) Member States shall provide a general overview of the investment needed to contribute to the achievement of the objectives and digital targets as set out in their national Digital Decade strategic roadmaps, as well as a general description on the sources of that investment, including, where applicable, planned use of Union programmes and instruments. The national Digital Decade strategic roadmaps may include proposals for Multi-Country Projects.
2022/02/22
Committee: IMCO
Amendment 201 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a d (new)
(a d) 50% of the annual digital budget of the Union and Member States is directed towards sustainable application of digital technologies;
2022/03/11
Committee: EMPL
Amendment 202 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a e (new)
(a e) Sustainability is mainstreamed in 100% of investments in digital technologies and infrastructures in the Union and mandatory prior environmental impact assessments are systemised;
2022/03/11
Committee: EMPL
Amendment 203 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 2 – point a f (new)
(a f) by 2030 all Union citizens can communicate via interoperable total conversation and real-time text technologies as mainstream electronic communication services;
2022/03/11
Committee: EMPL
Amendment 204 #

2021/0293(COD)

Proposal for a decision
Article 8 – paragraph 1
(1) Member States and the Commission shall closely cooperate to identify ways to address deficiencies in areas where progress was insufficient to achieve one or more of the digital targets set out in Article 4, the objectives in Article 2, or where significant gaps and shortages have been identified based on the results of the report on the ”State of the Digital Decade”. This analysis shall take into account, in particular, the different capacities of Member States to contribute to some of the digital targets and the risk that delays on certain of these targets may have a detrimental effect on the achievement of other digital targets.
2022/02/22
Committee: IMCO
Amendment 206 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point a – introductory part
(a) where relevant, at least 75% of Union enterprises have taken up:
2022/03/11
Committee: EMPL
Amendment 207 #

2021/0293(COD)

Proposal for a decision
Article 8 – paragraph 3
(3) Within five months from the publication of the report on the “State of the Digital Decade”, the Member States concerned shall submit to the Commission adjustments to their national Digital Decade strategic roadmaps consisting of policies, measures and actions they intend to undertake, including, where relevant, proposals for Multi-Country Projects, to foster progress in the areas concerned by the digital targets set out in Article 4 and to fulfillachieve the objectives set out in Article 2. If a Member State considers that no action is required and that its national Digital Decade strategic roadmap does not require updating, it shall provide its reasons in writing.
2022/02/22
Committee: IMCO
Amendment 208 #

2021/0293(COD)

Proposal for a decision
Article 8 – paragraph 4
(4) At any point of the annual cooperation, the Commission and one or more Member States may undertake joint commitments, consult with other Member States on policy, measures or actions or establish Multi-Country Projects as provided for in Article 12. The Commission or aA Member State which has proposed a policy, a measure or an action may also request a peer review process to be launched regarding specific aspects of that policy, measure or action, and in particular on its suitability to contribute to achieving a specific digital target. The outcome of the peer review process may be included in the following Report on the “State of the Digital Decade”.
2022/02/22
Committee: IMCO
Amendment 209 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c a (new)
(c a) 50% of businesses use European- based cloud solutions to enhance European digital sovereignty;
2022/03/11
Committee: EMPL
Amendment 211 #

2021/0293(COD)

Proposal for a decision
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with private and public stakeholders, including social partners and civil society, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
2022/02/22
Committee: IMCO
Amendment 211 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c b (new)
(c b) 100% of relevant businesses use an accessible and affordable tool for the environmental assessment of their digital use according to a standardised EU-level multicriteria life-cycle assessment methodology and are able to make empowered sustainable decisions;
2022/03/11
Committee: EMPL
Amendment 212 #

2021/0293(COD)

Proposal for a decision
Article 11 – paragraph 2
(2) The Member States shall cooperate with private and public stakeholders, including social partners, in line with the national legislation and civil society, when adopting their national Digital Decade strategic roadmaps and their adjustments.
2022/02/22
Committee: IMCO
Amendment 212 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c c (new)
(c c) 30% of EU and national digital budgets is directed towards innovation for sustainable technologies in line with the EU’s environmental objectives;
2022/03/11
Committee: EMPL
Amendment 213 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 1
(1) The general objective of the Multi- Country Projects shall be to facilitate the achievement of the digital targets, while ensuring that the objectives described in Article 2 are achieved.
2022/02/22
Committee: IMCO
Amendment 213 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c d (new)
(c d) All Member States engaged in the creation of sustainable innovation hubs gathering businesses, innovators, scientists and environmental and digital rights groups to foster the exchange of best practices and the emergence of world-class sustainable technologies;
2022/03/11
Committee: EMPL
Amendment 214 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – introductory part
(2) Multi-Country Projects shall aim at one or more of the following specific objectivegoals:
2022/02/22
Committee: IMCO
Amendment 214 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 3 – point c e (new)
(c e) at least 90% of services and products on the Union market are accessible for everyone, including persons with disabilities;
2022/03/11
Committee: EMPL
Amendment 215 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point b
(b) reinforcing the Union’s technology excellence and industrial competitiveness in critical technologies, digital products, services and infrastructures that are essential for economic recovery and prosperity, for citizens’the economic well-being security and safety of individuals;
2022/02/22
Committee: IMCO
Amendment 215 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – introductory part
(4) environmentally sustainable and social digitalisation of public services in line with human rights:
2022/03/11
Committee: EMPL
Amendment 216 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point a
(a) 100% online accessible provision of key public services for Union citizens and businessesaccessible for all individuals and businesses, while ensuring access to adequate human personnel to assist in public and administrative procedures, and while ensuring the right to offline services and always having a possibility to be helped by a human;
2022/03/11
Committee: EMPL
Amendment 218 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have access to theirwho want to use medical records (electronic health records (EHR)) will have access to these with strong privacy and encryption safeguards including decentralised storage;
2022/03/11
Committee: EMPL
Amendment 219 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point e
(e) contributing to a sustainable digital transformation of society and the economy that benefits all businesses and citizen, all socio- economic groups and individuals across the Union;
2022/02/22
Committee: IMCO
Amendment 223 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c
(c) at least 8100% of Union citizens who want to use a digital identification (ID) solution can do so, but will not be obliged to use it de jure nor de facto.
2022/03/11
Committee: EMPL
Amendment 225 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 5
(5) The Commission may adopt a recommendation to set up a Multi-Country Project or to invite a Member State to participate in a Multi-Country Project meeting the requirements of paragraphs (1) to (3) , taking into account the progress implementing the national Digital Decade strategic roadmaps and theobjectives as well as adherence to the Commission’s recommended actions. The Commission and Member States may also undertake to set up, or join, a Multi- Country Project as a joint commitment.
2022/02/22
Committee: IMCO
Amendment 225 #

2021/0293(COD)

Proposal for a decision
Article 4 – paragraph 1 – point 4 – point c a (new)
(c a) 100% of public procurement has mandatory social, sustainability and privacy criteria and targets and favour open-source and interoperable solutions;
2022/03/11
Committee: EMPL
Amendment 226 #

2021/0293(COD)

Proposal for a decision
Article 5 – paragraph 1
(1) The Commission shall monitor the progress of the Union against the objectives and digital targets set out in Articles 2 and 4. To this end, the Commission shall rely upon Digital Economy and Society Index (DESI), and for the purpose of this decision, in accordance with Article 25 (2), shall set out in an implementing act the key performance indicators (‘KPIs’) for each digital target. The Commission shall develop a multi-criteria life-cycle assessment methodology to calculate the environmental impact of digital technologies, establish a digital environmental index and mainstream its use in the Union.
2022/03/11
Committee: EMPL
Amendment 227 #

2021/0293(COD)

Proposal for a decision
Article 13 – paragraph 3
(3) Other entities, whether public or private, may contribute to Multi-Country Projects where appropriate. Private contributions shall not result in restrictions to the availability of the outcomes of the projects for individuals and businesses in the Union.
2022/02/22
Committee: IMCO
Amendment 229 #

2021/0293(COD)

Proposal for a decision
Article 15 – paragraph 3
(3) An EDIC shall have in each Member State the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire, own and dispose of movable, and immovable and intellectual property, conclude contracts and be a party to legal proceedings.
2022/02/22
Committee: IMCO
Amendment 229 #

2021/0293(COD)

Proposal for a decision
Article 5 – paragraph 2
(2) Member States shall provide to the Commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in Article 4 and the objectives set out in Article 2. This shall include relevant information on the availability and accessibility of spectrum. Where the relevant statistics from Member States are not yet available, the Commission may use an alternative data collection methodology, such as studies or direct collection of data from the Member States, in consultation with the Member States. The use of that alternative data collection methodology shall not affect the tasks of Eurostat as laid down in Commission Decision 2012/504/EU47 . _________________ 47 Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).
2022/03/11
Committee: EMPL
Amendment 233 #

2021/0293(COD)

Proposal for a decision
Article 17 – paragraph 4
(4) An EDIC may be open to the participation of entities other than Member States, which may include inter alia international organizations and private entities, as specified in the Statutes. If this is the case, Member States shall hold jointly the majority of the voting rights in the assembly of members and enough votes to make any decision, regardless of the amount of contributions from entities other than Member States.
2022/02/22
Committee: IMCO
Amendment 234 #

2021/0293(COD)

Proposal for a decision
Article 6 – paragraph 1
(1) The Commission shall submit annually to the European Parliament and the Council a report on the “State of the Digital Decade”. This report shall be the comprehensive report of the Commission on the progress on digital transformation of the Union and it shall include the Digital Economy and Society Index (DESI) and the digital environmental impact index of digital technologies in Europe.
2022/03/11
Committee: EMPL
Amendment 235 #

2021/0293(COD)

Proposal for a decision
Article 19 – paragraph 1 – point f
(f) rules on the ownership of infrastructure, intellectual property and other assets, as applicableproperty.
2022/02/22
Committee: IMCO
Amendment 236 #

2021/0293(COD)

Proposal for a decision
Article 6 – paragraph 2
(2) In the report on the “State of the Digital Decade”, the Commission shall provide an assessment of the progress of the Union’s digital transition against the digital targets set out in Article 4 as well as the state of compliance with the general objectives referred to in Article 2 and the principles enshrined in the [insert title of solemn Declaration]. The assessment of the progress made shall be based, in particular, on the analysis and key performance indicators in the DESI as compared to Union-level and, where applicable, national projected trajectories, and, where applicable, on the establishment of and progress regarding Multi-Country Projects. The report shall also include an assessment on the positive and negative impacts in the labour market, which looks at skills mismatches and analyse the steps taken to address these, broken down by age group and gender, and the inclusion of people with disabilities. It shall analyse the impact of digitalisation on vulnerable groups, especially those in non-standard forms of work, such as zero-hour contracts and platform workers, and the self-employed, as well as the impact of digitalisation on psychosocial, risks, precariousness, insecurity, musculoskeletal disorders and mental health, and must ensure that reaching those targets in compliance with EU legislation such as Directive 2003/88/EC, Directive 89/391/EEC, Directive 90/270/EEC, Directive 2019/1152, Directive 2019/1158, the European Pillar of Social Rights Action Plan and the new EU Strategic Framework on health and safety at work 2021-2027.
2022/03/11
Committee: EMPL
Amendment 239 #

2021/0293(COD)

Proposal for a decision
Article 6 – paragraph 3 – introductory part
(3) In the report on the “State of the Digital Decade”, the Commission may recommend policies, measures or actions to be taken by Member States in areas where progress was insufficient to achieve the digital targets set out in Article 4, where the objectives set out in article 2 were not respected, or where significant gaps and shortages have been identified based on the results of the report on the “State of the Digital Decade”. Those recommended policies, measures or actions may, in particular, address:
2022/03/11
Committee: EMPL
Amendment 241 #

2021/0293(COD)

Proposal for a decision
Article 6 – paragraph 6 a (new)
(6 a) The report shall analyse if the plans for digital transformation to achieve the targets in Article 4 are in compliance with the European Pillar of Social Rights, Declaration on European Digital Rights and Principles and the Sustainable Development Goals.
2022/03/11
Committee: EMPL
Amendment 243 #

2021/0293(COD)

Proposal for a decision
Article 7 – paragraph 1
(1) By [six months after the entry into force of this Decision- specific date to be inserted by OP], Member States shall submit to the Commission their national Digital Decade strategic roadmaps which shall be consistent with, and contribute to achieving at Union level, the objectives and digital targets set out in this Decision. Member States and the Commission shall take into account relevant sectoral initiatives, and environmental costs, and ensure consistency with them.
2022/03/11
Committee: EMPL
Amendment 248 #

2021/0293(COD)

Proposal for a decision
Article 7 – paragraph 2 – point b
(b) national projected trajectories contributing to relevant digital targets measurable at national level and how the objectives are mainstreamed in these trajectories;
2022/03/11
Committee: EMPL
Amendment 249 #

2021/0293(COD)

Proposal for a decision
Article 7 – paragraph 2 – point c
(c) the impact expected to be made on each digital target broken down by age group and gender, as a result of the implemented, adopted and planned policies, measures and actions;
2022/03/11
Committee: EMPL
Amendment 252 #

2021/0293(COD)

Proposal for a decision
Article 7 – paragraph 3 – point f a (new)
(f a) they have been designed with the social partners, and they are part of the implementation and evaluation process
2022/03/11
Committee: EMPL
Amendment 254 #

2021/0293(COD)

Proposal for a decision
Article 8 – paragraph 1
(1) Member States and the Commission shall closely cooperate to identify ways to address deficiencies in areas where progress was insufficient to achieve one or more of the digital targets set out in Article 4, the objectives in Article 2, or where significant gaps and shortages have been identified based on the results of the report on the ”State of the Digital Decade”. This analysis shall take into account, in particular, the different capacities of Member States to contribute to some of the digital targets and, the risk thatcosts of not reaching them, and the consequences of delays on reaching certain of these targets may have a detrimental effect onin relation to the achievement of other digital targets.
2022/03/11
Committee: EMPL
Amendment 256 #

2021/0293(COD)

Proposal for a decision
Article 8 – paragraph 3
(3) Within five months from the publication of the report on the “State of the Digital Decade”, the Member States concerned shall submit to the Commission adjustments to their national Digital Decade strategic roadmaps consisting of policies, measures and actions they intend to undertake, including, where relevant, proposals for Multi-Country Projects, to foster progress not only in digitalisation but also in social inclusion, labour market inclusion, and gender inclusion for women in STEM, in the areas concerned by the digital targets set out in Article 4 and to fulfill objectives set out in Article 2. If a Member State considers that no action is required and that its national Digital Decade strategic roadmap does not require updating, it shall provide its reasons in writing.
2022/03/11
Committee: EMPL
Amendment 262 #

2021/0293(COD)

Proposal for a decision
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with private and public stakeholders, including social partners and civil society, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.
2022/03/11
Committee: EMPL
Amendment 263 #

2021/0293(COD)

Proposal for a decision
Article 11 – paragraph 2
(2) The Member States shall cooperate with private and public stakeholders, including social partners and civil society, in line with the national legislation, when adopting their national Digital Decade strategic roadmaps and their adjustments.
2022/03/11
Committee: EMPL
Amendment 264 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 1
(1) The general objective of the Multi- Country Projects shall be to facilitate the achievement of the digital targets while ensuring that the objectives described in article 2 are achieved.
2022/03/11
Committee: EMPL
Amendment 270 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point b
(b) reinforcing the Union’s technology excellence and industrial competitiveness in critical technologies, digital products, services and infrastructures that are essential for economic recovery and, prosperity, for citizens’well-being, and the security and safety of individuals;
2022/03/11
Committee: EMPL
Amendment 271 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point c
(c) addressing strategic, geographical, and demographical, vulnerabilities and dependencies of the Union along the digital supply chains;
2022/03/11
Committee: EMPL
Amendment 272 #

2021/0293(COD)

Proposal for a decision
Article 12 – paragraph 2 – point e
(e) contributing to a sustainable digital transformation of society and the economy that benefits all businesses, and citizens society as a whole, including those who fall outside of the labour market, across the Union;
2022/03/11
Committee: EMPL
Amendment 276 #

2021/0293(COD)

Proposal for a decision
Article 13 – paragraph 3
(3) Other entities, whether public or private, may contribute to Multi-Country Projects where appropriate. Private contributions must not result in restrictions to the availability of the outcomes of the projects for individuals and businesses in the Union.
2022/03/11
Committee: EMPL
Amendment 60 #

2021/0291(COD)

Proposal for a directive
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs and that developing a common charger for certain categories or classes of radio equipment is necessary, particularly for the benefit of consumers. This is also in line with the goals of the European Green Deal and should therefore be achieved. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
2022/02/21
Committee: IMCO
Amendment 62 #

2021/0291(COD)

Proposal for a directive
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. Recent voluntary initiatives do not fully meet Union policy objectives to reduce electronic waste (e-wasNevertheless, the single market is not exploiting its full potential and the continuing fragmentation of the market for chargers and charging interfaces for mobile phones and other categories or classes of radio equipment translates into an increase in electronic waste (e-waste) and consumer frustration. Recent voluntary initiatives have proved unsuccessful to meet Union policy objectives to reduce e-waste, ensure consumer convenience and avoid fragmentation of the market for charging devices. To date), ensure consumer convenience and avoid fragmentation of the market for charging devicethere are no voluntary commitments or binding requirements on common chargers or charging interfaces for mobile phones or other similar portable devices. A comprehensive approach at Union level is needed to address the risks related to the continued market fragmentation, to minimise the environmental impact of portable product chargers and to empower consumers by providing them with a sustainable choice when buying such products.
2022/02/21
Committee: IMCO
Amendment 67 #

2021/0291(COD)

Proposal for a directive
Recital 2 a (new)
(2a) In January 2020, the European Parliament adopted a resolution on a common charger for mobile radio equipment stressing the urgent need for Union regulatory action for a common charger for mobile phones and other small and medium-sized radio equipment devices in order to reduce e-waste, empower consumers to make sustainable choices, and allow consumers to participate fully in an efficient and well- functioning internal market. The resolution also highlights the importance of research and innovation in this domain to improve existing technologies and come up with new ones and the need for a regular scrutiny of the legislative framework for a common charger in order to take into account technical progress.
2022/02/21
Committee: IMCO
Amendment 69 #

2021/0291(COD)

Proposal for a directive
Recital 3
(3) The Union is committed to boosting the efficient use of resources and to reduce the environmental and resource footprint of Union production and consumption by moving to a clean, circular economy through the introduction of initiatives such as Directive 2012/19/EU of the European Parliament and of the Council12 and more recently through the introduction of the European Green Deal. This Directive aims to reduce the e-waste generated by the sale of radio equipment and to reduce the extraction of raw materials and the CO2 emissions generated by the production, transportation and disposal of chargers, thereby promoting a circular economy. __________________ 12 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
2022/02/21
Committee: IMCO
Amendment 70 #

2021/0291(COD)

Proposal for a directive
Recital 4
(4) The Commission’s Circular Economy Action Plan provided for initiatives along the entire life cycle of products, targeting their design, promoting circular economy processes through resource efficiency, zero pollution and waste prevention as key priorities, fostering sustainable consumption, and aiming to ensure that the resources used are kept in the Union economy for as long as possible.
2022/02/21
Committee: IMCO
Amendment 71 #

2021/0291(COD)

Proposal for a directive
Recital 5
(5) The Commission completed an impact assessment study, which has shownconfirmed that the internal market is not exploiting its full potential as continuing fragmentation of the market for charging interfaces and charging communication protocols for mobile phones and other similar radio equipment results in a lack of consumer convenience and an increase in e-waste.
2022/02/21
Committee: IMCO
Amendment 74 #

2021/0291(COD)

Proposal for a directive
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability, minimum power delivery, a common fast charging functionality and the provision of information relating to the charging characteristics of radio equipment to end- users so that they are adequately informed about the negative impact of unnecessary chargers. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipment operating with power delivery up to 100 Watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes of radio equipment, such as information about the minimum and maximum wattage range at the maximum charging speed, so that end-users can easily understand which chargers they can use with which radio equipment device.
2022/02/21
Committee: IMCO
Amendment 83 #

2021/0291(COD)

Proposal for a directive
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that are recharged via wired charging. It is also necessary to provide the basis for adaption, review and modification of the current rules to any future technological progress by introducing a harmonisation ofand to other developments that may have an impact on consumer convenience, environmental benefits and to the degree of fragmentation of the charging interfaces and charging communication protocols. It is also necessary to harmonise the charging interfaces and the charging communication protocols with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging) by 31 December 2025. Such harmonisation should reduce environmental waste, ensure consumer convenience and avoidensure that the wireless charging technology or any other technology that uses other means than wired charging is at least equally energy efficient and safe as a wired solution and that it is interoperable and capable of quickly charging different categories or classes of radio equipment. Such a harmonised approach would help reducing environmental waste, ensure consumer convenience and avoid lock-in effects with proprietary charging solutions as well as fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
2022/02/21
Committee: IMCO
Amendment 90 #

2021/0291(COD)

Proposal for a directive
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end-userscharging devices and cables are systematically sold to end- users with each electronic device. The most effective way to ensure a concrete reduction in environmental impacts and an actual increase in consumer savings is to establish that radio equipment should only be sold to end-users without charging devices and cables. Such measure should be combined with mandatory information to be provided to end-users before the sale of the product, including when the product is sold online. The mandatory unbundling should not be financially detrimental to end-users, and any discriminatory, disproportionate or unfair marketing practice resulting in unnecessary costs and burden for end- users should be monitored and reported by the Commission. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross-border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements to ensure that end-users are not obliged to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment. To ensure the effectiveness of suchTo ensure the effectiveness of the unbundling requirements, end-users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment.
2022/02/21
Committee: IMCO
Amendment 99 #

2021/0291(COD)

Proposal for a directive
Recital 13
(13) With respect to charging by means other thanThe latest technological trends reflect the shift from wired charging to charging by other means, such as different wireless charging technologies, which entail many potential benefits for consumers and the environment such as mitigating e-waste, but also shortcomings, because wireless charging technologies perform less efficiently than wired charging. It should be considered that no standardised test method exists to evaluate and effectively compare the efficiency of wireless charging. Many mobile phones and other categories or classes of radio equipment already use different wiredless charging, methods, and divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to tait is necessary to avoid any future fragmentation in this area or risk of lock-in effect with proprietary charging solutions for wireless charging technologies, which may jeopardise the goals of the common charger initiative. To this end, harmonised standards to evaluate and effectively compare the efficiency of different wireless charging technologies and to harmonise charging interfaces and fast charging protocols for wireless charging are needed to ensure the proper functioning of the internal market action towards harmonising them in the future, if fragmentation on the internal market is observednd the application of this Directive. The Commission should therefore take measures towards harmonising such wireless technologies based on voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council for the purpose of drawing up detailed technical specifications for improving the energy efficiency and the interoperability of those technologies. The Commission should therefore issue standardisation requests to the European standardisation organisations by 2025.
2022/02/21
Committee: IMCO
Amendment 105 #

2021/0291(COD)

Proposal for a directive
Recital 13 a (new)
(13a) In the absence of harmonised standards for interoperability of charging interface and fast charging protocols for wireless charging, and whenever needed for internal market harmonisation purposes, the Commission should be able to adopt the most appropriate technical specification, based on the degree of technical progress and on considerations of consumer convenience and environmental benefits. For instance, the Commission should be able to adopt technical specifications when the standardisation process is blocked due to a lack of consensus between stakeholders or where there are undue delays in the establishment of a harmonised standard, for example because the required quality is not reached. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the wireless requirements covered through the European standardisation system, except where the Commission can demonstrate that the technical specifications comply with the requirements laid down in Annex II to Regulation (EU) No 1025/2012. With a view to establishing such a standard in the most efficient way, the Commission should also fully involve the Commission Expert Group on Radio Equipment throughout the process of adaption and harmonisation.
2022/02/21
Committee: IMCO
Amendment 106 #

2021/0291(COD)

Proposal for a directive
Recital 13 b (new)
(13b) In order to ensure coherence between the provisions of this Directive and other relevant provisions covering radio equipment, it is important to clarify that the provisions of this Directive apply to all end-users including consumers. The applicable definition of ‘end-user’ is laid down in Article 3(21) of Regulation (EU) 2019/1020 and it explicitly indicates that consumers are a particular category of end-users.
2022/02/21
Committee: IMCO
Amendment 108 #

2021/0291(COD)

Proposal for a directive
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those mandatory information requirements would enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 end-users to improve their understanding of the negative environmental impact of unnecessary chargers and of the differences between the available chargers on the market. An easily legible, accessible and understandable label should indicate the information on the charging capabilities and compatible chargers that should allow consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. The label with the information on the charging capabilities and compatible chargers should also be displayed on the instructions for use, which accompany the radio equipment, in order to give end-users a further reference. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements. __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
2022/02/21
Committee: IMCO
Amendment 110 #

2021/0291(COD)

Proposal for a directive
Recital 16 a (new)
(16a) Certain elements of the information referred to in Article 10(8) of Directive 2014/53/EU should also be provided by means of a dedicated graphic, the details of which should be specified in the annex to this Directive. The graphic should consist of visual elements that can easily enable end-users, including end- users with disabilities, to determine before the purchase of the product whether or not a charging device is included with the radio equipment and inform them about the minimum and the maximum power required to charge the radio equipment at the maximum charging speed. The graphic should be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label should be attached on the radio equipment. The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements.
2022/02/21
Committee: IMCO
Amendment 111 #

2021/0291(COD)

Proposal for a directive
Recital 18
(18) Articles 40, 43 and 44 of Directive 2014/53/EU should be amended in order to adapt the references that they contain to the new provisions that are introduced by this Directive. It is important to ensure that national market surveillance authorities have adequate human, financial and technical resources to effectively enforce the new requirements inserted in Articles 3 and 3a and Article 10(8) of Directive 2014/53/EU and to avoid divergent interpretations among market surveillance authorities. During the first five years following the date of application of this Directive, it is therefore essential that the Union finance market surveillance campaigns and associated activities relating to radio equipment falling within the scope of Article 3(4), Article 3a and Article 10(8) of Directive 2014/53/EU. It is essential that Member States conduct market surveillance activities on the information obligations of economic operators, especially at the beginning of the applicability of the new rules. It is important that specific funding is provided for in relation to those activities, taking into account the fact that there are currently many unsafe chargers available on the market. Therefore, the carrying out of strong market surveillance activities about the safety of the chargers is of high importance.
2022/02/21
Committee: IMCO
Amendment 115 #

2021/0291(COD)

Proposal for a directive
Recital 19
(19) In order to address any future developments in charging technology such as the emergence of new categories or classes of radio equipment, increase in voltage power or charging technologies and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment and harmonise wireless technologies, 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 amend the categories or classes of radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information for each of them, as well as the additional and future details on the information, graphic and labelling requirements in relation to charging. 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 on Better Law- Making of 13 April 201615 . 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. __________________ 15 OJ L 123, 12.5.2016, p. 1.
2022/02/21
Committee: IMCO
Amendment 119 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2014/53/EU
Article 3 – paragraph 3 – subparagraph 2
(aa) paragraph 3, second subparagraph, is replaced by the following: ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 44 specifying which categories or classes of radio equipment are concerned by each of the requirements set out in points (a) to (i) of the first subparagraph of this paragraph. With respect to radio equipment referred to in point (a) of this paragraph, the Commission shall adopt a delegated act in accordance with Article 44, by 31 December 2027, with a view to ensuring its application by 1 January 2029, concerning the identification and the setting of harmonised standards and technical specifications, including references and descriptions, in relation to the charging receptacles and charging communication protocols, for rechargeable radio equipment, other than for the categories or classes of radio equipment, specified in Annex Ia, Part I in so far as they are capable of being recharged via wired charging.´
2022/02/21
Committee: IMCO
Amendment 123 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging capabilities set out in that Annex for the relevant category or class of radio equipment.
2022/02/21
Committee: IMCO
Amendment 125 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the charging interfaces and charging communication protocols and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
2022/02/21
Committee: IMCO
Amendment 128 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) introducing, modifying, adding or removing categories or classes of radio equipment or power requirements;
2022/02/21
Committee: IMCO
Amendment 132 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) introducing, modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s), power requirements and charging communication protocol(s), for each category or class of radio equipment concerned.’
2022/02/21
Committee: IMCO
Amendment 137 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44, by 31 December 2025, in order to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the market for charging interfaces and charging communication protocols, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
2022/02/21
Committee: IMCO
Amendment 144 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – point b
(b) introducing, modifying, adding or removing harmonised standards, technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’;
2022/02/21
Committee: IMCO
Amendment 146 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 a (new)
The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the categories of radio equipment falling within the scope of Article 3(4). The Commission shall submit the first draft request to the relevant committee by 31 December 2025.
2022/02/21
Committee: IMCO
Amendment 148 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 b (new)
The Commission may adopt implementing acts establishing technical specifications for the categories of radio equipment set out in Annex Ia to this Directive where the following conditions have been fulfilled: (a) no reference to harmonised standards is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) the reference to harmonised standards is published in the Official Journal of the European Union, but the Commission determines, based on a technical assessment, that such standards do not result in consumer convenience, environmental benefits and reduced market fragmentation; and (c) either: (i) the Commission has requested one or more European standardisation organisations to draft a harmonised standard and there are undue delays in the standardisation procedure or the request has not been accepted by any European standardisation organisations; or (ii) the Commission can demonstrate that a technical specification complies with the requirements laid down in Annex II to Regulation (EU) No 1025/2012, except for the requirement that the technical specifications should have been developed by a non-profit making organisation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(3).
2022/02/21
Committee: IMCO
Amendment 149 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 a (new)
4a. The Commission shall regularly review the requirements referred to in Article 3(4) and, where appropriate, amend the delegated acts and implementing acts adopted in accordance with this Regulation in line with technical progress, and duly taking into account consumer convenience, environmental benefits and the degree of fragmentation of the market for charging interfaces and charging communication protocols.
2022/02/21
Committee: IMCO
Amendment 153 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2014/53/EU
Article 3 a – paragraph 1
Where an economic operator offers to end- users the possibility to acquire radio equipment falling within the scope of Article 3(4) together with a charging device, the end-user shall alsoonly be offered the possibility to acquire the radio equipment without any charging device or cable, and to purchase the charging device and cable separately.;
2022/02/21
Committee: IMCO
Amendment 159 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – introductory part
Directive 2014/53/EU
Article 10 – paragraph 8
(3) in Article 10(8), the following subparagraph iss are added:
2022/02/21
Committee: IMCO
Amendment 161 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
RManufacturers, importers, distributors and, where applicable, authorised representatives shall ensure that radio equipment falling within the scope of Article 3(4) first subparagraph shall be accompanied by clear, understandable, accessible and accurate safety information and instructions, and by information on specifications relating to charging capabilities and to its charging device, as described in Annex Ia, Part II. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part II, by introducing, modifying, adding or removing any details in relation to that information or the way that such information shall be indicated.;
2022/02/21
Committee: IMCO
Amendment 163 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 a (new)
Manufacturers, importers, distributors and where applicable, authorised representatives shall ensure that radio equipment falling within the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable graphic indicating whether or not a charging device is offered together with the radio equipment in accordance with the requirements set out in Annex Ia, Part III. The graphic shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part III, by introducing, modifying, adding or removing any details to the graphic in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Part I and II of that Annex.
2022/02/21
Committee: IMCO
Amendment 164 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 b (new)
Manufacturers, importers, distributors and, where applicable, authorised representatives shall ensure that radio equipment falling with the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable label to provide information on the charging capabilities of the specific radio equipment as set out in Annex Ia, Part IV. The label shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The label shall also be displayed on the instructions for use that accompany the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part IV, by introducing, modifying, adding or removing any details to the label in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Parts I and II of that Annex, also taking into account the developments of the Union framework regulating the ecodesign requirements.
2022/02/21
Committee: IMCO
Amendment 165 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Directive 2014/53/EU
Article 40 – title
Procedure at national level for dealing with radio equipment presenting a risk or not in compliance with essential or information requirements;
2022/02/21
Committee: IMCO
Amendment 166 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2014/53/EU
Article 40 – paragraph 1– subparagraph 1
(b) in paragraph 1, first subparagraph, the words ‘or does not comply with at least one of the applicable essential requirements set out in Article 3 or Article 3a or with the information requirements set out in Article 10(8)’ are added after the words ‘public interest protection covered by this Directive’;
2022/02/21
Committee: IMCO
Amendment 167 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Directive 2014/53/EU
Article 40 – paragraph 5– point b a (new)
(ba) in paragraph 5, the following point is added: ‘(ba) When carrying out market surveillance of radio equipment falling within the scope of Article 3(4), the relevant market surveillance authorities shall perform specific checks about the economic operators’ obligations of information about the charging capabilities in Article 10(8) as well as checks about compliance with the applicable safety information and interoperability requirements, in line with Regulation 2019/1020´;
2022/02/21
Committee: IMCO
Amendment 171 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive 2014/53/EU
Article 47 – paragraph 2 a (new)
(7a) in Article 47, the following paragraph is added: '2a. The Commission shall monitor and review the application of this Directive in relation to new charging technologies and report thereon to the European Parliament and to the Council by 2025 and every three years thereafter. When carrying out the review, the Commission shall in particular evaluate the requirements set out in Article 3a and Article 10(8) and the progress on drawing up relevant European standards and technical specifications necessary to ensure that portable radio equipment interworks with wireless charging technologies. The Commission shall monitor any technological developments that can affect the specifications set out in Part I of Annex Ia, such as products covered, charging speed, power requirements, energy efficiency or emergence of new standards or technologies.’
2022/02/21
Committee: IMCO
Amendment 174 #

2021/0291(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [OP please insert date – 12 months after adoption6 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/02/21
Committee: IMCO
Amendment 177 #

2021/0291(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [OP please insert date 126 months after the end of the transposition period indicated in the preceding subparagraph].
2022/02/21
Committee: IMCO
Amendment 180 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph –1 (new)
Categories or classes of radio equipment operating with power delivery of up to 100W falling under the scope of this Directive: – hand-held mobile phones, – tablets, e-readers, laptops, – digital cameras, – headphones, headsets, earbuds, – handheld videogame consoles, keyboards, mice, – portable speakers, smart speakers, digital radios, – smart watches, personal care devices, sport devices, – GPS/portable navigation, – electronic toys.
2022/02/21
Committee: IMCO
Amendment 184 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging, shall:
2022/02/21
Committee: IMCO
Amendment 193 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, shall:
2022/02/21
Committee: IMCO
Amendment 197 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – point b a (new)
(ba) enable the charging of the radio equipment via USB Power Delivery regardless of the manufacturer of the charging device.
2022/02/21
Committee: IMCO
Amendment 200 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – introductory part
In the case of radio equipment falling within the scope of Article 3 (4), first subparagraph, the following information shall be indicated in printed form on the packaging or, in the absence of packaging, on a label, including in the instructions and safety information, accompanying the radio equipment with the condition that the label can be visible:
2022/02/21
Committee: IMCO
Amendment 202 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point a
(a) a description of the power requirements of the wired charging devices that can be used with that radio equipment, including the minimum and the maximum power required to charge the radio equipment at the maximum charging speed expressed in watts by displaying the text: “the minimum power delivered by the charger shall be equal to or higher than [xx] Watts”. "The maximum power delivered at the maximum charging speed by the charger shall not be higher than [xx] Watts". The number of watts shouldall express the minimum and the maximum power required by the radio equipment at the maximum charging speed;
2022/02/21
Committee: IMCO
Amendment 205 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point b
(b) a description of the specifications in relation to charging capabilities of the radio equipment, in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, including an indication that the radio equipment supports the USB Power Delivery charging protocol by displaying the text “USB PD fast charging” and an indication of any other supported charging protocol by displaying its name in text format.
2022/02/21
Committee: IMCO
Amendment 208 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 2
Such information shall also be provided and displayed online in case of online sales and shall be in a language and a format which can be easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned, and shall be clear, understandable and intelligible.’
2022/02/21
Committee: IMCO
Amendment 210 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II a (new) – title
PART III Graphic indicating whether or not a charging device is offered together with the radio equipment
2022/02/21
Committee: IMCO
Amendment 211 #

2021/0291(COD)

Proposal for a directive
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 1 (new)
1. Charging device (external power supply device) offered with radio equipment shall be indicated in the form of the following graphic:
2022/02/21
Committee: IMCO
Amendment 212 #

2021/0291(COD)

Proposal for a directive
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 2 (new)
2. Charging device (external power supply device) not offered with radio equipment shall be indicated in the form of the following graphic:
2022/02/21
Committee: IMCO
Amendment 213 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II a – paragraph 3 (new)
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
2022/02/21
Committee: IMCO
Amendment 214 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – title
PART IV Content and format of the label providing information on the charging capabilities of the radio equipment
2022/02/21
Committee: IMCO
Amendment 215 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 1
1. The Label shall be indicated in the following format:
2022/02/21
Committee: IMCO
Amendment 216 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 2
2. The letters XX after “Minimum” shall be replaced by the figure corresponding to the minimum power required by the radio equipment to charge, which defines the minimum power that a charging device should supply to charge the radio equipment. The letters XX after “Maximum” shall be replaced by the figure corresponding to the maximum power required by the radio equipment at the maximum charging speed, which defines the power that a charging device should at least supply to achieve that maximum charging speed. The abbreviation "USB PD" (USB Power delivery) shall be displayed if the radio equipment supports this charging communication protocol. "USB PD" is a protocol that negotiates the fastest delivery of current from the charger to the device without shortening the battery lifetime. The power capabilities in the label should be established as key information requirements to ensure comparability between chargers. If deemed necessary, a figure could be provided in brackets indicating the current.
2022/02/21
Committee: IMCO
Amendment 217 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 3
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
2022/02/21
Committee: IMCO
Amendment 169 #

2021/0170(COD)

Proposal for a regulation
Recital 6
(6) Despite the development of sector- specific Union harmonisation legislation that addresses safety aspects of specific products or categories of products, it is practically impossible to adopt Union legislation for all consumer products that exist or may be developed. There is therefore still a need for a broad-based legislative framework of a horizontal nature to fill gaps and, in particular pending revision of the existing sector-specific Union harmonisation legislation, and to complement provisions in existing or forthcoming existing sector-specific Union harmonisation legislation, to ensure consumer protection not otherwise ensured, in particular with a view to achieving a high level of protection of safety and health of consumers, as required by Article 114 and Article 169 of the Treaty.
2022/01/19
Committee: IMCO
Amendment 171 #

2021/0170(COD)

Proposal for a regulation
Recital 8
(8) Whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by Union harmonisation legislation since already covered in such legislation, a certain number of other provisions should apply in order to complement Union harmonisation legislation. In particular the general product safety requirement and related provisions should be applicable to consumer products covered by Union harmonisation legislation when certain types of risks are not coverspecifically regulated by that legislation. The provisions of this Regulation concerning the obligations of online marketplaces, the obligations of economic operators in case of distant sales and accidents, the right of information and remedy for consumers as well as the recalls of consumer products should apply to products covered by Union harmonisation legislation when there are not specific provisions with the same objective in such legislation. Likewise RAPEX is already used for the purposes of Union harmonisation legislation, as referred to in Article 20 of Regulation (EU) 2019/1020 of the European Parliament and of the Council25 , therefore the provisions regulating the Safety Gate and its functioning contained in this Regulation should be applicable to Union harmonisation legislation. __________________ 25 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
2022/01/19
Committee: IMCO
Amendment 174 #

2021/0170(COD)

Proposal for a regulation
Recital 9
(9) The provisions of Chapter VII of Regulation (EU) 2019/1020, setting up the rules of controls on products entering the Union market, are already directly applicable to products covered by this Regulation and it is not the intention of this Regulation to modify such provisions. The stability of the former is particularly important taking into account the fact that the authorities in charge of these controls (which in almost all Member States are the customs authorities) shall perform them on the basis of risk analysis as referred to in Articles 46 and 47 of Regulation (EU) No 952/2013 (the Union Customs Code), the implementing legislation and corresponding guidance. This risk-based approach is pivotal to customs controls given the substantial volumes of goods coming into and leaving the customs territory and results in application of concrete control measures depending on identified priorities. The fact that the Regulation does not modify in any way Chapter VII of Regulation 2019/1020, directly referring to the risk based approach laid down in the customs legislation, means in practice that the authorities in charge of controls on products entering the Union market (including customs authorities) should limitfocus their controls ton the most risky products, depending on the likelihood and impact of the risk, thereby ensuring effectiveness and efficiency of their activities as well as protection of their capacity to perform such controls.
2022/01/19
Committee: IMCO
Amendment 179 #

2021/0170(COD)

Proposal for a regulation
Recital 11
(11) Considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this Regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers, but also in a risk to the health and safety of the public. __________________ 26 European Environment Agency, ‘Healthy environment, healthy lives: how the environment influences health and well-being in Europe’, EEA report No 21/2019, 8 September 2020.
2022/01/19
Committee: IMCO
Amendment 180 #

2021/0170(COD)

Proposal for a regulation
Recital 13
(13) Union legislation on food, feed and related areas sets up a specific system ensuring the safety of the products covered by it. Therefore, food and feed should be excluded from the scope of this Regulation with the excep. The regulation of materials and articles intended to come into contact with food insofar as riskare covered by this Regulation where aspects are concerned that are not already covered by Regulation (EC) No 1935/2004 of the European Parliament and of the Council27 or by other food specific legislation which only covers chemical and biological food-related risks. __________________ 27 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
2022/01/19
Committee: IMCO
Amendment 183 #

2021/0170(COD)

Proposal for a regulation
Recital 16
(16) The requirements laid down in this Regulation should apply to second hand products or products that are repaired, refurbished or recycled that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards, such as antiques or products which are presented asintended to be repaired or to be refurbished.
2022/01/19
Committee: IMCO
Amendment 184 #

2021/0170(COD)

Proposal for a regulation
Recital 18
(18) Services should not be covered by this Regulation. However, in order to secure the attainment of the protection of health and safety of consumers, products that are supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during a service provision, should fall within the scope of this Regulation. Equipment on which consumers ride or travel which is operated by a service provider should be excluded from the scope of this Regulation since it has to be dealt with in conjunction with the safety of the service provided.
2022/01/19
Committee: IMCO
Amendment 185 #

2021/0170(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) Free and open source software, where the source code is openly shared and users can freely access, use, modify and redistribute the software or modified versions thereof, can contribute to research and innovation. In order to avoid imposing obstacles to such market developments, this Regulation should also not apply to free and open source software, provided that it is not supplied in exchange for a price and that the consumer's personal data are exclusively used for improving the security, com-patibility or interoperability of the software.
2022/01/19
Committee: IMCO
Amendment 186 #

2021/0170(COD)

Proposal for a regulation
Recital 18 b (new)
(18 b) The software embedded in a product, either preinstalled or installed subsequently within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, should be part of the risk assessment pertaining to the product safety, in due consideration of the technical and contractual conditions concerning the software at stake. Due account should be taken of the possibility for the free software community, large parts of it are volunteer-based, to produce software for the general public to use which can be integrated, in whole or in part, to products, including in view of improving the functioning of existing software, without automatically becoming subject to obligations designed for businesses providing digital content in a professional capacity.
2022/01/19
Committee: IMCO
Amendment 190 #

2021/0170(COD)

Proposal for a regulation
Recital 20
(20) New technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise, such as an external intervention hacking the product or changing its characteristics. Where software updates may substantially modify the original product, a new risk assessment should be conducted.
2022/01/19
Committee: IMCO
Amendment 194 #

2021/0170(COD)

Proposal for a regulation
Recital 21
(21) The World Health Organisation defines ‘health’ as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. This definition supports the fact that the development of new technologies might bring new health risks to consumers, such as psychological risk, development risks, in particular for children, mental risks, depression, loss of sleep, or altered brain function. Therefore, these aspects need to be taken into account when assessing whether a product is safe, notably in view of assessing the evolution of immaterial harm related to connected products.
2022/01/19
Committee: IMCO
Amendment 199 #

2021/0170(COD)

Proposal for a regulation
Recital 23
(23) The safety of products should be assessed taking into account all the relevant aspects, notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products, in particular children, older persons and persons with disabilities. Therefore, if specific information is necessary to make products safe toward a given category of persons, the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. The safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.
2022/01/19
Committee: IMCO
Amendment 201 #

2021/0170(COD)

Proposal for a regulation
Recital 24
(24) Economic operators and online marketplaces should have obligations concerning the safety of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of the health and safety of consumers. All economic operators and online marketplaces intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products, which are safe and in conformity with this Regulation. It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process.
2022/01/19
Committee: IMCO
Amendment 207 #

2021/0170(COD)

Proposal for a regulation
Recital 25
(25) Distance selling, including online selling, should also fall within the scope of this Regulation. Online selling has grown consistently and steadily, creating new business models and new actors in the market such as the online marketplaces. This Regulation must foresee further obligations in order to ensure the safety of products and the right to access to adequate remedies for consumers.
2022/01/19
Committee: IMCO
Amendment 209 #

2021/0170(COD)

Proposal for a regulation
Recital 25 a (new)
(25 a) The economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 is not always available in the Union. This situation concerns, in particular, products that have been traded via online marketplaces and sent directly to consumers in the Union, without going through fulfilment centers. In such cases, market surveillance authorities cannot enforce measures against economic operators that have placed or made available unsafe products in the internal market. As a consequence, consumers do not always have the possibility to seek redress. In order to give consumers the possibility to exercise their right to access to remedies, online marketplaces that fail to comply with the obligations laid down in this Article or in Article 22 of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC should ensure adequate and proportionate remedies to consumers if the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 does not fulfil its obligations to provide such remedies.
2022/01/19
Committee: IMCO
Amendment 210 #

2021/0170(COD)

Proposal for a regulation
Recital 25 b (new)
(25 b) If online marketplaces have complied with all the requirements laid down in this Regulation, they should not be required to provide remedies to consumers. However, if no economic operator is available for consumer redress, consumers can still seek compensation through ad-hoc national funds. Member States should allocate to their respective funds a proportion of each penalty collected pursuant to Article 40 of this Regulation to finance this fund.
2022/01/19
Committee: IMCO
Amendment 222 #

2021/0170(COD)

Proposal for a regulation
Recital 30
(30) Moreover, for the purposes of effective market surveillance, online marketplaces should register in the Safety Gate portal and indicate, in the same portal, the information concerning their single contact points for the facilitation of communication of information on product safety issues. The single point of contact under this Regulation might be the same as the point of contact under [Article 10] of Regulation (EU) …/…[the Digital Services Act], without endangering the objective of treating issues linked to product safety in a swift and specific manner. Online marketplaces should check barcodes of new products offered for sale online through their services against the information on dangerous products notified by the market surveillance authorities in Safety Gate portal.
2022/01/19
Committee: IMCO
Amendment 226 #

2021/0170(COD)

Proposal for a regulation
Recital 32
(32) The obligations imposed by this Regulation on online marketplaces should neither de jure or de facto amount to a general obligation to monitor the information which they transmit or store, nor to actively seek facts or circumstances indicating illegal activity, such as the sale of dangerous products online. Online marketplaces should, nonetheless, expeditiously remove content referring to dangerous products from their online interfaces, upon obtaining actual knowledge or, in the case of claims for damages, awareness of the illegal content, in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question, in order to benefit from the exemption from liability for hosting services under the 'Directive on electronic commerce' and the [Digital Services Act]. Online marketplaces should process notices concerning content referring to unsafe products, received in accordance with [Article 14] of Regulation (EU) …/…[the Digital Services Act], within the additional timeframes established by this Regulation.
2022/01/19
Committee: IMCO
Amendment 232 #

2021/0170(COD)

Proposal for a regulation
Recital 36
(36) Product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. Consumers should also be protected against dangerous products in the same way in the offline and online sales channels, including when purchasing products on online marketplaces. Building on the provisions of Regulation (EU) …/…[the Digital Services Act] concerning the traceability of traders, online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this Regulation, and unless the online marketplace has checked the barcode of the product against the information on dangerous products in the Safety Gate portal to ensure that the product offered for sale complies with this Regulation. Such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. However, the online marketplace should not be responsible for verifying the completeness, correctness and the accuracy of the information itself, as the obligation to ensure the traceability of products remains with the trader. The online platform should make best efforts to assess whether the information provided is reliable and complete and check the information provided by the trader through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
2022/01/19
Committee: IMCO
Amendment 237 #

2021/0170(COD)

Proposal for a regulation
Recital 38
(38) Direct selling by economic operators established outside the Union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the Union, as in many instances economic operators may not be established nor have a legal representative in the Union. It is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. In order to ensure an effective enforcement of this Regulation, the obligation set out in Article 4(1), (2) and (3) of Regulation 2019/1020 should be extended also to all products falling under the scope of the Union harmonisation legislation and to products falling outside the scope of the Union harmonisation legislation to ensure that there is always a responsible economic operator established in the Union, which is entrusted with tasks regarding such products, providing market surveillance authorities and consumers with an interlocutor and performing specific tasks in a timely manner.
2022/01/19
Committee: IMCO
Amendment 239 #

2021/0170(COD)

Proposal for a regulation
Recital 42
(42) Internal conformity procedures through which economic operators ensure, internally, the effective and swift performance of their obligation as well as the conditions to react timely in case of a dangerous product, should be put in place by the economic operators themselves. However, these procedures should be regularly audited by market surveillance authorities and, when necessary, by independent auditors, in order to ensure a level playing on the internal market.
2022/01/19
Committee: IMCO
Amendment 240 #

2021/0170(COD)

Proposal for a regulation
Recital 44
(44) Ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products, such as targeted recalls. Product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. Products should therefore bear information allowing their identification and the identification of the manufacturer and, if applicable, of the importer or of the authorised representative. Such traceability requirements could be made stricter for certain kinds of products. Manufacturers should also establish technical documentations regarding their products, which should contain the necessary information to prove that their product is safe.
2022/01/19
Committee: IMCO
Amendment 242 #

2021/0170(COD)

Proposal for a regulation
Recital 47
(47) National authorities should be enabled to complement the traditional market surveillance activities focused on safety of products with market surveillance activities focusing on the internal conformity procedures set up by economic operators to ensure product safety. Market surveillance authorities should be able to define standard procedures that would reduce potential disparities between internal conformity procedures set up by companies. Market surveillance authorities should be also able to require the manufacturer to indicate which other products - produced with the same procedure, or containing the same components considered to present a risk or that are part of the same production batch - are affected by the same risk.
2022/01/19
Committee: IMCO
Amendment 246 #

2021/0170(COD)

Proposal for a regulation
Recital 51
(51) Member States should notify in the Safety Gate both compulsory and voluntary corrective measures that prevent, restrict or impose specific conditions on the possible marketing of a product because of a serious risk to the health and safety of consumers or, in case of products covered by Regulation (EU) No 2019/1020, also, to the protection of the environment and public security and to other relevant public interests of the end- users.
2022/01/19
Committee: IMCO
Amendment 249 #

2021/0170(COD)

Proposal for a regulation
Recital 52
(52) Under Article 34 of Regulation (EU) No 2019/1020, Member States authorities are to notify measures adopted against products covered by that Regulation, presenting a less than serious risk, through the information and communication system referred to in the same article, while corrective measures adopted against products covered by this Regulation presenting a less than serious risk should be notified in the Safety Gate. Member States and the Commission should make available to the public information relating to risks to the health and safety of consumers posed by products. It is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the Safety Gate, allowing relevant information on dangerous products to be made available to the public through the Safety Gate portal. Member States are therefore encouraged to notify in the Safety Gate all corrective measures on products posing a risk to the health and safety of consumers, to the protection of the environment and public security and to other relevant public interests of the end-users. The database and website of the Safety Gate should be accessible to persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 254 #

2021/0170(COD)

Proposal for a regulation
Recital 54
(54) The Commission should maintain and further develop the Safety Business Gateway web portal, enabling economic operators and online marketplaces to comply with their obligations to inform market surveillance authorities and consumers of dangerous products they have placed or made available on the market. This tool should also enable economic operators to inform market surveillance authorities of accidents caused by products they have placed or made available on the market. It should enable quick and efficient information exchange between economic operators and national authorities, and facilitate information to consumers from economic operators.
2022/01/19
Committee: IMCO
Amendment 267 #

2021/0170(COD)

Proposal for a regulation
Recital 60
(60) The public interface of the Safety Gate, the Safety Gate portal, allows the general public, including consumers, economic operators and online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market. A separate section of the Safety Gate portal enables consumers to inform the Commission of products presenting a risk to consumer health and safety found in the market. Where relevant, the Commission should provide adequate follow-up, notably by transmitting such information to the concerned national authorities. The database and website of the Safety Gate should be accessible to persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 268 #

2021/0170(COD)

Proposal for a regulation
Recital 61
(61) IPublic access to the information available to the authorities on product safety should be ensured. However, in making available information on product safety to the public, professional secrecy, as referred to in Article 339 of the Treaty, should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures.
2022/01/19
Committee: IMCO
Amendment 270 #

2021/0170(COD)

Proposal for a regulation
Recital 62
(62) When a product already sold to consumers turns out to be dangerous, it may need to be recalled to protect consumers in the Union. Consumers might not be aware that they own a recalled product. In order to increase recall effectiveness, it is therefore important to better reach consumers concerned. Direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. It is also the preferred communication channel across all groups of consumers. In order to ensure the safety of the consumers, it is important that they are informed in a quick and reliable way. Economic operators and online marketplaces should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. Therefore, a legal obligation is needed to require economic operators and online marketplaces to use any customer data already at their disposal to inform consumers of recalls and safety warnings. In this respect, economic operators and online marketplaces will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems, through which customers are asked, after having purchased a product, to communicate to the manufacturer on a voluntary basis some information such as their name, contact information, the product model or serial number.
2022/01/19
Committee: IMCO
Amendment 271 #

2021/0170(COD)

Proposal for a regulation
Recital 64
(64) To encourage consumer response to recalls it is also important that the action required from consumers be as simple as possible and that the remedies offered be effective, cost-free and timely. Directive (EU) 2019/771 of the European Parliament and of the Council32 provides the consumers with the contractual remedies for a lack of conformity of goods that existed at the time of delivery and became apparent within the liability period. The economic operator responsible for the recall, and, where appropriate, the online marketplace should provide similar remedies to the consumer. __________________ 32 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22. 5. 2019, p. 28).
2022/01/19
Committee: IMCO
Amendment 272 #

2021/0170(COD)

Proposal for a regulation
Recital 64 a (new)
(64 a) Directive 2020/1828/EU on Representative Actions for the Protection of the Collective Interests of Consumers underlines that globalisation and digitalisation have increased the risk of a large number of consumers being harmed by the same unlawful practice and that infringements of Union law can cause consumer detriment. Without effective means to bring unlawful practices to an end and to obtain redress for consumers, consumer confidence in the internal market is reduced. As consumers’ interests are heavily affected by unsafe products which are circulating in the internal market it is justified to include this Regulation to Annex I of Directive 2020/1828/EC.
2022/01/19
Committee: IMCO
Amendment 273 #

2021/0170(COD)

Proposal for a regulation
Recital 66 a (new)
(66 a) Highlights that products can present different risks for different genders and that standards often do not take this into account, which leads to discrepancies in terms of safety and therefore a gender safety gap; Stresses that the Gender Responsive Standards Declaration outlines several actions that national standards bodies and standards developing organisations should include in their gender action plan for gender responsive standards and standards development, in order to achieve gender balanced, representative and inclusive standards.
2022/01/19
Committee: IMCO
Amendment 275 #

2021/0170(COD)

Proposal for a regulation
Recital 71
(71) In order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market, penalties should be adequate to the type of infringement, to the possible advantage for the economic operator or online marketplace and to the type and gravity of the risk incurred by the consumer and of the injury suffered by the consumer. Furthermore an homogenous level of penalties is important to ensure a level playing field, avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower.
2022/01/19
Committee: IMCO
Amendment 278 #

2021/0170(COD)

Proposal for a regulation
Recital 74
(74) In order to ensure more consistency, a non-exhaustive list of those types of infringements that should be subject to penalties should be included.
2022/01/19
Committee: IMCO
Amendment 279 #

2021/0170(COD)

Proposal for a regulation
Recital 77
(77) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the health and safety of consumers, imperative grounds of urgency so require. The decision may be renewed insofar this is necessary and appropriate.
2022/01/19
Committee: IMCO
Amendment 281 #

2021/0170(COD)

Proposal for a regulation
Recital 80
(80) Any processing of personal data for the purpose of this Regulation should be in compliance with Regulations (EU) 2016/679 and, (EU) 2018/1725 and Directive (EU) 2002/58. When consumers report a product in the Safety Gate, only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. Manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this Regulation. Manufacturers and importers, when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.
2022/01/19
Committee: IMCO
Amendment 282 #

2021/0170(COD)

Proposal for a regulation
Article 1 – title
Subject matter and objective
2022/01/19
Committee: IMCO
Amendment 284 #

2021/0170(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down essential rules on the safety of consumer productse purpose of this Regulation is to ensure that products placed or made available on the market are safe. In this regard this Regulation lays down essential rules on the safety of consumer products with a view to ensuring that only products that fulfil requirements providing a high level of protection of public interests, such as health and safety in general, health and safety in the workplace, the protection of consumers, the protection of the environment and public security and any other public interests, are placed or made available on the market.
2022/01/19
Committee: IMCO
Amendment 289 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Where products are subject to specific safety requirements imposed by Union legislation, this Regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements thereby posing a threat to consumers' health and safety or other public interests.
2022/01/19
Committee: IMCO
Amendment 291 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point a
(a) Chapter II shall not apply insofar as the risks or categories of risks are adequately covered by Union harmonisation legislation are concern. Therefore, when assessing if the risk is adequately covered, the aspects for assessing the safety of products defined in Article 5a must be considered;
2022/01/19
Committee: IMCO
Amendment 293 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2 – point b
(b) Chapter III, Section 1, Chapters V and VII, Chapters IX to XI shall not apply.
2022/01/19
Committee: IMCO
Amendment 295 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers;deleted
2022/01/19
Committee: IMCO
Amendment 298 #

2021/0170(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall apply to products placed or made available on the market whether new, used, repaired or reconditioned. It shall not apply to products intended to be repaired or reconditioned prior to being used where those products are made available on the market as such.
2022/01/19
Committee: IMCO
Amendment 302 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
1. ‘product’ means any item, including software other than those offered under a free and open-source licence, interconnected or not to other items, supplied or made available, whether for consideration or not, in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can, under reasonably foreseeable conditions, be used by consumers even if not intended for them. For the purposes of this Regulation ‘product' does not mean free of charge open-source software;
2022/01/19
Committee: IMCO
Amendment 308 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
1 a. When a product contains embedded software, preinstalled or installed subsequently, the latter shall be considered as an integrated part of the product, within the meaning of Directive 2019/771 on certain aspects concerning contracts for the sale of goods, while taking due account of the different levels of obligations of businesses on the one hand, and of the free software community on the other hand;
2022/01/19
Committee: IMCO
Amendment 310 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
2. ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use or misuse, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product's use, considered acceptable and consistent with a high level of protection of health and safety of consumers and taking due account of the precautionary principle;
2022/01/19
Committee: IMCO
Amendment 319 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9
9. ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his or hetheir behalf in relation to specified tasks;
2022/01/19
Committee: IMCO
Amendment 329 #

2021/0170(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
15. ‘online interface’ means any software, including a website, part of a website or an application, including a mobile application, that is operated by or on behalf of an economic operator, and which serves to give end users access to the economic operator's products;
2022/01/19
Committee: IMCO
Amendment 338 #

2021/0170(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Aspects for assessing the safety of products The following aspects shall be taken into account in particular when assessing whether a product is safe: (a) the characteristics of the product, including its design, technical features, composition and chemical constituents, packaging, instructions for assembly and, where applicable, for installation, use and maintenance; (b) the effect on other products, where it is reasonably foreseeable that it will be used with other products, including the options of interconnection among products and the possible loss of interconnection; (c) the security features of a product containing embedded software, including connection and disconnection issues and the reliability of data; (d) the effect that other products might have on the product to be assessed, including the effect of non-embedded items that are meant to determine, change or complete the way another product falling under the scope of this Regulation works, which have to be taken into consideration in assessing the safety of that other product; (e) the presentation of the product, the labelling, any warnings and instructions for its safe use and disposal, and any other indication or information regarding the product; (f) the categories of consumers at risk when using the product, in particular vulnerable consumers such as children, older people and persons with disabilities; (g) the different impact a product may have on the health and safety of different genders; (h) the appearance of the product and in particular where a product, although not foodstuff, resembles foodstuff and is likely to be confused with foodstuff due to its form, odour, colour, appearance, packaging, labelling, volume, size or other characteristics; (i) the fact that although not designed or not intended for use by children, the product resembles an object commonly recognized as appealing to or intended for use by children, because of its design, packaging and characteristics; (j) the appropriate cybersecurity features necessary to protect the product against external influences, including malicious third parties, when such an influence might have an impact on the safety of the product; (k) the evolving, learning and predictive functionalities of a product; (l) the physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the product may present to the health and safety of consumers; (m) the chemical risks the product may present to the health and safety of consumers, including cumulative and low-dose effects resulting from exposure to chemicals present in the product and from other products; (n) the environmental risk posed by a product inasmuch it is likely to result in a risk to the health and safety of consumers; (o) The mental health risk posed by connected products, including its accumulative and long term health effects and the risk of addiction; (p) the fact that the product, categories or groups of products have caused injuries notified in the European Injury Database as established in Article 25(a) of this Regulation; 2. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe. 3. For the purpose of paragraph 1, when assessing whether a product is safe, the following additional elements, when available, shall be taken into account, in particular: (a) European standards other than those the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) 1025/2012; (b) international standards; (c) international agreements; (d) voluntary certification schemes, in particular third-party conformity assessment frameworks and those conceived to support Union legislation; (e) Commission recommendations or guidelines on product safety assessment; (f) national standards drawn up in the Member State in which the product is made available; (g) the state of the art and technology, including the opinion of recognized scientific bodies and expert committees; (h) product safety codes of good practice in force in the sector concerned; (i) reasonable consumer expectations concerning safety; (j) safety requirements adopted in accordance with Article 6(2).
2022/01/19
Committee: IMCO
Amendment 341 #

2021/0170(COD)

Proposal for a regulation
Article 6 – title
Presumption of safetyconformity with safety requirements
2022/01/19
Committee: IMCO
Amendment 343 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) in the absence of European standards referred to in point (a), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, such laws being drawn up in conformity with the Treaties, if it conforms to such national requirements.
2022/01/19
Committee: IMCO
Amendment 347 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the European standards satisfy the general safety requirement laid down in Article 5, taking into account the aspects for assessing the safety of products laid down in Article 5a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
2022/01/19
Committee: IMCO
Amendment 350 #

2021/0170(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. However, presumption of safetyconformity with the safety requirements under paragraph 1 shall not prevent market surveillance authorities from taking actionppropriate measures under this Regulation, in particular to impose restrictions on products being placed on the market or to require products withdrawal from the market or recall where there is evidence that, despite such conformity, the product is dangerous.
2022/01/19
Committee: IMCO
Amendment 353 #

2021/0170(COD)

Proposal for a regulation
Article 7
[...]deleted
2022/01/19
Committee: IMCO
Amendment 392 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1 a. The assessment referred to in paragraph 1 shall be performed by taking into consideration the elements referred to in Article 5a(3) or through a voluntary third-party assessment. In particular, third-party conformity assessment may be imposed by the Commission or the Member States for products which present a serious risk according to Article 1(20) of Regulation (EU) 2019/1020 and to Article 26 of this Regulation.
2022/01/19
Committee: IMCO
Amendment 400 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Manufacturers shall make publicly available to consumers, communication channels such as telephone number, electronic address or dedicated section of their website, allowing the consumers to file complaints in an easy and accessible way and to inform them of any accident or safety issue they have experienced with the product.
2022/01/19
Committee: IMCO
Amendment 412 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. Manufacturers or, where applicable, their authorised representatives, shall keep distributors, importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified.
2022/01/19
Committee: IMCO
Amendment 416 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 – introductory part
4. Manufacturers shall draw up technical documentation of the product. The technical documentation before placing it or making it available on the market. The technical documentation shall be easily accessible to consumers and shall contain, as appropriate:
2022/01/19
Committee: IMCO
Amendment 420 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 – point c
(c) the list of the European standards referred to in Article 6(1) point a, or the other elements referred to in Article 7(3), applied to meet the general safety requirement laid down in Article 5a (1) and (3), 6(1) point b and 6(2).
2022/01/19
Committee: IMCO
Amendment 423 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4 a. Manufacturers not established in the Union shall ensure that the authorised representative has the technical documentation permanently available.
2022/01/19
Committee: IMCO
Amendment 424 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. Manufacturers shall keep the technical documentation for the lifespan of the product that the consumer may reasonably expect, and, in any case, for a period of at least ten years after the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request.
2022/01/19
Committee: IMCO
Amendment 433 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and, the postal and electronic address and the telephone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single contact point at which the manufacturer can be contacted.
2022/01/19
Committee: IMCO
Amendment 441 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in Article 5, 5a and 6.
2022/01/19
Committee: IMCO
Amendment 443 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 9 a (new)
9 a. For connected products, manufacturers shall make reasonable efforts to establish a risk-management system including a robust post-marketing monitoring system and record keeping of the performance of connected products to ensure the continued safe functioning of products over their entire life time.
2022/01/19
Committee: IMCO
Amendment 445 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 10
10. Manufacturers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe, shall immediately take the corrective measures necessary to bring the product into conformity, including a withdrawal or recall, as appropriate. They shall inform the distributors of the product in question and, where applicable, the authorised representatives and the importers accordingly.
2022/01/19
Committee: IMCO
Amendment 452 #

2021/0170(COD)

Proposal for a regulation
Article 8 – paragraph 11
11. Manufacturers shall, via the Safety Business Gateway referred to in Article 25, immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the Member States in which the product has been made available to that effect, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. In accordance with Article 33, manufacturers shall immediately alert consumers of the risk to their health and safety, presented by a product they manufacture, through clear and targeted information in their national languages, including but not exclusively using digital means.
2022/01/19
Committee: IMCO
Amendment 456 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A manufacturer maynot established in the Union shall, by a written mandate, appoint an authorised representative.
2022/01/19
Committee: IMCO
Amendment 457 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 1 a (new)
1 a. This Article shall also apply to products covered by Regulation (EU) 2019/1020.
2022/01/19
Committee: IMCO
Amendment 458 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 1 b (new)
1 b. Where the manufacturer is not established in the Union and has not complied with the obligations laid down in Article 8, the authorised representative shall be responsible for non-compliance with this Regulation on the same basis as, and jointly and severally with, the manufacturer.
2022/01/19
Committee: IMCO
Amendment 460 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) provide a market surveillance authority, upon its reasoned request, with all information and documentation necessary to demonstrate the safety of the product, including the mandate agreed with the manufacturer, in an official language which can be understood by that authority;
2022/01/19
Committee: IMCO
Amendment 461 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
(a a) verify that the technical documentation has been drawn up and keep it for the lifespan of the product that the consumer may reasonably expect, and, in any case, for a period of at least ten years after the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request;
2022/01/19
Committee: IMCO
Amendment 462 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) where they have a reason to believe that a product in question presents a risk, inform the manufacturer without undue delay, notify the product via the Safety Business Gateway and make reasonable efforts to mitigate the risk;
2022/01/19
Committee: IMCO
Amendment 465 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
(c a) carry out, at least once a year, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated, in accordance with Article 15(2) of this Regulation. Findings about non-compliances and safety risks shall proactively be communicated to the market surveillance authorities via the Safety Business Gateway;
2022/01/19
Committee: IMCO
Amendment 466 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c b (new)
(c b) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established;
2022/01/19
Committee: IMCO
Amendment 467 #

2021/0170(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2 a. Change of authorised representative The detailed arrangements for a change of authorised representative shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the following aspects: (a) the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative; (b) the transfer of documents, including confidentiality aspects and property rights;
2022/01/19
Committee: IMCO
Amendment 469 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 5 and that the manufacturer has complied with the requirements set out in Article 5(a), 6, 8 (4), (6), (7) and (78).
2022/01/19
Committee: IMCO
Amendment 472 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where an importer considers or has reason to believe that a product is not in conformity with Article 5, 5a and 6 and Article 8(4), (6), (7) and (78), he or she shall not place the product on the market until it has been brought into conformity. Furthermore, where the product is not safe, the importer shall inform the manufacturer and the manufacturer’s authorised representative, and ensure that the market surveillance authorities are informed.
2022/01/19
Committee: IMCO
Amendment 475 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the postal and electronic address and the telephone number at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. They shall ensure that any additional label does not obscure any information on the label provided by the manufacturer.
2022/01/19
Committee: IMCO
Amendment 477 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5, 5(a) and 6 and its conformity with Article 8 (6) and (7).
2022/01/19
Committee: IMCO
Amendment 480 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 6 – introductory part
6. Importers shall investigate complaints related to products they made available on the market and file these complaints, as well as products recalls, in the register referred to in Article 8(2), first subparagraph, or and in their own register. Importers shall keep the manufacturer, the authorised representative and distributors informed of the investigation performed and of the results of the investigation.
2022/01/19
Committee: IMCO
Amendment 484 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. Importers shall cooperate with market surveillance authorities and, the manufacturer and other relevant economic operators to ensure that a product is safe.
2022/01/19
Committee: IMCO
Amendment 488 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. Importers who consider or have reason to believe, on the basis of the information in their possession, that a product which they have placed on the market is not safe shall immediately inform the manufacturer and the manufacturer’s authorised representative, and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall, as appropriate. In case such measures have not been adopted, the importer shall adopt them. Importers shall ensure that, through the Safety Business Gateway referred to in Article 25, consumers are immediately and effectively alerted of the risk where applicable and thaimmediately alert market surveillance authorities of the Member States in which they made the product available to that effect be immediately informed, giving details, in particular, of the risk to health and safety of consumers and of any corrective measure already taken. In accordance with Article 33, importers shall immediately alert consumers of the risk to their health and safety, presented by a product they made available, through clear and targeted information in their national languages, including but not exclusively using digital means.
2022/01/19
Committee: IMCO
Amendment 490 #

2021/0170(COD)

Proposal for a regulation
Article 10 – paragraph 9
9. Importers shall keep the technical documentation referred to in Article 8(4) for the lifespan of the product that consumers may reasonably expect and, in any case, for a period of at least 10 years after they have placed the last batch of the product on the market and make it available to the market surveillance authorities, upon request.
2022/01/19
Committee: IMCO
Amendment 492 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have complied with the requirements set out in Article 5, 5 (a), 6, 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2022/01/19
Committee: IMCO
Amendment 495 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 5 (a), 6, 8(6), (7) and (8) and Article 10(3) and (4), as applicable.
2022/01/19
Committee: IMCO
Amendment 497 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product is not in conformity with the provisions referred to in paragraph 2, shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product is not safe, the distributor shall immediately inform the manufacturer or the importer, the importer, and the authorised representative, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities are informed.
2022/01/19
Committee: IMCO
Amendment 500 #

2021/0170(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Distributors who consider or have reason to believe, on the basis of the information in their possession, that a product which they have made available on the market is not safe or is not in conformity with Article 5, 5(a), 6, 8(6), (7) and (8) and Article 10(3) and (4), as applicable, shall ensure that the corrective measures necessary to bring the product into conformity are adopted, including withdrawal or recall, as appropriate. Furthermore, where the product is not safe, distributors shall immediately inform the manufacturer or the importer, the importer and the authorised representative, as applicable, to that effect and shall make sure that, through the Safety Business Gateway referred to in Article 25, the market surveillance authorities of the Member State in which they made the product available to that effect are informed giving details, in particular, of the risk to health and safety and of any corrective measure taken.
2022/01/19
Committee: IMCO
Amendment 506 #

2021/0170(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. The safety of a product that has been substantially modified within the meaning of paragraph 2 has to be analysed through a new risk assessment in compliance with Article 5, 5a and 6.
2022/01/19
Committee: IMCO
Amendment 508 #

2021/0170(COD)

Proposal for a regulation
Article 13 – paragraph 1
The economic operators shall ensure that they have internal processes for product safety in place, allowing them to respect the general safety requirement laid down in Article 5. These internal processes shall be regularly audited by market surveillance authorities and, when appropriate, by independent auditors.
2022/01/19
Committee: IMCO
Amendment 509 #

2021/0170(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Economic operators shall cooperate with market surveillance authorities and, where relevant, with other authorities regarding actions which could eliminate or mitigate risks that are presented by products made available on the market by those operators.
2022/01/19
Committee: IMCO
Amendment 515 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall also apply to products covered by the Union harmonisation legislation and by this Regulation. For the purposes of this Regulation, references to “Union harmonisation legislation” in Article 4(1), (2) and (3) of Regulation (EU) 2019/1020 shall be read as “Regulation […]”.
2022/01/19
Committee: IMCO
Amendment 516 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1 a. Where the manufacturer is not established in the Union and has not complied with the obligations laid down in Article 8, the responsible person shall be responsible for non-compliance with this Regulation and with Regulation (EU) 1019/1020 on the same basis as, and jointly and severally with, the manufacturer.
2022/01/19
Committee: IMCO
Amendment 521 #

2021/0170(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In addition to the tasks referred to in Article 4(3) of Regulation (EU) 2019/1020, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall periodically carry out: (a) carry out at least once a year sample testing of randomly chosen products made available on the market under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated. When the products made available on the market have been subject to a Commission decision adopted under Article 26(1) of this Regulation, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 shall carry out, at least once a yearevery six months, for the entire duration of the decision, representative sample testing of products made available on the market chosen under the control of a judicial officer or any qualified person designated by the Member State where the economic operator is situated. (b) verify that the technical documentation has been drawn up and keep it for the lifespan of the product that the consumer may reasonably expect, and, in any case, for a period of at least ten years after the last batch of the product has been placed on the market and make it available to the market surveillance authorities, upon request. (c) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
2022/01/19
Committee: IMCO
Amendment 532 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. For certain products, categories or groups of products, which are susceptible to bear a serious risk to health and safety of consumers, based on accidents registered in the European Injury Database, Safety Business Gateway, the Safety Gate statistics, the results of the joint activities on product safety and other relevant indicators or evidence, the Commission mayshall require economic operators who place and make available those products on the market to establish or adhere to a system of traceability or require independent third-party conformity assessment, when necessary.
2022/01/19
Committee: IMCO
Amendment 536 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. The system of traceability shall consist in the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to allow public access to that data, including placement of a data carrier on the product, its packaging or accompanying documents.
2022/01/19
Committee: IMCO
Amendment 542 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point c
(c) the modalities to display and to allow public access to data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2.
2022/01/19
Committee: IMCO
Amendment 544 #

2021/0170(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point b
(b) the compatibility withand interoperability with other traceability systems available at Union or at international level.
2022/01/19
Committee: IMCO
Amendment 546 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal or electronic address and the telephone number at which they can be contacted;
2022/01/19
Committee: IMCO
Amendment 551 #

2021/0170(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point d a (new)
(d a) any certification label information, including the CE mark.
2022/01/19
Committee: IMCO
Amendment 557 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The manufacturer shall ensure that,notify through the Safety Business Gateway referred to in Article 25, an accident caused by a product placed or made available on the market is notified, within two working daywithin 24 hours from the moment it knows about the accident, to the competent authorities of the Member State where the accident has occurred. The notification shall include the type and identification number of the product as well as the circumstances of the accident, if known. The manufacturer shall notify, upon request, to the competent authorities any other relevant information.
2022/01/19
Committee: IMCO
Amendment 560 #

2021/0170(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The importers and, the distributors and the authorised representatives which have knowledge of an accident caused by a product that they placed or made available on the market shall inform the manufacturer, which can instruct the importer or one of the distributors to proceed to the notificationnotify the Safety Business Gateway within 24 hours and inform the manufacturer thereof.
2022/01/19
Committee: IMCO
Amendment 572 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1. Online marketplaces shall establish a single contact point allowing for direct communication withthe purpose of ensuring a swift and direct communication with all competent authorities and customs authorities, including Member States’ market surveillance authorities in relation to product safety issues, in particular for orders concerning offers of dangerous products.
2022/01/19
Committee: IMCO
Amendment 578 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. They shall act upon receipt of the order issued without undue delay, and in any event within two working daysexpeditiously in the Member State where the online marketplace operates, from receipt of the order. They shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the Safety Gate.
2022/01/19
Committee: IMCO
Amendment 583 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Online marketplaces shall take into account regular information oncheck barcodes of new products offered for sale through their services against dangerous products notified by the market surveillance authorities in line with Article 24, received via the Safety Gate portal, for the purpose of app. Online marketplaces shall expeditiously ing their voluntary measures aimed at detecting, identifying, removing or disabling access to the illegal content referringform the authority that made the notification to the Safety Gate portal of any action taken if the barcode of a product corresponds to a dangerous products offer listed oin their marketplace, w Safety Gate portal and of any othere applicable. They shall inform the authority that made the notification to the Safety Gate of any action taken by usingction taken. To inform the market surveillance authority of any action taken under this Regulation, online marketplaces shall use the contacts of the market surveillance authority published in the Safety Gate.
2022/01/19
Committee: IMCO
Amendment 587 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3 a. Online marketplaces which have actual knowledge of an accident caused by a product or a safety related issue caused by a dangerous product made available on the market through their marketplace shall notify this expeditiously in the Safety Business Gateway and inform the manufacturer thereof.
2022/01/19
Committee: IMCO
Amendment 589 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online marketplaces shall give an appropriate answer without undue delay, and in any event within five working days,expeditiously in the Member State where the online marketplace operates, to notices related to product safety issues and dangerous products received in accordance with [Article 14] of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Service Act) and amending Directive 2000/31/EC.
2022/01/19
Committee: IMCO
Amendment 593 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – introductory part
5. For the purpose of the requirements of Article 22(7) of Regulation (EU) […/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall design and organise their online interface in a way that enables traders tousing their services to comply with this Regulation. Online marketplaces shall ensure that the traders provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:
2022/01/19
Committee: IMCO
Amendment 596 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point a
(a) name, registered trade name or registered trade mark and the telephone number of the manufacturer, as well as the postal or electronic address at which they manufacturer and trader can be contacted;
2022/01/19
Committee: IMCO
Amendment 599 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point c
(c) information to identify the product, including its type and, when available, batch ornumber, serial number or barcode and any other product identifier;
2022/01/19
Committee: IMCO
Amendment 602 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 – point d
(d) any warning or safety information that is to be affixed on the product or to accompany it in accordance with this Regulation or the applicable Union harmonisation legislation or the relevant technical standards in a language which can be easily understood by consumers.
2022/01/19
Committee: IMCO
Amendment 605 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 a (new)
5 a. The information listed under paragraph 5 of this Article shall be displayed alongside the digital product listing in a clear, intelligible and unambiguous language and in a way that is easily accessible and understandable for all consumers.
2022/01/19
Committee: IMCO
Amendment 607 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 5 b (new)
5 b. Without prejudice to the prohibition to a general obligation to monitor the information which online marketplaces transmit or store in accordance with Regulation (EU)[…/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC, online marketplaces shall periodically carry out sample testing of randomly chosen products made available on their interface.
2022/01/19
Committee: IMCO
Amendment 617 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point b
(b) expeditiously informing the market surveillance authorities of any action taken;
2022/01/19
Committee: IMCO
Amendment 625 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 – point e
(e) upon request of the market surveillance authorities, when online marketplaces or online sellers have put in place technical obstacles to the extraction of data related to product safety from their online interfaces (data scraping), allowing to scrape such data for product safety purposes based on the identification parameters providedto permit scraping for product safety purposes by the requesting market surveillance authorities.
2022/01/19
Committee: IMCO
Amendment 630 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 a (new)
6 a. Member States shall impose effective, proportionate and dissuasive penalties on online marketplaces failing to comply with the obligations laid down in the Article, in accordance with Article 40 of this Regulation.
2022/01/19
Committee: IMCO
Amendment 631 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 b (new)
6 b. Member States shall make available ad-hoc national funds. If online marketplaces have fulfilled all of their obligations and no economic operator is liable for or capable of ensuring adequate and proportionate remedies for consumers, consumers shall still be able to seek compensation through ad-hoc national funds. Member States shall allocate to their respective funds a proportion of each penalty collected pursuant to Article 40 of this Regulation to finance this fund.
2022/01/19
Committee: IMCO
Amendment 632 #

2021/0170(COD)

Proposal for a regulation
Article 20 – paragraph 6 b (new)
6 b. Online marketplaces that fail to comply with the obligations laid down in this Article or in Article 22 of Regulation (EU)[…/…] on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC shall be required to provide adequate and proportionate remedies to consumers if the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020 does not fulfil its obligations to provide such remedies.
2022/01/19
Committee: IMCO
Amendment 640 #

2021/0170(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. Market surveillance authorities mayshall set up schemtandard procedures focusing on control of internal processes for product safety set up by economic operators according to Article 13.
2022/01/19
Committee: IMCO
Amendment 642 #

2021/0170(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. Member States shall communicate to the Commission, once a year, data concerning the implementation of this Regulation. A summary report shall be made available to the public.
2022/01/19
Committee: IMCO
Amendment 648 #

2021/0170(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a
(a) on the basis of provisions of this Regulation in relation to products presenting a risk to the health and safety of consumers, a risk for the protection of the environment and public security and a risk to any other relevant public interests of the end-users;
2022/01/19
Committee: IMCO
Amendment 654 #

2021/0170(COD)

Proposal for a regulation
Article 24 – paragraph 2 – subparagraph 1
The notification shall be submitted in the Safety Gate within two working day48 hours from the adoption of the corrective measure.
2022/01/19
Committee: IMCO
Amendment 657 #

2021/0170(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. Where a Member State notifies corrective measures taken in relation to products presenting a serious risk, the other Member States shall notify in the Safety Gate the measures and actions taken subsequently in relation to the same products and any other relevant information, including the results of any tests or analyses carried out, withiout undue delay and in any case no later than two working days from the adoption of the measures or actions.
2022/01/19
Committee: IMCO
Amendment 659 #

2021/0170(COD)

Proposal for a regulation
Article 24 – paragraph 7
7. The Commission shall develop an interfaceimplement the interface established in Article 20(5) of Regulation (EU) 2019/1020 between the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and the Safety Gate, in order to avoid double data entry and enable a draft Safety Gate notification to be triggered from that information and communication system.
2022/01/19
Committee: IMCO
Amendment 661 #

2021/0170(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. The Commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in Articles 8(11), 9(2) point c), 10(8), 11(3), 11(4) and Article 19, which must be accessible to consumers with disabilities.
2022/01/19
Committee: IMCO
Amendment 668 #

2021/0170(COD)

Proposal for a regulation
Article 25 a (new)
Article 25 a EUROPEAN INJURY DATABASE 1. The Commission shall establish and coordinate a European Injury Database, that covers all type of injuries caused by products placed or made available on the Union market. 2. The market surveillance authorities of Member States shall register the injury data to the database, in compliance with Union and national rules on data protection. 3. The Commission shall establish a common methodology for data collection and oversight the registration of data made by market surveillance authorities.
2022/01/19
Committee: IMCO
Amendment 673 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. If the Commission becomes aware of a product, or a specific category or group of products presenting a serious risk to the health and safety of consumers, it may take any appropriate measures, either on its own initiative or upon request of Member States, by means of implementing acts, adapted to the gravity and urgency of the situation if, at one and the same time:
2022/01/19
Committee: IMCO
Amendment 675 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) it emerges from prior consultations with the Member States that they differ significantly on the approach adopted or to be adopted to deal with the risk; and or;
2022/01/19
Committee: IMCO
Amendment 676 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) the risk cannot be dealt with, in view of the nature of the safety issue posed by the product, category or group of products, in a manner compatible with the degree of gravity or urgency of the case, under other procedures laid down by the specific Union legislation applicable to the products concerned; andor
2022/01/19
Committee: IMCO
Amendment 679 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Those measures may include measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their conformity assessment, including third-party assessment, and marketing, in order to ensure a high level of consumer safety protection.
2022/01/19
Committee: IMCO
Amendment 680 #

2021/0170(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. On duly justified imperative grounds of urgency relating to the health and safety of consumers the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(4). The decision may be renewed insofar this is necessary and appropriate.
2022/01/19
Committee: IMCO
Amendment 685 #

2021/0170(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Where market surveillance authorities in other Member States reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment, the Member States concerned may request the Commission to arbitrate. In that case, the Commission shall invite all Member States to express a recommendation.
2022/01/19
Committee: IMCO
Amendment 688 #

2021/0170(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. A European network of the authorities of the Member States competent for product safety (‘Consumer Safety Network’) shall be established. Consumer organisations shall be observers to the Network.
2022/01/19
Committee: IMCO
Amendment 690 #

2021/0170(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point a
(a) the exchange of information on risk assessments, dangerous products, test methods and results, recent scientific developments as well as other aspects relevant for control activities, such as consideration of European Standards providing presumption of conformity with this legislation;
2022/01/19
Committee: IMCO
Amendment 692 #

2021/0170(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point b
(b) the establishment and execution of joint surveillance and testing projects the establishment and execution of joint surveillance and testing projects, including in the context of e-commerce;
2022/01/19
Committee: IMCO
Amendment 694 #

2021/0170(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. The Consumer Safety Network shall coordinate its action and exchange information with the other existing Union activitiesbodies, including the Consumer Protection Coordination network and the European Data Protection Board, in particular when assessing the safety of products or deciding on the remedies to consumers pursuant to Article 35.
2022/01/19
Committee: IMCO
Amendment 706 #

2021/0170(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Unless otherwise agreed upon by the market surveillance authorities concerned, sweeps shall be coordinated by the Commission. The coordinator of the sweep may, where appropriate,shall make the aggregated results publicly available.
2022/01/19
Committee: IMCO
Amendment 711 #

2021/0170(COD)

Proposal for a regulation
Article 31 – paragraph 3
3. Protection of professional secrecy shall not prevent the dissemination to the competent authorities of Member States and the Commission of information relevant for ensuring the effectiveness of market monitoring and surveillance activities. The authorities receiving information covered by professional secrecy shall, in duly justified cases, ensure its protection.
2022/01/19
Committee: IMCO
Amendment 715 #

2021/0170(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. For the purpose of Article 31(1) and Article 19, the Commission shall maintain a Safety Gate portal, providing the general public with free access to selected information notified in accordance with Article 24. This information shall be provided in accessible formats to persons with disabilities.
2022/01/19
Committee: IMCO
Amendment 723 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. In case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’), economic operators and online marketplaces, in accordance with their respective obligations as provided for in Articles 8, 9, 10, 11 and 1120, shall directly notify all affected consumers that they can identify. Economic operator wihtout undue delay. Economic operators and online marketplaces who collect their customers’ personal data shall make use of this information for recalls and safety warnings.
2022/01/19
Committee: IMCO
Amendment 727 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Where economic operators and online marketplaces have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information, they shall offer the possibility to their customers to provide separate contact details only for safety purposes. The personal data collected for that purpose shall be limited to the necessary minimum and mayshall only be used to contact consumers in case of a recall or safety warning.
2022/01/19
Committee: IMCO
Amendment 732 #

2021/0170(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. If not all affected consumers can be contacted directly, economic operators and online marketplaces, in accordance with their respective responsibilities, shall disseminate a recall notice or safety warning through other appropriate channels, ensuring the widest possible reach including, where available: the company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Information shall be accessible to consumers with disabilities. Consumer organisations shall also be informed in order to support the dissemination of the information.
2022/01/19
Committee: IMCO
Amendment 735 #

2021/0170(COD)

Proposal for a regulation
Article 34 – paragraph 2 – point c
(c) clear description of the hazard associated with the recalled product, avoidwithout using any elements that may decrease consumers’ perception of risk, including terms and expressions such as “voluntary”, “precautionary”, “discretionary”, “in rare/specific situations” as well as indicating that there have been no reported accidents;
2022/01/19
Committee: IMCO
Amendment 738 #

2021/0170(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. The Commission, by means of implementing acts, shall set out the template for a recall notice, taking into account scientific and market developments. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42(2). Accessibility features and alternative formats must be provided by the templates.
2022/01/19
Committee: IMCO
Amendment 740 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
1. Without prejudice to Directive (EU) 2019/771 and Directive (EU) 85/374 , in the case of a recall, the economic operator responsible for the recall or, in accordance with Article 20 of this Regulation, the online marketplace shall offer to the consumer an effective, cost- free and timely remedy. That remedy shall consist of at least one of the following:
2022/01/19
Committee: IMCO
Amendment 750 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 – point c
(c) refund of the valuinitial purchase price of the recalled product.
2022/01/19
Committee: IMCO
Amendment 752 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 1 a (new)
1 a. Without prejudice to Directive (EU) 2019/771, the economic operator responsible for recall shall prioritise the repair of the product, unless it is disproportionate or it does not result in a lesser level or safety.
2022/01/19
Committee: IMCO
Amendment 757 #

2021/0170(COD)

Proposal for a regulation
Article 35 – paragraph 3 a (new)
3 a. Where no economic operator offers a remedy to the consumer, the consumer shall be entitled to submit a complaint to the competent authority in accordance with Article 31(4).
2022/01/19
Committee: IMCO
Amendment 759 #

2021/0170(COD)

Proposal for a regulation
Article 35 a (new)
Article 35 a Right to an effective judicial remedy Notwithstanding any administrative or other non-judicial remedies, any affected consumer or organisation representing consumers and other interested parties shall have the right to an effective judicial remedy with regard to the failure of economic operators to comply with their obligations under this Regulation.
2022/01/19
Committee: IMCO
Amendment 760 #

2021/0170(COD)

Proposal for a regulation
Article 35 b (new)
Article 35 b Amendments 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: “(X) Regulation of the European Parliament and of the Council on a General Product Safety Regulation”
2022/01/19
Committee: IMCO
Amendment 761 #

2021/0170(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part
1. The Commission mayshall cooperate, including through the exchange of information, with third countries or international organisations in the field of application of this Regulation, such as:
2022/01/19
Committee: IMCO
Amendment 762 #

2021/0170(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. The Commission mayshall provide third countries or international organisations with selected information from its Safety Gate system and receive relevant information on the safety of consumer products and on preventive, restrictive and corrective measures taken by those third countries or international organisations. The Commission shall share such information with national authorities, where relevant.
2022/01/19
Committee: IMCO
Amendment 765 #

2021/0170(COD)

Proposal for a regulation
Article 37 – paragraph 1 – point c a (new)
(c a) activities carried out by consumer organisations for the enhancement of market surveillance policies and systems as well as to consumer information which contribute to a higher level of safety in the EU.
2022/01/19
Committee: IMCO
Amendment 768 #

2021/0170(COD)

Proposal for a regulation
Article 40 – paragraph 3 – introductory part
3. The types of infringements by economic operators or online marketplaces, where applicable, subject to penalties shall be at least any of the following:
2022/01/19
Committee: IMCO
Amendment 781 #

2021/0170(COD)

Proposal for a regulation
Article 43 – paragraph 1
1. By [insert date five years after the date of entry into force] the Commission shall carry out an evaluation of this Regulation. The Commission shall present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall in particular assess if this Regulation achieved the objective of enhancing the protection of consumers against dangerous products, in particular with regard to improved traceability, the level and functioning of market surveillance, standardisation work, the functioning of the Safety Gate and challenges posted by new technologies and by online marketplaces, while taking into account its impact on businesses and in particular on small and medium-sized enterprises.
2022/01/19
Committee: IMCO
Amendment 783 #

2021/0170(COD)

Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
1025/2012
Article 10
7. Where a European standard drafted in support of Regulation (EU) …/… of the European Parliament and of the Council48 [this Regulation (GPSR)] satisfies the general safety requirement laid down in Article 5 of that Regulation and the specific safety requirements referred to in [Article [6] and [5a] of that Regulation], the Commission shall publish a reference of such European standard without delay in the Official Journal of the European Union. __________________ 48 Regulation (EU) …/… of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council (OJ …)’
2022/01/19
Committee: IMCO
Amendment 93 #

2021/0106(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) The placing on the market, putting into service or useof certain AI systems that can be used or foreseeably misused for intrusivemonitoring and flagging to identify or deter rule-breaking or fraud should beforbidden. The use of such intrusive monitoring and flagging, such ase-proctoring software, in a relationship of power, for example where educationinstitutions have a relationship of power over their students and pupils, posesan unacceptable risk to the fundamental rights of students and pupils, includingminors. Notably these practices affect private life, data protection and humandignity of students and pupils, including minors.
2022/04/01
Committee: CULT
Amendment 193 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. the placing on the market, putting into service or useof an AI system that can be used for intrusive monitoring and flagging toidentify or deter rule-breaking or fraud
2022/04/01
Committee: CULT
Amendment 313 #

2021/0106(COD)

Proposal for a regulation
Recital 1
(1) The purpose of this Regulation is to improve the functioning of the internal market by laying down a uniform minimum legal framework in particular 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, and its well as the environment, society, rule of law and democracy, economic interests and consumer protection. It also 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., or justified by the need to ensure the protection of the rights and freedoms of natural persons, or the ethical principles advocated by this Regulation
2022/06/13
Committee: IMCOLIBE
Amendment 319 #

2021/0106(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) The term “artificial intelligence” (AI) refers to systems developed by humans that can, using different techniques and approaches, generate outputs such as content, predictions, recommendations and decisions. The context they are used in is decisive for how much and what kind of influence they can have, and whether they are perceived by an observer as “intelligent”. The term “automated decision-making” (ADM) has been proposed as it could avoid the possible ambiguity of the term AI. ADM involves a user delegating initially a decision, partly or completely, to an entity by way of using a system or a service. That entity then uses automatically executed decision-making models to perform an action on behalf of a user, or to inform the user’s decisions in performing an action
2022/06/13
Committee: IMCOLIBE
Amendment 320 #

2021/0106(COD)

Proposal for a regulation
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 that this Regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of AI systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement, it is appropriate to base this Regulation, in as far as those specific rules are concerned, on Article 16 of the TFEU. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board.
2022/06/13
Committee: IMCOLIBE
Amendment 334 #

2021/0106(COD)

Proposal for a regulation
Recital 4
(4) At the same time, depending on the circumstances regarding its specific application and use, 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. , whether individual, societal, environmental, economic, or to the rule of law and democracy. Such harm might be material or immaterial. Harm should be understood as injury or damage to the life, health, physical integrity and the property of a natural or legal person, economic harm to individuals, damage to their environment, security and other aspects defined in the scope of New Approach directives, complemented by collective harms such as harm to society, the democratic process and the environment, or going against core ethical principles. Immaterial harms should be understood as meaning harm as a result of which the affected person suffers considerable detriment, an objective and demonstrable impairment of his or her personal interests and an economic loss calculated having regard, for example, to annual average figures of past revenues and other relevant circumstances. Such immaterial harm can therefore consist of psychological harm, reputational harm or change in legal status. Harm can be caused (i) by single events and (ii) through exposure over time to harmful algorithmic practices, as well as (iii) through action distributed among a number of actors where the entity causing the harm is not necessarily that which uses the AI or (iv) through uses of AI which are different than intended for the given system.
2022/06/13
Committee: IMCOLIBE
Amendment 347 #

2021/0106(COD)

Proposal for a regulation
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 mguaranteets 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 as well as the environment, society, rule of law and democracy, economic interests and consumer protection. To achieve that objective, rules regulating the placing on the market and putting into service 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).
2022/06/13
Committee: IMCOLIBE
Amendment 362 #

2021/0106(COD)

Proposal for a regulation
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 softwareystem, 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.
2022/06/13
Committee: IMCOLIBE
Amendment 370 #

2021/0106(COD)

Proposal for a regulation
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 as 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 . The notion of “biometrics-based data” is broader, covering situations where the data in question may not, of itself, confirm the unique identification of an individual. _________________ 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).
2022/06/13
Committee: IMCOLIBE
Amendment 378 #

2021/0106(COD)

Proposal for a regulation
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’ rirrespectively of the particular technology, processes or types of biometric data used. The notion of ‘at a distance’ in Remote bBiometric iIdentification systems. In(RBI) means the cause 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 osystems as described in Article 3(36), at a distance great enough that the system has the capacity to scan multiple persons in its field of view (or the equivalent generalised scanning of online / virtual spaces), which would mean that the identification could happen without one or more of ther device with similar functionality. In the ata subjects’ knowledge. Because of ‘post’ systems, in contrast, the biometric data have already been capturRBI relates to how a system is designed and installed, 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 usnot solely to whether or not data subjects have consented, this definition applies even when warning notices are placed in the location that is under the surveillance of the RBI system in respect of the natural persons concerned, and is not de facto annulled by pre-enrolment.
2022/06/13
Committee: IMCOLIBE
Amendment 380 #

2021/0106(COD)

Proposal for a regulation
Recital 9
(9) For the purposes of this Regulation the notion of publicly accessible physical or virtual space should be understood as referring to any physical or virtual place that is accessible to the public, on a temporary or permanent basis, irrespective of whether the place in question is privately or publicly owned. Therefore, the notion does not covers places that are both private in nature, used for private purposes only, accessed completely voluntarily 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 space and private clubs. 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 centrports grounds, virtual gaming environments, schools, universities, hospitals, amusement parks, festivals, shops and shopping centres, offices, warehouses and factories 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.
2022/06/13
Committee: IMCOLIBE
Amendment 385 #

2021/0106(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) In order to ensure the rights of individuals and groups, and the growth of trustworthy AI, certain principles should be guaranteed across all AI systems, such as transparency, the right to an explanation and the right to object to a decision. This requires that discrimination, and detrimental power and information imbalances be prevented, control and oversight guaranteed, and that compliance is demonstrable and subject to ongoing monitoring. Decision- making by, or supported by, AI systems, should be subject to specific transparency rules, as regards the logic and parameters on which decisions are made.
2022/06/13
Committee: IMCOLIBE
Amendment 386 #

2021/0106(COD)

Proposal for a regulation
Recital 9 b (new)
(9 b) Requirements on transparency and on the explicability of AI decision-making should contribute to countering the deterrent effects of digital asymmetry, power and information imbalance, and so-called ‘dark patterns’ targeting individuals and their informed consent.
2022/06/13
Committee: IMCOLIBE
Amendment 387 #

2021/0106(COD)

Proposal for a regulation
Recital 10
(10) In order to ensure a level playing field and an effective protection of rights and freedoms of individuals across the Union, the rules established by this Regulation should apply to providers of AI systems in a non-discriminatory manner, irrespective of whether they are established within the Union or in a third country, and to usdeployers of AI systems established within the Union. This Regulation and the rules it establishes should take into account different development and business models and the fact that standard implementations, or Free and Open Source software development and licensing models might entail less knowledge about and little to no control over further use, modification, and deployment within an AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 392 #

2021/0106(COD)

Proposal for a regulation
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 usdeployers 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 affects people in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 397 #

2021/0106(COD)

Proposal for a regulation
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)deployer of an AI system. 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].
2022/06/13
Committee: IMCOLIBE
Amendment 408 #

2021/0106(COD)

Proposal for a regulation
Recital 13
(13) In order to ensure a consistent and high level of protection of public interests as regards health, safety, and fundamental rights, as well as the environment, society, rule of law and democracy, economic interests and consumer protection, common normative standards for all high- risk AI systems should be established. Those standards should be consistent with the Charter of fFundamental rRights of the European Union (the Charter) and should be non-discriminatory and in line with the Union’s international trade commitments.
2022/06/13
Committee: IMCOLIBE
Amendment 411 #

2021/0106(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) AI systems and related ICT technology require significant natural resources, contribute to waste production, and have a significant overall impact on the environment. It is appropriate to design and develop in particular high-risk AI systems with methods and capabilities that measure, record, and reduce resource use and waste production, as well as energy use, and that increase their overall efficiency throughout their entire lifecycle. The Commission, the Member States and the European AI Board should contribute to these efforts by issuing guidelines and providing support to providers and deployers.
2022/06/13
Committee: IMCOLIBE
Amendment 415 #

2021/0106(COD)

Proposal for a regulation
Recital 15
(15) Aside from the many beneficial uses of artificial intelligence, that technologyI systems can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and should be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and Union fundamental rights, including the right to non-discrimination, data protection and privacy and the rights of the child. All uses of AI systems which interfere with the essence of the fundamental rights of individuals should in any case be prohibited. The prohibitions listed in this Regulation should apply notwithstanding existing Union law and do not provide a new legal basis for the development placing on the market, deployment or use of AI systems. To keep up with rapid technological development and to ensure future-proof regulation, the Commission should keep the list of prohibited and high-risk AI systems under constant review.
2022/06/13
Committee: IMCOLIBE
Amendment 420 #

2021/0106(COD)

Proposal for a regulation
Recital 15 a (new)
(15 a) The European Union and its Member States as signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are obliged to protect persons with disabilities from discrimination and to promote their equality. They are obliged to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and to ensure respect for the fundamental rights, including that of privacy, of persons with disabilities.
2022/06/13
Committee: IMCOLIBE
Amendment 423 #

2021/0106(COD)

Proposal for a regulation
Recital 15 b (new)
(15 b) Providers of AI systems should ensure that these systems are designed in accordance with the accessibility requirements set out in Directive (EU) 2019/882 and guarantee full, equal, and unrestricted access for everyone potentially affected by or using AI systems, including persons with disabilities.
2022/06/13
Committee: IMCOLIBE
Amendment 425 #

2021/0106(COD)

Proposal for a regulation
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 physical, economic or psychological harms to individuals or society are likely to occur, should be forbidden. SuchThis includes AI systems that deploy subliminal components that individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacities. They do so with the intention tomay not be able to perceive or understand, or exploit vulnerabilities of individuals. They materially distort the behaviour of a person and, including in a manner that causes or is likely to cause harm to that or another person. The intenphysical, psychological or economic harm to that or another person, or to society, or lead them to make decisions they would not otherwise have taken. Manipulation may not be presumed if the distortion of human behaviour clearly results from factors external to the AI system which are outside of the control of the provider or the user and are not reasonably foreseeable at or during the deployment of the AI system. Research for legitimate purposes in relation to such AI systems should not be stiflunduly limited by the prohibition, if such research does not amount to use of the AI system in non-supervised human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. If necessary, further flexibilities in order to foster research, and thereby European innovation capacities, should be introduced by Member States under controlled circumstances only and with all relevant safeguards to protect health and safety, fundamental rights, environment, society, rule of law and democracy.
2022/06/13
Committee: IMCOLIBE
Amendment 435 #

2021/0106(COD)

Proposal for a regulation
Recital 17
(17) AI systems providing social scoring of natural persons for general purpose by public authorities or on their behalfthat evaluate, classify, rate or score the trustworthiness or social standing of natural persons 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 or social standing of natural persons based on multiple data points related to their social behaviour in multiple contexts or known, inferred 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.
2022/06/13
Committee: IMCOLIBE
Amendment 438 #

2021/0106(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) The placing on the market, putting into service or use of certain AI systems that can be used or foreseeably misused for intrusive monitoring and flagging to identify or deter rule-breaking or fraud should be forbidden. The use of such intrusive monitoring and flagging in a relationship of power, such as the use of e-proctoring software by education institutions to monitor students and pupils, or the use of surveillance- or monitoring software by employers on workers poses an unacceptable risk to the fundamental rights of workers, students and pupils, including minors. Notably, these practices affect the right to private life, data protection and human dignity of students and pupils, including minors.
2022/06/13
Committee: IMCOLIBE
Amendment 444 #

2021/0106(COD)

Proposal for a regulation
Recital 17 b (new)
(17 b) Insofar as such systems could ever function as intended, AI-based emotion recognition systems carry unacceptable risk for the essence of fundamental rights, such as human dignity and freedom of expression and must be prohibited. Exceptions for therapeutic tools or assistive technologies for personal use only could, nonetheless, be envisaged. However, this should only be permitted if the scientific basis and clinical validity of such systems have been demonstrated, where it can be shown that affected groups were active participants in the development process, and where the rights of everyone that is likely to be affected by the system, and not just the deployer , are clearly respected. Such systems should always be subject to careful oversight and transparency.
2022/06/13
Committee: IMCOLIBE
Amendment 445 #

2021/0106(COD)

Proposal for a regulation
Recital 17 c (new)
(17 c) Similarly, ostensible truth- detection technologies, such as polygraphs, have a long and unsuccessful history of abuse, misselling, miscarriages of justice and failure. The problems underlying these failures are exacerbated in the field of migration, which thusfar has been tarnished by new failings due to, inter alia to incorrect cultural assumptions. Such technologies therefore cannot be used while protecting the essence of all relevant fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 449 #

2021/0106(COD)

Proposal for a regulation
Recital 18
(18) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement is consideredis particularly intrucorrosive into the rights and freedoms of the concerned persons, to the extent that it ma and can ultimately affect the private life of a large part of the population, evoke a feeling of constant surveillanceleave society with a justifiable feeling of constant surveillance, give parties deploying biometric identification in publicly accessible spaces a position of uncontrollable power and indirectly dissuade individuals from the exercise of their 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 activities at the core to the Rule of Law. Biometric identification not carried out in real time carries different but equally problematic risks. Due to the increase in pervasiveness, functionality and memory capacities of relevant devices, this would amount to a "surveillance time machine", which could be used to track movements and social interactions stretching back an indeterminate period into the past.
2022/06/13
Committee: IMCOLIBE
Amendment 459 #

2021/0106(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) The use of data collected or generated by practices prohibited under this Regulation should also be prohibited. Within the framework of judicial and administrative proceedings, the responsible authorities should establish that data collected or generated by practices prohibited under this regulation should not be admissible.
2022/06/13
Committee: IMCOLIBE
Amendment 470 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of thoseAI systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).remote biometric identification of individuals should therefore be prohibited
2022/06/13
Committee: IMCOLIBE
Amendment 476 #

2021/0106(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 484 #

2021/0106(COD)

Proposal for a regulation
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 492 #

2021/0106(COD)

Proposal for a regulation
Recital 22
(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identified in this Regulation.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 502 #

2021/0106(COD)

Proposal for a regulation
Recital 23
(23) The use of AI systems for ‘real- time’ remote biometric identification of natural persons in publicly accessible spaces for the purpose of law enforcement necessarily involves the processing of biometric and biometrics- based data. The rules of this Regulation that prohibit, subject to certain exceptions, such use, which are based on Article 16 TFEU, should apply as lex specialis in respect of the rules on the processing of biometric data contained in Article 10 of Directive (EU) 2016/680, thus regulating such use and the processing of biometric data involved in an exhaustive manner. Therefore, such use and processing should only be possible in as far as it is compatible with the framework set by this Regulation, without there being scope, outside that framework, for the competent authorities, where they act for purpose of law enforcement, to use such systems and process such data in connection thereto on the grounds listed in Article 10 of Directive (EU) 2016/680. In this context and Article 9 of Regulation 2016/679, thius Rregulation is not intended to provide the legal basis for the processing of personal data under Article 8 of Directive 2016/680. However, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for purposes other than law enforcement, including by competent authorities, should not be covered by the specific framework regarding such use for the purpose of law enforcement set by this Regulation. Such use for purposes other than law enforcement should therefore not be subject to the requirement of an authorisation under this Regulation and the applicable detailed rules of national law that may give effect to itng such use and the processing of biometric data involved in an exhaustive manner.
2022/06/13
Committee: IMCOLIBE
Amendment 513 #

2021/0106(COD)

Proposal for a regulation
Recital 24
(24) Any processing of biometric data, biometrics-based 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 enforcementas regulated by this Regulation, 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.
2022/06/13
Committee: IMCOLIBE
Amendment 519 #

2021/0106(COD)

Proposal for a regulation
Recital 27
(27) High-risk AI systems should only be placed on the Union market or put into service if they comply with certain mandatory requirements. Those requirements should ensure that high-risk AI systems available in the Union or whose output is otherwise used in the Union do not pose unacceptable risks to important Union public interests as recognised and protected by Union law. AI systems identified as high-risk should be limited to thoseclassified as such when thatey have a significant harmful impact on the health, safety, economic status and fundamental rights of personindividuals in the Union, and such limitation minimises any potential restriction to international traalso on the environment, society, rule of law, democracy or consumer protection. Given the rapid path of technological development, but also given the potential changes in the use and the aim of authorised AI systems, regardless of whether they are high-risk or lower risk, the limited list of high-risk systems and areas of high risk systems in Annex III should nonetheless be subject to permanent review through the exercise of regular assessment as provide,d if anyn Title III of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 530 #

2021/0106(COD)

Proposal for a regulation
Recital 28
(28) AI systems could produce adverse outcomes to health and safety ofhave an adverse impact on persons, in particular when such systems operate as components of products. Consistently with the objectives of Union harmonisation legislation to facilitate the free movement of products in the internal market and to ensure that only safe and otherwise compliant products find their way into the market, it is important that the safety risks that may be generated by a product as a whole due to its digital components, including AI systems, are duly prevented and mitigated. For instance, increasingly autonomous robots, whether in the context of manufacturing or personal assistance and care should be able to safely operate and performs their functions in complex environments. Similarly, in the health sector where the stakes for life and health are particularly high, increasingly sophisticated diagnostics systems and systems supporting human decisions should be reliable and accurate. The extent of the adverse impact caused by the AI system on the fundamental rights protected by the Charter is of particular relevance when classifying an AI system as high-risk. Those rights include the right to human dignity, respect for private and family life, protection of personal data, freedom of expression and information, freedom of assembly and of association, and non- discrimination, consumer protection, workers’ rights, rights of persons with disabilities, right to an effective remedy and to a fair trial, right of defence and the presumption of innocence, right to good administration. In addition to those rights, it is important to highlight that children have specific rights as enshrined in Article 24 of the EU Charter and in the United Nations Convention on the Rights of the Child (further elaborated in the UNCRC General Comment No. 25 as regards the digital environment), both of which require consideration of the children’s vulnerabilities and provision of such protection and care as necessary for their well-being. The fundamental right to a high level of environmental protection enshrined in the Charter and implemented in Union policies should also be considered when assessing the severity of the harm that an AI system can cause, including in relation to the health and safety of persons.
2022/06/13
Committee: IMCOLIBE
Amendment 531 #

2021/0106(COD)

Proposal for a regulation
Recital 28 a (new)
(28 a) The risk-assessment of AI systems as regards their environmental impact and use of resources should not only focus on sectors related to the protection of the environment, but be common to all sectors, as environmental impacts can stem from any kind of AI systems, including those not originally directly related to the protection of the environment, in terms of energy production and distribution, waste management and emissions control.
2022/06/13
Committee: IMCOLIBE
Amendment 539 #

2021/0106(COD)

Proposal for a regulation
Recital 32
(32) As regards stand-alone AI systems, meaning high-risk AI systems other than those that are safety components of products, or which are themselves products, it is appropriate to classify them as high-risk if, in the light of their intended purpose, they pose a hsighnificant risk of harm to the health and safety or the fundamental rights of persons, as well as the environment, society, rule of law, democracy, economic interests and consumer protection, taking into account both the severity of the possible harm and its probability of occurrence and they are used in a number of specifically pre- defined areas specified in the Regulation. The identification of those systems is based on the same methodology and criteria envisaged also for any future amendments of the list of high-risk AI systems. Such classification should take place before the placing onto the market but also during the life-cycle of an AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 551 #

2021/0106(COD)

Proposal for a regulation
Recital 33
(33) Technical inaccuracies of, as well as conscious or subconscious design decisions, and the use of training data which codify and reinforce structural inequalities, mean that 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. ThereforeAs a result, ‘real-time’ and ‘post’ remote biometric identification systems should be classified as high-risk. In view of the risks that they pose, both types of remote biometric identification systems should be subject to specific requirements on logging capabilities and human oversightundermine the essence of fundamental rights and therefore must be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 552 #

2021/0106(COD)

Proposal for a regulation
Recital 33 a (new)
(33 a) Human oversight should target high-risk AI systems as a priority, with the aim of serving human-centric objectives. The individuals to whom human oversight is assigned shall be provided with adequate education and training on the functioning of the application, its capabilities to influence or make decisions, and to have harmful effects, notably on fundamental rights. The persons in charge of the assignment of these individuals shall provide them with relevant staff and psychological support.
2022/06/13
Committee: IMCOLIBE
Amendment 557 #

2021/0106(COD)

Proposal for a regulation
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 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 mayAI systems that are designed to constantly monitor individuals are particuarly intrusive and violate the right to education and training as well as, the right not to be discriminated against and perpetuate historical patterns of discrimination and should therefore be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 560 #

2021/0106(COD)

Proposal for a regulation
Recital 36
(36) AI systems used in employment, workers management and access to self- employment, notably for theaffecting the initiation, establishment, implementation and termination of an employment relationship, including AI systems intended to support collective legal and regulatory matters should be high risk. Particularly AI affecting recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring for measuring and monitoring of performance or for evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. AI systems used for constant monitoring of workers pose an unacceptable risk to their fundamental rights, and should be therefore prohibited. Relevant work-related contractual relationships should meaningfully involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacyundermine the essence of their fundamental rights to data protection and privacy. This Regulation applies without prejudice to Union and Member State competences to provide for more specific rules for the use of AI- systems in the employment context.
2022/06/13
Committee: IMCOLIBE
Amendment 571 #

2021/0106(COD)

Proposal for a regulation
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 systemsprohibited, 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 an unacceptably high risk of discrimination ofagainst 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-riskprohibited. 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.
2022/06/13
Committee: IMCOLIBE
Amendment 578 #

2021/0106(COD)

Proposal for a regulation
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 addition, some applications, such as to make predictions, profiles, or risk assessments based on data analysis or profiling of groups or individuals for the purpose of predicting 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 thoccurrence or recurrence of actual or potential offences or rule- breaking undermine the essence of fundamental rights and should be prohibited. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remotional 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 profilingedy 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 ins 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 offencerefore appropriate to classify as prohibited a number of AI systems intended to be used in the law enforcement context as well as for crime analytics regarding natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 589 #

2021/0106(COD)

Proposal for a regulation
Recital 39
(39) AI systems used in migration, asylum and border control management affect people who are often in a 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).
2022/06/13
Committee: IMCOLIBE
Amendment 591 #

2021/0106(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The use of AI systems in migration, asylum and border control management should in no circumstances be used by Member States or European Union institutions as a means to circumvent their international obligations under the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January 1967, nor should they be used to in any way infringe on the principle of non- refoulement, or or deny safe and effective legal avenues into the territory of the Union, including the right to international protection;
2022/06/13
Committee: IMCOLIBE
Amendment 596 #

2021/0106(COD)

Proposal for a regulation
Recital 40
(40) Certain AI systems intended for the administration of justice and democratic processes should be classified as high-risk, considering their potentially significant impact on democracy, rule of law, individual freedoms as well as the right to an effective remedy and to a fair trial. The use of Artificial Intelligence tools can support, but should not interfere with the decision-making power of judges or judicial independence, as the final decision-making must remain a human- driven activity and decision. In particular, to address the risks of potential biases, errors and opacity, it is appropriate to qualify as high-risk AI systems intended to assist judicial authorities in researching and interpreting facts and the law and in applying the law to a concrete set of facts. Such qualification should not extend, however, to AI systems intended for purely ancillary administrative activities that do not affect the actual administration of justice in individual cases, such as anonymisation or pseudonymisation of judicial decisions, documents or data, communication between personnel, administrative tasks or allocation of resources.
2022/06/13
Committee: IMCOLIBE
Amendment 603 #

2021/0106(COD)

Proposal for a regulation
Recital 40 a (new)
(40 a) Certain AI-systems used in the area of healthcare that are not covered by Regulation (EU) 2017/745 (Regulation on Medical Devices) should be high-risk. Uses such as software impacting diagnostics, treatments or medical prescriptions and access to health insurance can clearly impact health and safety, but also can also obstruct access to health services, impact the right to health care and cause physical harm in the long run.
2022/06/13
Committee: IMCOLIBE
Amendment 607 #

2021/0106(COD)

Proposal for a regulation
Recital 40 b (new)
(40 b) Certain AI-systems used in the area of media, particularly in the area of social media, due to their potentially large reach and the specific risk of large scale spread of disinformation and exacerbation of societal polarisation should be high-risk due to their potential impact on individuals’ rights, but also on society and democracy at large.
2022/06/13
Committee: IMCOLIBE
Amendment 610 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 615 #

2021/0106(COD)

Proposal for a regulation
Recital 42
(42) To mitigate the risks from high-risk AI systems placed or otherwise put into service on the Union market for usdeployers and affected personAI subjects, certain mandatory requirements should apply, taking into account the intended purpose of the , the potential or reasonably foreseeable use or misuse of the system, and according toshould be in accordance with the risk management system to be established by the provider.
2022/06/13
Committee: IMCOLIBE
Amendment 618 #

2021/0106(COD)

Proposal for a regulation
Recital 43
(43) Requirements should apply to high- risk AI systems as regards the quality and relevance 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, as applicable in the light of the intended purpowell as the environment, society, rule of law, democracy, economic interests and consumer protection, as applicable in the light of the intended purpose, the potential or reasonably foreseeable use or misuse of the system, and no other less trade restrictive measures are reasonably available, thus avoiding unjustified restrictions to trade.
2022/06/13
Committee: IMCOLIBE
Amendment 628 #

2021/0106(COD)

(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 thea 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, validation and testing data sets should be sufficiently relevant, representative and free of errors and complete, statistically complete and relevant in view of the intended purpose of the system and the context of its use. They should also have the appropriate statistical properties, including as regards the persons or groups of persons on whichin relation to whom 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 requirednecessary in the light of their intended purpose, 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. ISolely in order to protect the right of others from the discrimination that might result from the bias in AI systems, the providers should be 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.
2022/06/13
Committee: IMCOLIBE
Amendment 635 #

2021/0106(COD)

Proposal for a regulation
Recital 46
(46) Having information on how high- risk AI systems have been developed and how they perform throughout their lifecycle is essential to verify compliance with the requirements under this Regulation. This requires keeping records and the availability of a technical documentation, containing information which is necessary to assess the compliance of the AI system with the relevant requirements. Such information should include the general characteristics, capabilities and limitations of the system, algorithms, data, training, testing and validation processes used as well as documentation on the relevant risk management system. The technical documentation should be kept up to date throughout the entire lifecycle of the AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 637 #

2021/0106(COD)

Proposal for a regulation
Recital 47
(47) To address the opacity that may make certain AI systems incomprehensible to or too complex for natural persons, a certain degree of transparency should be required for high-risk AI systems. UsDeployers should be able to interpret the system’s goals, priorities and output and use it appropriately. High-risk AI systems should therefore be accompanied by relevant documentation and instructions of use and include concise and clear information, including in relation to possible risks to fundamental rights and discrimination, where appropriate. Where individuals are passively subject to AI systems (AI subjects), information to ensure an appropriate type and degree of transparency should be made publicly available, with full respect to the privacy, personality, and related rights of subjects.
2022/06/13
Committee: IMCOLIBE
Amendment 643 #

2021/0106(COD)

Proposal for a regulation
Recital 48
(48) High-risk AI systems should be designed and developed in such a way that natural persons can oversee their functioningmeaningfully oversee and regulate their functioning or investigate in case of an accident. For this purpose, appropriate human oversight measures should be identifiensured by the provider of the system before its placing on the market or putting into service. In particular, where appropriate, such measures should guarantee that the system is subject to in- built operational constraints that cannot be overridden by the system itself and is responsive to the human operator, and that the natural persons to whom human oversight has been assigned have the necessary competence, training and authority to carry out that role.
2022/06/13
Committee: IMCOLIBE
Amendment 647 #

2021/0106(COD)

Proposal for a regulation
Recital 49
(49) High-risk AI systems should perform consistently throughout their lifecycle and meet an appropriate level of accuracy, robustness, reliability and cybersecurity in accordance with the generally acknowledged state of the art. The level of accuracy and accuracy metrics should be communicated to the usdeployers.
2022/06/13
Committee: IMCOLIBE
Amendment 648 #

2021/0106(COD)

Proposal for a regulation
Recital 50
(50) The technical robustness is a key requirement for high-risk AI systems. They should be resilient against risks connected to the limitations of the system (e.g. errors, faults, inconsistencies, unexpected situations) as well as adequately protected against malicious actions that may compromise the security of the AI system and result in harmful or otherwise undesirable behaviour. Failure to protect against these risks could lead to safety impacts or negatively affect the fundamental rights, for example due to erroneous decisions or wrong or biased outputs generated by the AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 653 #

2021/0106(COD)

Proposal for a regulation
Recital 51
(51) Cybersecurity plays a crucial role in ensuring that AI systems are resilient against attempts to alter their use, behaviour, performance or compromise their security properties by malicious third parties exploiting the system’s vulnerabilities. Cyberattacks against AI systems can leveratarget AI specific assets, such as training data sets (e.g. data poisoning) or trained models (e.g. adversarial attacks), or exploit vulnerabilities in the AI system’s digital assets or the underlying ICT infrastructure. To ensure a level of cybersecurity appropriate to the risks, suitable measures should therefore be taken by the providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
2022/06/13
Committee: IMCOLIBE
Amendment 656 #

2021/0106(COD)

Proposal for a regulation
Recital 53
(53) It is appropriate that a specific natural or legal person, defined as the provider, takes the responsibility for the placing on the market or, putting into service or deploying of a high-risk AI system, regardless of whether that natural or legal person is the person who designed or developed the system.
2022/06/13
Committee: IMCOLIBE
Amendment 657 #

2021/0106(COD)

Proposal for a regulation
Recital 54
(54) The provider and, where applicable, deployer should establish a sound quality management system, ensure the accomplishment of the required conformity assessment procedure, draw up the relevant documentation and establish a robust post-market monitoring system. Public authorities which put into service high-risk AI systems for their own use may adopt and implement the rules for the quality management system as part of the quality management system adopted at a national or regional level, as appropriate, taking into account the specificities of the sector and the competences and organisation of the public authority in question. Deployers should have strategies in place to ensure that the data management, including data acquisition, data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data during the deployment lifetime of high-risk AI systems, complies with applicable rules and ensure regulatory compliance, in particular regarding modifications to the high-risk AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 665 #

2021/0106(COD)

Proposal for a regulation
Recital 58
(58) Given the nature of AI systems and the risks to safety and fundamental rights possibly associated with their use, including as regards the need to ensure proper monitoring of the performance of an AI system in a real-life setting, it is appropriate to set specific responsibilities for users. Usdeployers. Deployers should in particular use high-risk AI systems in accordance with the instructions of use and certain other obligations should be provided for with regard to monitoring of the functioning of the AI systems and with regard to record- keeping and quality management, as appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 667 #

2021/0106(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) To ensure that fundamental rights, the environment and the public interest are effectively protected where an AI- system is classified as high-risk under Annex III, both producers and deployers before each deployment should perform a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle and include measures to mitigate any impact on fundamental rights, the environment or the public interest. The fundamental rights impact assessment should be registered in the public EU database for stand-alone high-risk AI systems and be publicly accessible. The supervisory authority should have the power to review these fundamental rights impact assessments.
2022/06/13
Committee: IMCOLIBE
Amendment 670 #

2021/0106(COD)

Proposal for a regulation
Recital 59
(59) It is appropriate to envisage that the usdeployer of the AI system should be the natural or legal person, public authority, agency or other body under whose authority the AI system is operated except where the use is made in the course of a personal non- professional activity.
2022/06/13
Committee: IMCOLIBE
Amendment 672 #

2021/0106(COD)

Proposal for a regulation
Recital 60
(60) In the light of the complexity of the artificial intelligence value chain, relevant third parties, notably the ones involved in the sale and the supply of software, software tools and components, pre-trained models and data, or providers of network services, should cooperate, as appropriate, with providers and usdeployers to enable their compliance with the obligations under this Regulation and with competent authorities established under this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 676 #

2021/0106(COD)

Proposal for a regulation
Recital 61 a (new)
(61 a) As part of the new legal framework on corporate sustainable reporting and due diligence, minimum common standards for the reporting of businesses on the societal and environmental impacts of the AI systems that they develop, sell or distribute should be established and used at an early stage of the development and life-cycle of AI systems. Such common standard obligations should notably consist of mandatory human rights due diligence rules, thus enabling a level-playing field among European businesses and non- European businesses operating in the EU.
2022/06/13
Committee: IMCOLIBE
Amendment 679 #

2021/0106(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure a high level of trustworthiness of high-risk AI systems, those systems should be subject to a third party conformity assessment prior to their placing on the market or putting into service.
2022/06/13
Committee: IMCOLIBE
Amendment 684 #

2021/0106(COD)

Proposal for a regulation
Recital 64
(64) Given the more extensive experience of professional pre-market certifiers in the field of product safety and the different nature of risks involved, it is appropriate to limit, at least in an initial phase of application of this Regulation, the scope ofessential to ensure, particularly in the period before application of this Regulation, the development of adequate capacity for the application of third-party conformity assessment for high-risk AI systems other than those related to products. Therefore, the conformity assessment of such systems should be carried out as a general rule by the provider under its own responsibility, with the only exception of AI systems intended to be used for the remote biometric identification of persons, for which the involvement of a notified body in the conformity assessment should be foreseen, to the extent they are not prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 686 #

2021/0106(COD)

Proposal for a regulation
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 persons, 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.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 690 #

2021/0106(COD)

Proposal for a regulation
Recital 65 a (new)
(65 a) Third party conformity assessments for products listed in Annex III are essential as a precautionary measure and to ensure that trust is not lost in AI products, to the detriment of innovation, competition and growth. Due to the particularly sensitive nature of the tasks at hand, third party conformity assessments in the fields of law enforcement, asylum and immigration should be carried out by the market surveillance authority.
2022/06/13
Committee: IMCOLIBE
Amendment 694 #

2021/0106(COD)

Proposal for a regulation
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 third party 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.
2022/06/13
Committee: IMCOLIBE
Amendment 699 #

2021/0106(COD)

Proposal for a regulation
Recital 68
(68) Under certain conditions, rapid availability of innovative technologies may be crucial for health and safety of persons and for society as a whole. It is thus appropriate that under exceptional reasons of public security or protection of life and health of natural persons and the protection of industrial and commercial property, Member States could authorise the placing on the market or putting into service of AI systems which have not undergone a conformity assessment.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 705 #

2021/0106(COD)

Proposal for a regulation
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, providers of high-risk AI systems other than those related to products falling within the scope of relevant existing Union harmonisation legislation,and deployers of high- risk AI systems should be required to register their high- risk AI system in a EU database, to be established and managed by the Commission. 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).
2022/06/13
Committee: IMCOLIBE
Amendment 711 #

2021/0106(COD)

Proposal for a regulation
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, usdeployers, 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. Additionally, the use of an AI system to generate or manipulate image, audio or video content that appreciably resembles a natural person should be permitted only when used for freedom of expression and artistic purposes and while respecting the limits of these purposes, or with the explicit consent of that person.
2022/06/13
Committee: IMCOLIBE
Amendment 719 #

2021/0106(COD)

Proposal for a regulation
Recital 71
(71) Artificial intelligence is a rapidly developing family of technologies that requires novel forms of regulatory oversight andbenefits from clear rules and legal certainty, and requires regulatory oversight. In order to fulfill its potential to benefit society, a safe space for controlled experimentation, while ensuring respect for Union law and the protection of fundamental rights, can help foster responsible innovation and integration of appropriate safeguards and risk mitigation measures. To ensure a legal framework that ispromotes sustainable innovation-friendly,, is future-proof and resilient to disruption, national competent authorities from one or more Member States should be encouraged to cooperate in establishing 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.
2022/06/13
Committee: IMCOLIBE
Amendment 724 #

2021/0106(COD)

Proposal for a regulation
Recital 72
(72) The objectives of the regulatory sandboxes should be to foster AI innovation for the benefit of society by establishing a controlled experimentation and testing environment in the development and pre-marketing phase with a view to ensuring respect for and protection of fundamental rights, 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 dataPersonal data that had originally been collected for otherdifferent 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) 2016/680should be processed in a sandbox only under specified conditions and within the limits of Regulation (EU) 2016/679. Such further processing should be considered as for statistical purposes in the meaning of Article 5(1)(b) of that Regulation. 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 over the suspending or banning them from participating in the sandbox, or whether to impose an administrative fine under Article 83(2) of Regulation 2016/679 and Article 57 of Directive 2016/680. This Regulation should also provide the legal basis for the use of data protected by intellectual property or trade- secrets for developing certain AI systems in the public interest within the AI regulatory sandbox, without prejudice to Directive (EU) 2019/790 and to Directive (EU) 2016/943. The authorised use of data protected by intellectual property or trade-secrets under Article 54 of this Regulation should be covered by Article 4 of Directive (EU) 2019/790.
2022/06/13
Committee: IMCOLIBE
Amendment 732 #

2021/0106(COD)

Proposal for a regulation
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scale providers and usdeployers of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication, and including the cooperation across borders. Moreover, the specific interests and needs of small-scale providers shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border usdeployers.
2022/06/13
Committee: IMCOLIBE
Amendment 737 #

2021/0106(COD)

Proposal for a regulation
Recital 74
(74) In order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this Regulation, the AI- on demand platform, the European Digital Innovation Hubs and the Testing and Experimentation Facilities established by the Commission and the Member States at national or EU level should possibly contribute to the implementation of this Regulation. Within their respective mission and fields of competence, they may provide in particular technical and scientific support to providers and notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 740 #

2021/0106(COD)

Proposal for a regulation
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established. The Board should be independent and responsible for a number of advisory and enforcement tasks, including issuing decisions, 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. In order to ensure a consistent and appropriate enforcement vis-à-vis very large undertakings, the Board should be the supervisory authority for undertakings that meet the criteria of 'community dimension' as defined in Article 1(3) of Regulation 139/200 (Merger Regulation). The Board should have a secretariat with sufficient resources and expertise to be able to fulfil its role. In this respect, the secretariat should establish a European Centre of Excellence for Artificial Intelligence (ECE-AI).
2022/06/13
Committee: IMCOLIBE
Amendment 744 #

2021/0106(COD)

Proposal for a regulation
Recital 77
(77) Member States hold 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 and implementation of this Regulation. In order to increase 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 State and Union levels, in each Member State one national authority should be designated as national supervisory authority. In order to avoid duplication and combine expertise and competences, this should be a supervisory authority established under Regulation (EU) 2016/679 (General Data Protection Regulation). The supervisory authorities should have sufficient investigative and corrective powers.
2022/06/13
Committee: IMCOLIBE
Amendment 748 #

2021/0106(COD)

Proposal for a regulation
Recital 78
(78) In order to ensure that providers of high-risk AI systems can take into account the experience on the use of high-risk AI systems for improving their systems and the design and development process or can take any possible corrective action in a timely manner, all providers should have a post-market monitoring system in place. This system is also key to ensure that the possible risks emerging from AI systems which continue to ‘learn’ after being placed on the market or put into service can be more efficiently and timely addressed. In this context, providers should also be required to have a system in place to report to the relevant authorities any serious incidents or any breaches to national and Union law, including those protecting fundamental rights and consumer rights, resulting from the use of their AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 750 #

2021/0106(COD)

Proposal for a regulation
Recital 79
(79) In order to ensure an appropriate and effective enforcement of the requirements and obligations set out by this Regulation, which is Union harmonisation legislation, the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020 should apply in its entirety. Where necessary for their mandate, national public authorities or bodies, which supervise the application of Union law protecting fundamental rights, including equality bodies, should also have access to any documentation created under this Regulation. A reasonable suspicion of breach of fundamental rights, which may arise from a complaint from an individual or a notification of a breach submitted by a civil society organisation, should be deemed as a sufficient reason for the commencement of an evaluation of an AI system at national level.
2022/06/13
Committee: IMCOLIBE
Amendment 751 #

2021/0106(COD)

Proposal for a regulation
Recital 79 a (new)
(79 a) As the rights and freedoms of individuals can be seriously undermined by AI systems, it is essential that affected individuals have meaningful access to reporting and redress mechanisms. They should be able to report infringements of this Regulation to their national supervisory authority and have the right to be heard and to be informed about the outcome of their complaint and the right to a timely decision. In addition, they should have the right to an effective remedy against competent authorities who fail to enforce these rights and the right to redress. Where applicable, deployers should provide internal complaints mechanisms to be used by affected individuals and should be liable for pecuniary and non-pecuniary damages in cases of breaches of individuals’ or groups’ rights. Collective representation of affected individuals must be possible.
2022/06/13
Committee: IMCOLIBE
Amendment 754 #

2021/0106(COD)

Proposal for a regulation
Recital 80
(80) Union legislation on financial services includes internal governance and risk management rules and requirements which are applicable to regulated financial institutions in the course of provision of those services, including when they make use of AI systems. In order to ensure coherent application and enforcement of the obligations under this Regulation and relevant rules and requirements of the Union financial services legislation, the authorities responsible for the supervision and enforcement of the financial services legislation, including where applicable the European Central Bank, should be designated as competent authorities for the purpose of supervising the implementation of this Regulation, including for market surveillance activities, as regards AI systems provided or used by regulated and supervised financial institutions. To further enhance the consistency between this Regulation and the rules applicable to credit institutions regulated under Directive 2013/36/EU of the European Parliament and of the Council56 , it is also appropriate to integrate the conformity assessment procedure and some of the providers’ procedural obligations in relation to risk management, post marketing monitoring and documentation into the existing obligations and procedures under Directive 2013/36/EU. In order to avoid overlaps, limited derogations should also be envisaged in relation to the quality management system of providers and the monitoring obligation placed on users of high-risk AI systems to the extent that these apply to credit institutions regulated by Directive 2013/36/EU. _________________ 56 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
2022/06/13
Committee: IMCOLIBE
Amendment 760 #

2021/0106(COD)

Proposal for a regulation
Recital 81
(81) The development of AI systems other than high-risk AI systems in accordance with the requirements of this Regulation may lead to a larger uptake of trustworthy artificial intelligence in the Union. Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to energy efficiency, resource use and waste production, and environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity, equal representation and gender-balance of the development teams. The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data.
2022/06/13
Committee: IMCOLIBE
Amendment 761 #

2021/0106(COD)

Proposal for a regulation
Recital 82
(82) It is important that AI systems related to products that are not high-risk in accordance with this Regulation and thus are not required to comply with the requirements set out hereinfor high-risk AI systems are nevertheless safe when placed on the market or put into service. To contribute to this objective, the Directive 2001/95/EC of the European Parliament and of the Council57 would apply as a safety net. _________________ 57 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
2022/06/13
Committee: IMCOLIBE
Amendment 762 #

2021/0106(COD)

Proposal for a regulation
Recital 83
(83) In order to ensure trustful and constructive cooperation of competent authorities on Union and national level, all parties involved in the application of this Regulation should aim for transparency and openness. Where necessary for individual cases and internal deliberations, they should also respect the confidentiality of information and data obtained in carrying out their tasks.
2022/06/13
Committee: IMCOLIBE
Amendment 771 #

2021/0106(COD)

Proposal for a regulation
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, 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 . These consultations should involve the participation of a balanced selection of stakeholders, including consumer organisations, associations representing affected persons, businesses representatives from different sectors and sizes, as well as researchers and scientists. 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.
2022/06/13
Committee: IMCOLIBE
Amendment 774 #

2021/0106(COD)

Proposal for a regulation
Recital 86 a (new)
(86 a) Given the rapid technological developments and the required technical expertise in conducting the assessment of high-risk AI systems, the Commission should regularly review Annex III, at least every six months, while consulting with the relevant stakeholders, including ethics experts and anthropologists, sociologists, mental health specialists and any relevant scientists and researchers.
2022/06/13
Committee: IMCOLIBE
Amendment 776 #

2021/0106(COD)

Proposal for a regulation
Recital 86 b (new)
(86 b) When adopting delegated or implementing acts concerning high-risk sectors of AI development, notably those raising concerns with respect to ethical principles or entailing risks to the health or safety of humans, animals or plants, or the protection of the environment, Member States should also assume greater responsibility in the decision- making process. In particular, the abstentions of Member States representatives’ should be counted within a qualified majority, each Member State representative should give substantive reasons for votes and abstentions, each of their vote and abstention should be accompanied by a detailed justification, on the basis of Regulation XX/XX amending Regulation (EU) No 182/2011.
2022/06/13
Committee: IMCOLIBE
Amendment 777 #

2021/0106(COD)

Proposal for a regulation
Recital 87 a (new)
(87 a) As reliable information on the resource and energy use, waste production and other environmental impact of AI systems and related ICT technology, including software, hardware and in particular data centres, is limited, the Commission should evaluate the impact and effectiveness of this Regulation regarding these criteria and further evaluate bringing legislation for the sector to contribute to EU climate strategy and targets.
2022/06/13
Committee: IMCOLIBE
Amendment 778 #

2021/0106(COD)

Proposal for a regulation
Recital 89
(89) The European Data Protection Supervisor and the European Data Protection Board were consulted in accordance with Article 42(2) of Regulation (EU) 2018/1725 and delivered an opinion on […]18.6.2021”.
2022/06/13
Committee: IMCOLIBE
Amendment 783 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
1.The purpose of this Regulation is to ensure a high level of protection of public interests, such as health, safety, fundamental rights, the environment and democracy from harmful effects of artificial intelligence systems ("AI systems") in the Union, whether individual, societal or environmental, while enhancing innovation.Its provisions are underpinned by the precautionary principle. This Regulation lays down:
2022/06/13
Committee: IMCOLIBE
Amendment 786 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) harmonised rules for the placing on the market, the development, the putting into service and the use of, the deployment and the use of human-centric and trustworthy artificial intelligence systems (‘AI systems’) in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 795 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 798 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e
(e) rules on market monitoring and, market surveillance and enforcement.
2022/06/13
Committee: IMCOLIBE
Amendment 808 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
When justified by significant risks to fundamental rights of persons, including the protection of consumer rights, Member States may introduce regulatory solutions ensuring a higher level of protection of persons than offered in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 815 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a
(a) providers placing on the market or, developing, putting into service or deploying AI systems in the Union, irrespective of whether those providers are established within the Union or in a third country;
2022/06/13
Committee: IMCOLIBE
Amendment 819 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) usdeployers of AI systems located or established within the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 826 #

2021/0106(COD)

Proposal for a regulation
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 has effects in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 829 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
(c a) importers, distributors, and authorised representatives of providers of AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 836 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
(c b) AI systems as a product, service or practice, or as part of a product, service or practice.
2022/06/13
Committee: IMCOLIBE
Amendment 864 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems developed or used exclusively for military purposes.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 879 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. This Regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this Regulation pursuant to paragraph 1, where those authorities or organisations use AI systems in the framework of international agreements for law enforcement and judicial cooperation with the Union or with one or more Member States.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 889 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not provide a legal basis for the development, deployment or use of AI systems that is unlawful under Union or national law;
2022/06/13
Committee: IMCOLIBE
Amendment 893 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 b (new)
5 b. This Regulation is without prejudice to the rules laid down by other Union legal acts regulating the protection of personal data, in particular Regulation (EU) 2016/679, Directive (EU) 2016/680, Regulation (EU) 2018/1725, and Directive 2002/57/EC;
2022/06/13
Committee: IMCOLIBE
Amendment 898 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 c (new)
5 c. This Regulation is without prejudice to the rules laid down by other Union legal acts relating to consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Directive 2001/95/EC on general product safety and Directive 2013/11/EU.
2022/06/13
Committee: IMCOLIBE
Amendment 917 #

2021/0106(COD)

Proposal for a regulation
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 listed in Annex I and can, for a given set of human-defineinputs and objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;
2022/06/13
Committee: IMCOLIBE
Amendment 946 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
2022/06/13
Committee: IMCOLIBE
Amendment 948 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4 a) ‘AI subject’ means any natural or legal person that is subject to a decision based on or assisted by an AI system, or subject to interaction with an AI system or treatment of data relating to them by an AI system, or otherwise subjected to analysis by an AI or otherwise impacted or affected by an AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 958 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘operator’ means the provider, the usdeployer, the authorised representative, the importer and the distributor;
2022/06/13
Committee: IMCOLIBE
Amendment 963 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘putting into service’ means the supply of an AI system for first use directly to the usdeployer or for own use on the Union market for its intended purpose;
2022/06/13
Committee: IMCOLIBE
Amendment 976 #

2021/0106(COD)

Proposal for a regulation
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, including other AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 989 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15) ‘instructions for use’ means the information provided by the provider to inform the usdeployer of in particular an AI system’s intended purpose and proper use, inclusive of the specific geographical, behavioural or functional setting within which the high-risk AI system is intended to be used;
2022/06/13
Committee: IMCOLIBE
Amendment 992 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘recall of an AI system’ means any measure aimed at achieving the return to the provider of an AI system made available to usdeployers;
2022/06/13
Committee: IMCOLIBE
Amendment 997 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 20
(20) ‘conformity assessment’ means the process of verifying whether theication by an independent third party whether the principles and requirements set out in Title III, Chapter 2 of this Regulation relating to an AI system have been fulfilled;
2022/06/13
Committee: IMCOLIBE
Amendment 1003 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change to the AI system following its placing on the market or putting into service which affects the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation or results in a modification to the intended purpose for which the AI system has been assessed; or to its performance, including modifications of the intended purpose of an AI system which is not classified as high-risk and is already placed on the market or put into service;
2022/06/13
Committee: IMCOLIBE
Amendment 1015 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 29
(29) ‘training data’ means data used for training an AI system through fitting its learnable parameters, including the weights of a neural network;
2022/06/13
Committee: IMCOLIBE
Amendment 1017 #

2021/0106(COD)

Proposal for a regulation
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 overfitting; whereas the validation dataset can be a separate dataset or part of the training dataset, either as a fixed or variable split;
2022/06/13
Committee: IMCOLIBE
Amendment 1023 #

2021/0106(COD)

Proposal for a regulation
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 data;
2022/06/13
Committee: IMCOLIBE
Amendment 1027 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 33 a (new)
(33 a) ‘biometrics-based data’ means data resulting from specific technical processing relating to physical, physiological, or behavioural features, signals, or characteristics of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 1038 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts, states of mind or intentions of natural persons on the basis of their biometric data;
2022/06/13
Committee: IMCOLIBE
Amendment 1041 #

2021/0106(COD)

Proposal for a regulation
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 sex, age, hair colour, eye colour, health, mental ability, personality traits, tattoos, ethnic origin or sexual or political orientation, on the basis of their biometric data or biometrics-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1055 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purposcapable 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 ;
2022/06/13
Committee: IMCOLIBE
Amendment 1064 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 37
(37) ‘‘real-time’ remote biometric identification system’ means a remote biometric identification system whereby the capturing of biometric data, the comparison and the identification all occur without a significant delay. This comprises not only instant identification, but also limited short delays in order to avoid circumventionon a continuous or large-scale basis over a period of time and without limitation to a particular past incident.
2022/06/13
Committee: IMCOLIBE
Amendment 1065 #

2021/0106(COD)

(38) ‘‘post’ remote biometric identification system’ means a remote biometric identification system other than a ‘real-time’ remote biometric identification system;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1069 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 39
(39) ‘publicly accessible space’ means any physical place accessible to the public, or fulfilling a public function, regardless of whether certain conditions for access may apply;
2022/06/13
Committee: IMCOLIBE
Amendment 1081 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 43
(43) ‘national competent authority’ means the EDPS, the national supervisory authority, the notifying authority and the market surveillance authority;
2022/06/13
Committee: IMCOLIBE
Amendment 1097 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 – point b a (new)
(b a) a serious violation of an individual’s fundamental rights;
2022/06/13
Committee: IMCOLIBE
Amendment 1100 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘Recommender system’ means a fully or partially automated system used by an online platform to suggest or prioritise in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient of the service or otherwise determining the relative order or prominence of information displayed.
2022/06/13
Committee: IMCOLIBE
Amendment 1146 #

2021/0106(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Transparency Rights 1. Providers and deployers of AI systems which affect natural persons, in particular, by evaluating or assessing them, making predictions about them, recommending information, goods or services to them or determining or influencing their access to goods and services, shall inform the natural persons that they are subject to the use of such an AI system. 2. The information referred to in paragraph 1 shall include a clear and concise indication about the provider or deployer and the purpose of the AI system, information about the rights of the natural person conferred under this Regulation, and a reference to publicly available resource where more information about the AI system can be found, in particular the relevant entry in the EU database referred to in Article 60, if applicable. 3. This information shall be presented in a concise, intelligible and easily accessible form, including for persons with disabilities. 4. This obligation shall be without prejudice to other Union or Member State laws, in particular Regulation 2016/679 [GDPR], Directive 2016/680 [LED], Regulation 2022/XXX [DSA]. 5. AI subjects will have the right not to be subject to a high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1150 #

2021/0106(COD)

Proposal for a regulation
Article 4 b (new)
Article 4 b Principles applicable to all AI systems 1. Providers and deployers of AI systems shall respect the following principles: (a) AI systems must be used in a fair and transparent manner in relation to AI subjects; (b) AI subjects shall have a right to automatically receive an explanation in accordance with Article 4c; (c) AI subjects shall have the right to object to a decision taken solely by an AI system, or relying to a significant degree on the output of an AI system, which produces legal effects concerning him or her, or similarly significantly affects him or her. This paragraph is without prejudice to Article 22 of Regulation 2016/679; (d) AI systems shall not be used to exploit power and information asymmetries to the detriment of AI subjects, regardless of whether such asymmetries already exist or may be created or aggravated by the use of AI systems themselves. In particular, AI systems may not be used to discriminate against AI subjects on the basis of the characteristics listed in Article 21 of the European Charter of Fundamental Rights, on the basis of biometrics-based data, as well as on the basis of economic factors; (e) AI systems must be safe and secure, ensuring a performance that is reliable, accurate, and robust throughout their lifecycle; (f) AI systems intended to interact with AI subjects shall be designed and developed in such a way that natural individuals are informed that they are interacting with an AI system, especially where its outputs or behaviour may be reasonably mistaken for that of a human being; 2. Providers of AI systems shall be responsible for, and be able to demonstrate compliance with, the principles established in paragraph 1. This requirement shall apply accordingly to deployers where they have substantially influenced the intended purpose or the manner of operation of the AI system; 3. The functioning of AI systems shall be regularly monitored and assessed to ensure they respect the rights and obligations set out in Union law; 4. These principles shall apply without prejudice to existing obligations relating to transparency, explanation or motivation of decision-making under Member State or Union law.
2022/06/13
Committee: IMCOLIBE
Amendment 1152 #

2021/0106(COD)

Proposal for a regulation
Article 4 c (new)
Article 4 c Explanation of individual decision- making 1. A decision made by or with the assistance of an AI system which produces legal effects concerning an AI subject, or which similarly significantly affects an AI subject, shall be accompanied by a meaningful, relevant explanation of at least: (a) the role of the AI system in the decision-making process and the extent to which the output produced by the AI system influenced the decision in this case; (b) the logic involved, the main parameters of decision-making, and their relative weight; (c) the input data relating to the AI subject, including the indication of his or her personal data, and each of the parameters on the basis of which the decision was made. For the information on input data to be meaningful it must include an easily understandable description of inferences drawn from other data; (d) if applicable, the category or group into which the AI subject has been classified; (e) whether the same decision was taken in relation to other persons in similar circumstances and if not – an explanation why the AI subject was treated differently, without prejudice to the protection of personal data; (f) for high-risk AI systems, the link to the entry in the EU database referred to in Article 60; (g) the information about the person’s rights under this Regulation, including the right to lodge a complaint with a supervisory authority; 2. Paragraph 1 shall not apply to the use of AI systems: (a) that are authorised by law to detect, prevent, investigate and prosecute criminal offences or other unlawful behaviour under the conditions laid down in Article 3(41) and Article 52 of this Regulation, if not explaining the decision is necessary and proportionate for detection, prevention, investigation and prosecution of a specific offence; (b) for which exceptions from, or restrictions to, the obligation under paragraph 1 follow from Union or Member State law, which lays down appropriate other safeguards for the affected person’s rights and freedoms and legitimate interests; 3. The explanation within the meaning of paragraph 1 shall be provided by default at the same time when the decision is communicated to the AI subject and shall be provided in a clear, easily understandable, and intelligible way, accessible for persons with disabilities; 4. If an AI subject has not received an explanation by default, AI subjects have the right to request it. The deployer shall inform the affected person within 7 days. If the request is refused, the deployer shall inform the AI subject of the right to complain to the national supervisory authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1155 #

2021/0106(COD)

Proposal for a regulation
Article 5 – title
5 -1. Any practices related to artificial intelligence and AI systems whose development, deployment or use, or reasonably foreseeable misuse, that adversely affect, or are likely to adversely affect, the essence of any fundamental right shall be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 1156 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. TIn addition to paragraph -1, the following artificial intelligence practices shall be prohibited:
2022/06/13
Committee: IMCOLIBE
Amendment 1158 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the development, the placing on the market, putting into service, deployment 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 or a group's behaviour, including by impairing the person’s ability to make an informed decision, thereby causing the person to take a decision that they would not otherwise have taken, in a manner that causes or is likely to cause thatany person or another person physicalsociety at large physical, economic or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1174 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) the development, placing on the market, putting into service, deployment or use of an AI system that exploits any of the vulnerabilitiesor may be reasonably foreseen to exploit any of the characteristics of one or more individuals, ofr a specific group of persons due to their age, physical or mental disability, in order to, including those characteristic of known, inferred or predicted personality traits, orientations, or social or economic situation, with the effect or likely effect of materially distorting the behaviour of a person pertaining toone or more persons that are part of that group in a manner that causes or is likely to cause thatany person material or another person physical or psychological harmn-material harm, including physical, economic or psychological harm or affecting democracy or society at large;
2022/06/13
Committee: IMCOLIBE
Amendment 1195 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
(c) the development, placing on the market, putting into service, deployment or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness or social standing of natural persons over a certain period of time based on their social behaviour or known, inferred or predicted personal or personality characteristics, with the social score leading to either or both of the following:potentially leading to detrimental or unfavourable treatment of persons or whole groups;
2022/06/13
Committee: IMCOLIBE
Amendment 1203 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point i
(i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1214 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – point ii
(ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1242 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – introductory part
(d) the use of ‘real-time’development, placing on the market, putting into service, deployment or use of remote biometric identification systems or biometrics-based in publicly accessible spaces for the purpose of law enforcement, unless and , including online as far as such use is strictly necessary for one of the following objectivccessible spaces:;
2022/06/13
Committee: IMCOLIBE
Amendment 1248 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1259 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1279 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1289 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(d a) the development, placing on the market, putting into service, deployment or use of of biometric categorisation systems;
2022/06/13
Committee: IMCOLIBE
Amendment 1295 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d b (new)
(d b) the placing on the market, putting into service, deployment or use of of emotion recognition systems other than for the personal use of natural persons as an assistive technology;
2022/06/13
Committee: IMCOLIBE
Amendment 1304 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d c (new)
(d c) the development, placing on the market, putting into service, deployment or use of AI systems for automated monitoring and analysis of human behaviour in publicly accessible spaces, including online;
2022/06/13
Committee: IMCOLIBE
Amendment 1306 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d d (new)
(d d) the development, placing on the market, putting into service, deployment or use of an AI system that can reasonably foreseeably be used for constant monitoring of an individual’s behaviour to identify, predict or deter rule-breaking or fraud in a relationship of power, such as at work or in education, in particular where this constant monitoring has potential punitive or detrimental consequences for individuals;
2022/06/13
Committee: IMCOLIBE
Amendment 1315 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d e (new)
(d e) the placing on the market, putting into service, deployment or use of recommender systems aimed at generating interaction that systematically suggest disinformation or illegal content;
2022/06/13
Committee: IMCOLIBE
Amendment 1318 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d f (new)
(d f) the use of AI systems by law enforcement authorities, criminal justice authorities, migration, asylum and border-control authorities, or other public authorities to make predictions, profiles or risk assessments based on data analysis or profiling of natural persons as referred to in Article 3(4) of Directive EU 2016/680, groups or locations, for the purpose of predicting the occurrence or recurrence of an actual or potential criminal offence(s) or other offences, or rule-breaking;
2022/06/13
Committee: IMCOLIBE
Amendment 1323 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d g (new)
(d g) the use of AI systems by or on behalf of competent authorities, or third parties acting on their behalf, 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 on the basis of personal or sensitive data, known or predicted, except for the sole purpose of identifying specific care and support needs;
2022/06/13
Committee: IMCOLIBE
Amendment 1329 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d h (new)
(d h) the placing on the market, putting into service, or use of AI systems by law enforcement authorities, or by competent authorities in migration, asylum and border control management, as polygraphs and similar tools to detect deception, trustworthiness or related characteristics
2022/06/13
Committee: IMCOLIBE
Amendment 1334 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d i (new)
(d i) The development of private facial recognition or other private biometric databases and the use of such databases for the purpose of law enforcement;
2022/06/13
Committee: IMCOLIBE
Amendment 1336 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d j (new)
(d j) The creation or expansion of facial recognition or other biometric databases through the untargeted or generalised scraping of biometric data from social media profiles or CCTV footage, or equivalent methods;
2022/06/13
Committee: IMCOLIBE
Amendment 1340 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d k (new)
(d k) The use of remote biometric identification for the purpose of migration management, border surveillance and humanitarian aid;
2022/06/13
Committee: IMCOLIBE
Amendment 1342 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d l (new)
(d l) the use of AI systems for indiscriminate surveillance applied in a generalised manner to a large number of natural persons without differentiation;
2022/06/13
Committee: IMCOLIBE
Amendment 1343 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d m (new)
(d m) The collection or generation of data for practices and AI systems listed in paragraphs -1 and 1 shall also be prohibited throughout their lifecycle, including training, validation and testing;
2022/06/13
Committee: IMCOLIBE
Amendment 1344 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d n (new)
(d n) The placing on the market, putting into use or deployment of AI systems built on, designed, trained, validated or tested with data that was collected, processed or generated illegally;
2022/06/13
Committee: IMCOLIBE
Amendment 1345 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d o (new)
(d o) The Union shall not fund research into and development of AI systems which are likely to be used for indiscriminate surveillance of publicly accessible spaces applied in a generalised manner to a large number of natural persons without differentiation.
2022/06/13
Committee: IMCOLIBE
Amendment 1346 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. In Accordance with Article 73, the Commission is empowered to amend paragraph 1 of this Article by means of a delegated act by adding systems that adversely affect, or are likely to adversely affect, the essence of fundamental rights. In doing so the Commission shall consult civil society and human rights experts annually to reflect state-of-the-art knowledge regarding the potential impacts of technology on fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 1349 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1366 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1377 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1388 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1410 #

2021/0106(COD)

Proposal for a regulation
Article 6 – title
Classification rules for high-risk AI systems
2022/06/13
Committee: IMCOLIBE
Amendment 1415 #

2021/0106(COD)

1. Irrespective of whether an AI system is placed on the market or put into service independently from the products referred to in points (a) and (b), that AI system shall be considered high-risk where both of the following conditions are fulfilled:
2022/06/13
Committee: IMCOLIBE
Amendment 1418 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as a safety component of a product, or is itself a product, covered by or it is required to undergo a third-party conformity assessment with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II;
2022/06/13
Committee: IMCOLIBE
Amendment 1424 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
(a a) its uses are undetermined or indeterminate;
2022/06/13
Committee: IMCOLIBE
Amendment 1425 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a b (new)
(a b) in the course of the self- assessment pursuant to Article 6 a of this Regulation, the AI system or its operation is found to result in a high risk to the rights and freedoms of natural persons; or
2022/06/13
Committee: IMCOLIBE
Amendment 1426 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a c (new)
(a c) it is listed in Annex III.
2022/06/13
Committee: IMCOLIBE
Amendment 1427 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) the product whose safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1446 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2 a. The assessment referred to in paragraph 2 shall be conducted by the Commission annually and under the consultation conditions laid down in this regulation, notably in Article 73;
2022/06/13
Committee: IMCOLIBE
Amendment 1449 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2 b (new)
2 b. Where the Commission finds in the course of the assessment pursuant to paragraphs 1 and 2 that an AI system or an area of AI systems must be considered "high risk" or can not or no longer be considered “high risk”, including due to improvements in technology or to social or legal safeguards put in place, it is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding or removing AI systems and areas of AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 1457 #

2021/0106(COD)

Proposal for a regulation
Article 6 a (new)
Article 6 a Preliminary self-assessment 1. Before the conformity assessment procedure foreseen in Articles 43 for high-risk AI systems and 51a for other than high-risk AI system, the provider of the AI system shall carry out a preliminary self-assessment to determine whether: (a) the intended purpose, potential use, or reasonably foreseeable misuse of the AI system constitute a prohibited practice pursuant to Article 5; or (b) the AI system is classified as ‘high- risk’ pursuant to Article 6. 2. The provider of the AI system shall keep a detailed record, including all relevant documentation, of that self- assessment at the disposal of the national competent authorities during the lifespan of the AI system concerned. 3. Where the preliminary self-assessment indicates non-compliance of the AI system with this Regulation, in particular due to it falling within the scope of Article 5, the provider shall, without delay, take measures to ensure compliance of the concerned AI system with this Regulation, or immediately desist from placing it on the market.
2022/06/13
Committee: IMCOLIBE
Amendment 1464 #

2021/0106(COD)

Proposal for a regulation
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 adding high-risk AI systems where both of the following conditions are fulfilled: and areas of high-risk systems that pose a risk of harm to health and safety, or a risk of adverse impact on fundamental rights, environment, society, rule of law or democracy, a risk of economic harm or to consumer protection that is, in respect of its severity or probability of occurrence;
2022/06/13
Committee: IMCOLIBE
Amendment 1474 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the AI systems are intended to be used in any of the areas listed in points 1 to 8 of Annex III;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1480 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) the AI systems pose a risk of harm to the health and safety, or a risk of adverse impact on fundamental rights, that 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 already referred to in Annex III.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1489 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – introductory part
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 non-cumulative criteria:
2022/06/13
Committee: IMCOLIBE
Amendment 1495 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) the intended purpose of the AI system, potential use, or reasonably foreseeable misuse;
2022/06/13
Committee: IMCOLIBE
Amendment 1508 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) the extent to which the use of an AI system has already caused harm to the health and safety or adversely impact on thed fundamental rights 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, environment, society, rule of law or democracy, consumer protection or caused economic harm or has given rise to reasonable concerns in relation to the likelihood of such harm or adverse impact;
2022/06/13
Committee: IMCOLIBE
Amendment 1511 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
(c a) the AI systems pose a risk of harm to occupational health and safety, including psychosocial risks and mental health;
2022/06/13
Committee: IMCOLIBE
Amendment 1514 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point d
(d) the potential extent of such harm or such adverse impact, in particular in terms of its intensity and its ability to affect a plurality of persons;
2022/06/13
Committee: IMCOLIBE
Amendment 1518 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point e
(e) the extent to which potentially harmed or adversely impacted persons are dependent on the outcome produced withinvolving an AI system, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome;
2022/06/13
Committee: IMCOLIBE
Amendment 1519 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point e
(e) the extent to which potentially harmed or adversely impacted persons are dependent on the outcome produced with an AI system, in particular because for practical or legal reasons it is not reasonably possible to opt-out from that outcome;
2022/06/13
Committee: IMCOLIBE
Amendment 1523 #

2021/0106(COD)

(f) the extent to which there is an imblanace of power, or the potentially harmed or adversely impacted persons are in a vulnerable position in relation to the user of an AI system, in particular due to an imbalance of powerstatus, authority, knowledge, economic or social circumstances, or age;
2022/06/13
Committee: IMCOLIBE
Amendment 1527 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point g
(g) the extent to which the outcome produced withinvolving an AI system is easily reversible, whereby o and can effectively be appealed by AI subjects. Outcomes having an impact on the fundamental rights or health or safety of persons shall not be considered as easily reversible;
2022/06/13
Committee: IMCOLIBE
Amendment 1542 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point h – point i
(i) effective measures of redress in relation to the risks podamage caused by an AI system, with the exclusion of claims for direct or indirect damages;
2022/06/13
Committee: IMCOLIBE
Amendment 1553 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter throughout the entire lifecycle of the AI system. This includes their placing on the market as well as their deployment and use. Providers and deployers of AI systems shall ensure compliance by establishing technical and operational measures in line with this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1560 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1 a. Where a deployer discovers non- compliance of a high-risk AI system with this regulation during reasonably foreseeable use, the deployer shall have the right to obtain the necessary modifications from the provider to the high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1561 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
1 b. Prospective deployers of high-risk AI systems shall have certified third parties assess and confirm the conformity of the AI system and its use with this Regulation and relevant applicable Union legislation before putting it into use. The conformity certificate shall be uploaded to the database pursuant to Article 60.
2022/06/13
Committee: IMCOLIBE
Amendment 1562 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1 c (new)
1 c. Where personal data is processed or is expected to be processed in the use of a high-risk AI system, this shall be understood as constituting a high risk in the meaning of Article 35 of Regulation (EU) 2016/679.
2022/06/13
Committee: IMCOLIBE
Amendment 1565 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The intended purpose, the potential or reasonably foreseeable use or misuse 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1578 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. A risk management system shall be established, implemented, documented and maintained in relation to high-risk AI systems throughout the entire lifecycle of the AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1581 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. The risk management system shall consist of a continuous iterative process run throughout the entire lifecycle of a high-risk AI system, requiring regular systematic review and updating. It shall comprise the following steps:
2022/06/13
Committee: IMCOLIBE
Amendment 1586 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with each high-risk AI system, including by means of a fundamental rights impact assessment as provided for in Article 9a;
2022/06/13
Committee: IMCOLIBE
Amendment 1596 #

2021/0106(COD)

Proposal for a regulation
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 and under conditions of reasonably foreseeable use or misuse;
2022/06/13
Committee: IMCOLIBE
Amendment 1606 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 1610 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – introductory part
4. The risk management measures referred to in paragraph 2, point (d) shall be such that any residual risk associated with each hazard as well as the overall residual risk of the high-risk AI systems is judged acceptable, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse. Those residual risks shall be communicated to the userand the reasoned judgements made shall be communicated to the deployer and made available to AI subjects.
2022/06/13
Committee: IMCOLIBE
Amendment 1625 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) where appropriate, implementation of adequate mitigation and control measures in relation toaddressing risks that cannot be eliminated;
2022/06/13
Committee: IMCOLIBE
Amendment 1630 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) provision of adequate information pursuant to Article 13, in particular as regards the risks referred to in paragraph 2, point (b) of this Article, and, where appropriate, training to users.deployers. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/06/13
Committee: IMCOLIBE
Amendment 1631 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c a (new)
(c a) the governance structures to mitigate risks.
2022/06/13
Committee: IMCOLIBE
Amendment 1632 #

2021/0106(COD)

Proposal for a regulation
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 environmendeployer, to the socio-technical context in which the system is intended to be used, and to reasonably foreseeable use or misuse.
2022/06/13
Committee: IMCOLIBE
Amendment 1642 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 5
5. High-risk AI systems shall be tested for the purposes of identifying the most appropriate risk management measures. Testing shall ensure that high-risk AI systems perform consistently for their intended purpo, safely during reasonably foreseeable conditions of use or misuse, and they are in compliance with the requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1645 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 6
6. Testing procedures shall be suitable to achieve the intended purpose of the AI system and do not need to go beyond what is necessary to achieve that purpose.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1656 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 7
7. The testing of the high-risk AI systems shall be performed, as appropriate, at any point in time throughout the development process, and, in any event, prior to the placing on the market or the putting into service. Testing shall be made against preliminarily defined metrics and probabilistic thresholds that are appropriate to the intended purpouse or reasonably foreseeable misuse of the high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 1660 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8
8. When implementing the risk management system described in paragraphs 1 to 7, specific consideration shall be given to whether the high-risk AI system is likely to be accessed by or have an impact on children.:
2022/06/13
Committee: IMCOLIBE
Amendment 1662 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8 – point a (new)
(a) adversely affect specific groups of people, in particular on the basis of gender, sexual orientation, age, ethnicity, disability, religion, socio-economic standing, religion or origin, including asylum seekers including migrants, refugees and asylum seekers;
2022/06/13
Committee: IMCOLIBE
Amendment 1663 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8 – point b (new)
(b) have an adverse impact on the environment, or;
2022/06/13
Committee: IMCOLIBE
Amendment 1664 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8 – point c (new)
(c) be implemented on children;
2022/06/13
Committee: IMCOLIBE
Amendment 1665 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8 – point d (new)
(d) have an adverse effect on mental health, individual’s behaviour;
2022/06/13
Committee: IMCOLIBE
Amendment 1666 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8 – point e (new)
(e) amplify the spread of disinformation and amplify polarisation;
2022/06/13
Committee: IMCOLIBE
Amendment 1667 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 8 – point f (new)
(f) amplify the spread of disinformation and amplify polarisation;
2022/06/13
Committee: IMCOLIBE
Amendment 1671 #

2021/0106(COD)

Proposal for a regulation
Article 9 a (new)
Article 9 a Fundamental rights impact assessments for high-risk AI systems 1. Providers, and deployers at each proposed deployment, must designate the categories of individuals and groups likely to be impacted by the system, assess the system’s impact on fundamental rights, its accessibility for persons with disabilities, and its impact on the environment and broader public interest. Deployers of high-risk AI systems as defined in Article 6(2) shall, prior to putting the system into use, publish a fundamental rights impact assessment of the systems’ impact in the context of use throughout the entire lifecycle. This assessment shall include at least: a) the intended purpose for which the system will be used; b) the intended geographic and temporal scope of the system; c) the potential risks of the use to the rights and freedoms of natural persons, including any indirect impacts or consequences of the systems; d) the categories of natural persons and groups likely or foreseen to be affected; e) the proportionality and necessity of the system’s use; f) verification of the legality of the use of the system in accordance with Union and national law; g) any specific risk of harm likely to impact marginalised, vulnerable persons or groups at risk of discrimination, and risk of increasing existing societal inequalities; h) the foreseeable impact of the use of the system on the environment over its entire life cycle, including but not limited to energy consumption; i) any other negative impact on the public interest and clear plans relating to how the harms identified will be mitigated, and how effective this mitigation is expected to be; and j) the governance system the deployer will put in place, including human oversight, complaint-handling and redress. 2. If adequate steps to mitigate the risks outlined in the course of the assessment in paragraph 1 cannot be identified, the system shall not be put into use. Market surveillance authorities, pursuant to Articles 65 and 67, may take this information into account when investigating systems which present a risk at national level. 3. The obligation outlined under paragraph 1 applies for each new deployment of the high-risk AI system. 4. Deployers shall consult with relevant stakeholders, in particular groups of natural persons exposed to heightened risks from the AI system, civil society and social partners when preparing the impact assessment. The impact assessment shall be repeated on a regular basis throughout the entire lifecycle. 5. Publication of the results of the impact assessment shall be part of the registration of use pursuant to Article 51(2). 6. Where the deployer is already required to carry out a data protection impact assessment under Article 35 of Regulation(EU) 2016/679 or Article 27 of Directive (EU) 2016/680, the impact assessment outlined in paragraph 1 shall be conducted in conjunction to the data protection impact assessment and be published as an addendum. 7. Deployers of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation under paragraph 1.
2022/06/13
Committee: IMCOLIBE
Amendment 1684 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices. throughout the entire lifecycle of the AI system. Those practices shall concern in particular,
2022/06/13
Committee: IMCOLIBE
Amendment 1710 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
(g a) verification of the legality of the sources of the data.
2022/06/13
Committee: IMCOLIBE
Amendment 1722 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and statistically complete. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on whichin relation to whom 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1735 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. To the extent that it is strictly necessary for the purposes of ensuring bias monitoring, detection and correction in relation to the high-risk AI systems, the providers of such systems may process special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679, Article 10 of Directive (EU) 2016/680 and Article 10(1) of Regulation (EU) 2018/1725, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including technical limitations on the re-use and use of state- of-the-art security and privacy-preserving measures, such as pseudonymisation, or encryption where anonymisation may significantly affect the purpose pursued.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1746 #

2021/0106(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Environmental Impact of high-risk AI systems 1. High-risk AI systems shall be designed and developed making use of state-of-the- art methods to reduce energy use, resource use and waste, as well as to increase energy efficiency, and the overall efficiency of the system. They shall be designed and developed and set up with capabilities enabling the measurement and logging of the consumption of energy and resources, and other environmental impact the deployment and use of the systems may have over their entire lifecycle. 2. Member States shall ensure that relevant national authorities issue guidelines and provide support to providers and deployers in their efforts to reduce the environmental impact and resource use of high-risk AI systems. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 73 to detail the measurement and logging procedures, taking into account state-of-the-art methods, in particular to enable the comparability of the environmental impact of systems, and taking into account the economies of scale.
2022/06/13
Committee: IMCOLIBE
Amendment 1749 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
1. The technical documentation of a high-risk AI system shall be drawn up before that system is placed on the market or put into service and shall be kept up-to date throughout its entire lifecycle, and where appropriate, beyond.
2022/06/13
Committee: IMCOLIBE
Amendment 1768 #

2021/0106(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. High-risk AI systems shall be designed and developed with capabilities enabling the automatic recording of events (‘logs’) while the high-risk AI systems is operating. Those logging capabilities shall conform to the state of the art and recognised standards or common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 1788 #

2021/0106(COD)

Proposal for a regulation
Article 13 – title
Transparency and provision of information to userdeployers and AI subjects
2022/06/13
Committee: IMCOLIBE
Amendment 1791 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable usdeployers to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the usdeployer and of the provider set out in Chapter 3 of this Title. Where individuals are passively subject to AI systems (AI subjects), information to ensure an appropriate type and degree of transparency shall be made publicly available, with full respect to the privacy, personality, and related rights of subjects.
2022/06/13
Committee: IMCOLIBE
Amendment 1794 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, statistically complete, correct and clear information that is relevant, accessible and comprehensible to usdeployers.
2022/06/13
Committee: IMCOLIBE
Amendment 1803 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point b – point iii
(iii) any known or foreseeable circumstance, related to the use of the high-risk AI system in accordance with its intended purpose or under conditions of reasonably foreseeable use or misuse, which may lead to risks to the health and, safety or, fundamental rights, the environment, or democracy;
2022/06/13
Committee: IMCOLIBE
Amendment 1806 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point d
(d) the human oversight measures referred to in Article 14, including the technical measures put in place to facilitate the interpretation of the outputs of AI systems by the usdeployers;
2022/06/13
Committee: IMCOLIBE
Amendment 1809 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 3 – point e a (new)
(e a) the level of extraction and consumption of natural resources.
2022/06/13
Committee: IMCOLIBE
Amendment 1814 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which the AI system is in use, and to allow for thorough investigation after an incident.
2022/06/13
Committee: IMCOLIBE
Amendment 1817 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Human oversight shall aim at preventing or minimising the risks to health, safety or, fundamental rights, democracy, or the environment that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable use or misuse, in particular when such risks persist notwithstanding the application of other requirements set out in this Chapter.
2022/06/13
Committee: IMCOLIBE
Amendment 1821 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 3 – introductory part
3. Human oversight shall be ensured through either one or allboth of the following measures:
2022/06/13
Committee: IMCOLIBE
Amendment 1822 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 3 – point a
(a) measures identified and builby the provider building human oversight, when technically feasible, into the high-risk AI system by the provider before it is placed on the market or put into service;
2022/06/13
Committee: IMCOLIBE
Amendment 1824 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 3 – point b
(b) other measures identified by the provider before placing the high-risk AI system on the market or putting it into service and that are appropriate to be implemented by the userdeployer, such as user guides.
2022/06/13
Committee: IMCOLIBE
Amendment 1835 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point b
(b) remain aware of the possible tendencymitigate the risk of automatically relying or over- relying on the output produced by a high- risk AI system (‘automation bias’), in particular for high- risk AI systems used to provide information or recommendations for decisions to be taken by natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 1839 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point d
(d) be ablfree to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1842 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point e
(e) be able to intervene oin the operation of the high-risk AI system or interrupt the system through a “stop” button or a similar procedure that allows the system to come to a halt in a safe state.
2022/06/13
Committee: IMCOLIBE
Amendment 1845 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) and 1(b) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the usdeployer on the basis of the identification resultingoutput from the system unless this has been verified and confirmed by at least two natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 1851 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve security by design and by default, in the light of their intended purpose, an appropriate level of accuracy, robustness and cybersecurieliability, robustness, resilience, safety, and perform consistently in those respectscybersecurity throughout their lifecycle.
2022/06/13
Committee: IMCOLIBE
Amendment 1853 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The levels of accuracy and the relevant accuracy metrics of high-risk AI systems shall be assessed by an independent entity and declared in the accompanying instructions of use. The language used shall be clear, free of misunderstandings or misleading statements.
2022/06/13
Committee: IMCOLIBE
Amendment 1859 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilienobust as regards errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
2022/06/13
Committee: IMCOLIBE
Amendment 1861 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used as an input for future operations (‘feedback loops’) are duut into service shall ensure that 'feedback loops' caused by biased outputs are adequately addressed with appropriate mitigation measures.
2022/06/13
Committee: IMCOLIBE
Amendment 1866 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 4 – introductory part
4. High-risk AI systems shall be resilient as regardsadequately protected against attempts by unauthorised third parties to alter their use or performance by exploiting the system vulnerabilities.
2022/06/13
Committee: IMCOLIBE
Amendment 1869 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
The technical solutionand orgaisational measures aimed at ensuring the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
2022/06/13
Committee: IMCOLIBE
Amendment 1871 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
The technical solutionand orgaisational measures to address AI specific vulnerabilities shall include at least, where appropriate, measures to prevent and control for attacks trying to manipulate the training dataset (‘data poisoning’), inputs designed to cause the model to make a mistake (‘adversarial examples’), or model flaws.
2022/06/13
Committee: IMCOLIBE
Amendment 1872 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4 a. High risk AI shall be accompanied by security solutions and patches for the lifetime of the product it is embedded in, or in case of the absence of dependence on a specific product, for a time that needs to be stated by the manufacturer and cannot be less then 10 years.
2022/06/13
Committee: IMCOLIBE
Amendment 1874 #

2021/0106(COD)

Proposal for a regulation
Title III – Chapter 3 – title
3 OBLIGATIONS OF PROVIDERS AND USDEPLOYERS OF HIGH-RISK AI SYSTEMS and other parties
2022/06/13
Committee: IMCOLIBE
Amendment 1875 #

2021/0106(COD)

Proposal for a regulation
Article 16 – title
Obligations of providers and deployers of high-risk AI systems
2022/06/13
Committee: IMCOLIBE
Amendment 1877 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Providers and, where applicable, deployers of high-risk AI systems shall:
2022/06/13
Committee: IMCOLIBE
Amendment 1885 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point a a (new)
(a a) include name and contact information;
2022/06/13
Committee: IMCOLIBE
Amendment 1889 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems for a period of at least two years, or as long as is appropriate in the light of the intended purpose of high-risk AI system and applicable legal obligations under Union or national law;
2022/06/13
Committee: IMCOLIBE
Amendment 1895 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant third party conformity assessment procedure, prior to its placing on the market or putting into service;
2022/06/13
Committee: IMCOLIBE
Amendment 1912 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Providers and, where applicable, deployers of high-risk AI systems shall put a quality management system in place that ensures compliance with this Regulation. That system shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions, and shall include at least the following aspects:
2022/06/13
Committee: IMCOLIBE
Amendment 1923 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e
(e) technical specifications, including standards, to be applied and, where the relevant harmonised standards are not applied in full, or do not cover all of the relevant requirements, the means to be used to ensure that the high-risk AI system complies with the requirements set out in Chapter 2 of this Title;
2022/06/13
Committee: IMCOLIBE
Amendment 1925 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point f
(f) systems and procedures for data management, including data acquisition, data collection, data analysis, data labelling, data storage, data filtration, data mining, data aggregation, data retention and any other operation regarding the data that is performed before and for the purposes of the placing on the market or, putting into service, and deployment of high-risk AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 1939 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. The implementation of aspects referred to in paragraph 1 shall be proportionate to the size of the provider’s organisation.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1942 #

2021/0106(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. For providers that are credit institutions regulated by Directive 2013/36/ EU, the obligation to put a quality management system in place shall be deemed to be fulfilled by complying with the rules on internal governance arrangements, processes and mechanisms pursuant to Article 74 of that Directive. In that context, any harmonised standards referred to in Article 40 of thiThis Article applies without prejudice to the obligations for providers that are credit institutions Rregulation shall be taken into accounted by Directive 2013/36/ EU.
2022/06/13
Committee: IMCOLIBE
Amendment 1948 #

2021/0106(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. Providers of high-risk AI systems shall draw up the technical documen-tation referred to in Article 11 in accordance with Annex IV and make it available at the request of a national competent authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1957 #

2021/0106(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the usdeployer or otherwise by law. The logs shall be kept for a period that is appropriate in the light of the intended purpose of high- risk AI system and applicable legal obligations under Union or national law.
2022/06/13
Committee: IMCOLIBE
Amendment 1960 #

2021/0106(COD)

Proposal for a regulation
Article 21 – paragraph 1
Providers of high-risk AI systems which consider or have reason to consider that a high-risk AI system which they have placed on the market or put into service is not in conformity with this Regulation shall immediately inform the competent authorities and take the necessary corrective actions to bring that system into conformity, to withdraw it, to disable it, or to recall it, as appropriate. They shall inform the distributors and deployers of the high-risk AI system in question and, where applicable, the authorised representative and importers accordingly.
2022/06/13
Committee: IMCOLIBE
Amendment 1966 #

2021/0106(COD)

Proposal for a regulation
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system becomes aware of that risk, that provider shall immediately inform the national competent authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 1972 #

2021/0106(COD)

Proposal for a regulation
Article 23 – paragraph 1
Providers of high-risk AI systems shall, upon request by a national competent authority, provide that authority 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1988 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point b
(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;
2022/06/13
Committee: IMCOLIBE
Amendment 2002 #

2021/0106(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, and the address at which they can be contacted on the high-risk AI system or, where that is not possibleand, on its packaging or its accompanying documentation, aswhere applicable.
2022/06/13
Committee: IMCOLIBE
Amendment 2005 #

2021/0106(COD)

Proposal for a regulation
Article 26 – paragraph 5
5. Importers shall provide national competent authorities, upon a reasoned request, with all necessary information and documentation to demonstrate the conformity of a high-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 authority, including access to the logs automatically generated by the high-risk AI system to the extent such logs are under the control of the provider by virtue of a contractual arrangement with the user or otherwise by law. They shall also cooperate with those authorities on any action national competent authority takes in relation to that system.
2022/06/13
Committee: IMCOLIBE
Amendment 2013 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the competent authorities and the provider or the importer of the system, as applicable, to that effect.
2022/06/13
Committee: IMCOLIBE
Amendment 2017 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 2021 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 5
5. Upon a reasoned request from a national competent authority, distributors of high-risk AI systems shall provide that authority with all the information and documentation necessary to demonstrate the conformity of a high-risk system with the requirements set out in Chapter 2 of this Title. Distributors shall also cooperate with that national competent authority on any action taken by that authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2025 #

2021/0106(COD)

Proposal for a regulation
Article 28 – title
Obligations of distributors, importers, usdeployers or any other third-party
2022/06/13
Committee: IMCOLIBE
Amendment 2027 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Any distributor, importer, usdeployer or other third-party shall be considered a provider for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:
2022/06/13
Committee: IMCOLIBE
Amendment 2030 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point b a (new)
(b a) they deploy a high-risk system for a purpose other than the intended purpose;
2022/06/13
Committee: IMCOLIBE
Amendment 2032 #

2021/0106(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
(c a) they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put into service, in a way which makes the modified system a high-risk AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 2035 #

2021/0106(COD)

Proposal for a regulation
Article 29 – title
29 Obligations of usdeployers of high- risk AI systems (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/06/13
Committee: IMCOLIBE
Amendment 2038 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. UsDeployers of high-risk AI systems shall usetake appropriate technical and organisational measures and ensure that the use of such systems is in accordance with the instructions of use accompanying the systems and enables human oversight and decision-making, pursuant to paragraphs 2 and 5.
2022/06/13
Committee: IMCOLIBE
Amendment 2043 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1 a (new)
1 a. Deployers shall identify the categories of natural persons and groups likely to be affected by the system before putting it into use.
2022/06/13
Committee: IMCOLIBE
Amendment 2045 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1 b (new)
1 b. Human oversight following paragraph 1 shall be carried out by natural persons having the necessary competences, training, authority and independence.
2022/06/13
Committee: IMCOLIBE
Amendment 2047 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. The obligations in paragraph 1 are without prejudice to other usdeployer obligations under Union or national law and to the usshall take due account of the deployer's discretion in organising its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider.
2022/06/13
Committee: IMCOLIBE
Amendment 2089 #

2021/0106(COD)

Proposal for a regulation
Article 30 – paragraph 7
7. Notifying authorities shall have a sufficient number of competent personnel at their disposal for the proper performance of their tasks. Where applicable, competent personnel shall have necessary expertise in supervision of fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 2103 #

2021/0106(COD)

Proposal for a regulation
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. Notified bodies and their employees should not have provided any service to the provider of a high-risk system for 12 months before the assessment. They should also commit not to work for the provider of a high-risk system assessed or a professional organisation or business association of which the provider of a high-risk system is a member for 12 months after their position in the auditing organisation has ended.
2022/06/13
Committee: IMCOLIBE
Amendment 2111 #

2021/0106(COD)

Proposal for a regulation
Article 37 – paragraph 1
1. The Commission shall, where necessary, investigate all cases where there are reasons to doubt whether a notified body complies with the requirements laid down in Article 33.
2022/06/13
Committee: IMCOLIBE
Amendment 2113 #

2021/0106(COD)

Proposal for a regulation
Article 37 – paragraph 4
4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements laid down in Article 33, it shall adopt a reasoned decision requesting the notifying Member State to take the necessary corrective measures, including withdrawal of notification if necessaryapplicable. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 74(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2136 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety, accessibility, or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2152 #

2021/0106(COD)

Proposal for a regulation
Article 42 – paragraph 1
1. Taking into account their intended purpose, high-risk AI systems that have been trained and tested on data concerning the specific geographical, behavioural and functional setting within which they are intended to be used or are reasonably foreseeable to be used shall be presumed to be in compliance with the requirement set out in Article 10(4).
2022/06/13
Committee: IMCOLIBE
Amendment 2156 #

2021/0106(COD)

Proposal for a regulation
Article 43 – title
CThird party conformity assessment
2022/06/13
Committee: IMCOLIBE
Amendment 2160 #

2021/0106(COD)

Proposal for a regulation
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 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:Annex III the provider shall have a conformity assessment carried out by an independent third-party, following the conformity assessment procedure set out in Annex VII.
2022/06/13
Committee: IMCOLIBE
Amendment 2165 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point a
(a) the conformity assessment procedure based on internal control referred to in Annex VI;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2169 #

2021/0106(COD)

(b) 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.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2172 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1
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 or has applied only in part harmonised standards referred to in Article 40, or where such harmonised standards do not exist and common specifications referred to in Article 41 are not available, the provider shall follow the conformity assessment procedure set out in Annex VII.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2177 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 2
For the purpose of carrying out the conformity assessment procedure referred to in Annex VII, the provider may choose any of the notified bodies. However, when the system is intended to be put into service by law enforcement, immigration or asylum authorities as well as EU institutions, bodies or agencies, the market surveillance authority referred to in Article 63(5) or (6), as applicable, shall act as a notified body.
2022/06/13
Committee: IMCOLIBE
Amendment 2181 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2186 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 2
Where the legal acts listed in Annex II, section A, enable the manufacturer of the product to opt out from a third-party conformity assessment, provided that that manufacturer has applied all harmonised standards covering all the relevant requirements, that manufacturer may make use of that option only if he has also applied harmonised standards or, where applicable, common specifications referred to in Article 41, covering the requirements set out in Chapter 2 of this Title.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2192 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems shall undergo a new third party conformity assessment procedure whenever they are substantially modified, regardless of whether the modified system is intended to be further distributed or continues to be used by the current usdeployer.
2022/06/13
Committee: IMCOLIBE
Amendment 2204 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. The Commission is empowered to adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2210 #

2021/0106(COD)

Proposal for a regulation
Article 44 – paragraph 3
3. Where a notified body finds that an AI system no longer meets the requirements set out in Chapter 2 of this Title, it shall, taking account of the principle of proportionality, suspend or withdraw the certificate issued or impose any restrictions on it, unless compliance with those requirements is ensured by appropriate corrective action taken by the provider of the system within an appropriate deadline set by the notified body. The notified body shall give reasons for its decision.
2022/06/13
Committee: IMCOLIBE
Amendment 2213 #

2021/0106(COD)

Proposal for a regulation
Article 46 – paragraph 3
3. Each notified body shall provide the other notified bodies carrying out similar conformity assessment activities covering the same artificial intelligence technologiesystems with relevant information on issues relating to negative and, on request, positive conformity assessment results.
2022/06/13
Committee: IMCOLIBE
Amendment 2216 #

2021/0106(COD)

Proposal for a regulation
Article 47 – paragraph 1
1. By way of derogation from Article 43, any market surveillance authority may request a judicial authority to authorise the placing on the market or putting into service of specific high-risk AI systems within the territory of the Member State concerned, for exceptional reasons of public security or the protection of life and health of persons, environmental protection and the protection of key industrial and infrastructural assets. That authorisation shall be for a limited period of time, while the necessary conformity assessment procedures are being carried out, and shall terminate once those procedures have been completed. The completion of those procedures shall be undertaken without undue delay.
2022/06/13
Committee: IMCOLIBE
Amendment 2218 #

2021/0106(COD)

Proposal for a regulation
Article 47 – paragraph 2
2. The authorisation referred to in paragraph 1 shall be issued only if the market surveillance authority and judicial authority concludes that the high-risk AI system complies with the requirements of Chapter 2 of this Title. The market surveillance authority shall inform the Commission and the other Member States of any request made and any subsequent authorisation issued pursuant to paragraph 1.
2022/06/13
Committee: IMCOLIBE
Amendment 2219 #

2021/0106(COD)

Proposal for a regulation
Article 47 – paragraph 3
3. Where, within 15 calendar days of receipt of the information referred to in paragraph 2, no objection has been raised by either a Member State or the Commission in respect ofto the request of the maret surveillance authority for an authorisation issued by a market surveillance authority of a Member State in accordance with paragraph 1, that authorisationrequest shall be deemed justified.
2022/06/13
Committee: IMCOLIBE
Amendment 2221 #

2021/0106(COD)

Proposal for a regulation
Article 47 – paragraph 4
4. Where, within 15 calendar days of receipt of the notification referred to in paragraph 2, objections are raised by a Member State against an authorisation request issued by a market surveillance authority of another Member State, or where the Commission considers the authorisationrequest to be contrary to Union law or the conclusion of the Member States regarding the compliance of the system as referred to in paragraph 2 to be unfounded, the Commission shall without delay enter into consultation with the relevant Member State; the operator(s) concerned shall be consulted and have the possibility to present their views. In view thereof, the Commission shall decide whether the authorisationrequest is justified or not. The Commission shall address its decision to the Member State concerned and the relevant operator or operators.
2022/06/13
Committee: IMCOLIBE
Amendment 2222 #

2021/0106(COD)

Proposal for a regulation
Article 47 – paragraph 5
5. If the authorisationrequest is considered unjustified, this shall be withdrawn by the market surveillance authority of the Member State concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2223 #

2021/0106(COD)

Proposal for a regulation
Article 48 – paragraph 1
1. The provider shall draw up a writtennotifying authority after third party conformity assessment shall draw up a written physical and machine-readable electronic EU declaration of conformity for each AI system and keep it at the disposal of the national competent authorities for 105 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 upon request.
2022/06/13
Committee: IMCOLIBE
Amendment 2227 #

2021/0106(COD)

Proposal for a regulation
Article 48 – paragraph 4
4. By drawing upAfter receiving the EU declaration of conformity, the provider shall assume responsibility for continuous compliance with the requirements set out in Chapter 2 of this Title. The provider shall keep the EU declaration of conformity up-to-date as appropriat throughout the entire lifecycle.
2022/06/13
Committee: IMCOLIBE
Amendment 2240 #

2021/0106(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 10 5 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
2022/06/13
Committee: IMCOLIBE
Amendment 2247 #

2021/0106(COD)

Proposal for a regulation
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2253 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1 a (new)
Before each deployment of, or substantial modification to, a high-risk AI system referred to in Article 6, the deployer or, where applicable, the authorised representative shall register that system in the EU database referred to in Article 60.
2022/06/13
Committee: IMCOLIBE
Amendment 2257 #

2021/0106(COD)

Proposal for a regulation
Article 51 – paragraph 1 b (new)
In case the provider or deployer is a public authority they shall register both high-risk AI systems and all other AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2259 #

2021/0106(COD)

Proposal for a regulation
Title IV
TRANSPARENCY OBLIGATIONS FOR CERTAIN AI SYSTEMS
2022/06/13
Committee: IMCOLIBE
Amendment 2260 #

2021/0106(COD)

Proposal for a regulation
Article 52 – title
Transparency obligations for certain AI systems
2022/06/13
Committee: IMCOLIBE
Amendment 2264 #

2021/0106(COD)

Proposal for a regulation
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 without delay 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, unlessshall also include information on which components and functions are supported through AI, information which main parameters the AI system takes into account, and information on human oversight and which person is responsible for decisions made or influenced by those systems are available for the public to report a criminal offences well as information on rectification, redress rights and options.
2022/06/13
Committee: IMCOLIBE
Amendment 2266 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. UsDeployers of an remotione biometric recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detectshall also include information on which components and functions are supported through AI, information which main parameters the AI system takes into account, and information on human oversight and which person is responsible for decisions made or influenced by the system as well as information on rectification, prevent and investigate criminal offencedress rights and options.
2022/06/13
Committee: IMCOLIBE
Amendment 2272 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – introductory part
3. UsDeployers of an AI system other than those in paragraphs 1 or 2, that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose that the content has been artificially generated or manipulated.
2022/06/13
Committee: IMCOLIBE
Amendment 2273 #

2021/0106(COD)

However, the first subparagraph shall not apply where the use is authorised by law to detect, prevent, investigate and prosecute criminal offences or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2280 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 a (new)
3 a. The obligations in paragraphs 1, 2 and 3 shall be without prejudice to Union law on delaying information of subjects in ongoing criminal investigations, and be without prejudice to the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
2022/06/13
Committee: IMCOLIBE
Amendment 2282 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 4
4. PThe information in paragraphs 1, 2 and 3 shall be provided in an accessible, easy to understand, yet comprehensive manner, at least in one of the languages of the Member State in which the system was made available, and shall not affect the requirements and obligations set out in Title III of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2285 #

2021/0106(COD)

Proposal for a regulation
Article 52 a (new)
Article 52 a Limitations for deep fakes of persons Notwithstanding Article 52 and subject to appropriate safeguards for the rights and freedoms of third parties, the use of AI systems that generate or manipulate image, audio or video content that appreciably resembles existing persons and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall be permitted only (a) when used for the exercise of the rights to freedom of expression and to artistic expression, or (b) with the explicit consent of the affected persons.
2022/06/13
Committee: IMCOLIBE
Amendment 2289 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisor shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. TFollowing a fundamental rights impact assessment, as laid out in Article 9a, this shall take place under the direct supervision and guidance by the competent authorities with a view to identifying risks in particular to the environment, health and safety, and fundamental rights, ensuring compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox. Access to the regulatory sandboxes shall require providers to apply for participation. Supervising authorities shall inform applicants of their decision within 3 months of the application, or, in justified cases, of an extension of this deadline by at most another 3 months. The supervising authority shall inform the European Artificial Intelligence Board of the provision of regulatory sandboxes.
2022/06/13
Committee: IMCOLIBE
Amendment 2308 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 2
2. Member States 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 authorities are associated to the operation of the AI regulatory sandbox and involved in the control of those aspects of the sandbox it supervises to the full extent of its respective powers.
2022/06/13
Committee: IMCOLIBE
Amendment 2313 #

2021/0106(COD)

Proposal for a regulation
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 democracy, the environment, health and safety and fundamental rights identified during the development and testing of such systems shall result in immediate mitigation and, failing that, in the suspension of the development and testing process until such mitigation takes place, or, where mitigating measures cannot be identified that stop and remedy such significant risk or harm, Member States shall ensure that the competent authorities have the power to permanently suspend the development and testing process. In the case of abuse, competent authorities shall have the power to ban providers from applying for and participating in the regulatory sandbox for a limited amount of time or indefinitely. Decisions to suspend or ban providers from participating in regulatory sandboxes shall be submitted without delay to the European Artificial Intelligence Board. Applicants shall have access to remedies.
2022/06/13
Committee: IMCOLIBE
Amendment 2327 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5
5. Member States’ competent authorities that have established 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 from the implementation of those schemes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application and possible revision of this Regulation and other Union legislation supervised within the sandbox, in particular with regards to easing burdens and introducing further regulation where additional risks and potential harms are identified.
2022/06/13
Committee: IMCOLIBE
Amendment 2335 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6
6. The modalities and the conditions of the operation of the AI regulatory sandboxes, including the eligibility criteria and the procedure for the application, selection, participation and exiting from the sandbox, and the rights and obligations of the participants shall be set out in implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2)by the European Artificial Intelligence Board in close cooperation with the Member States’ and competent authorities. A list of planned and current sandboxes, including the modalities, conditions, eligibility criteria and application, selection, participation procedure shall be made publicly available by the European Artificial intelligence Board.
2022/06/13
Committee: IMCOLIBE
Amendment 2346 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – introductory part
1. In the AI regulatory sandbox personal data and data protected by intellectual property rights or trade secrets lawfully collected for other purposes shall be processed solely for the purposes of developing and testing certain innovative AI systems in the sandbox under the following conditions:
2022/06/13
Committee: IMCOLIBE
Amendment 2349 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point a – introductory part
(a) the innovative AI systems shall be developed for safeguarding substantial public interest in one or more of the following areas:
2022/06/13
Committee: IMCOLIBE
Amendment 2351 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point a – point i
(i) 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, under the control and responsibility of the competent authorities. The processing shall be based on Member State or Union law;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2353 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point a – point iii
(iii) a high level of protection and improvement of the quality of the environment, and to counter and remedy the climate crisis;
2022/06/13
Committee: IMCOLIBE
Amendment 2356 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point c
(c) there are effective monitoring mechanisms to identify if any high risks to the fundamental rights of the data subjects and holders of intellectual property rights or trade secrets may arise during the sandbox experimentation as well as response mechanism to promptly mitigate those risks and, where necessary, stop the processing;
2022/06/13
Committee: IMCOLIBE
Amendment 2357 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point d
(d) any personal data or data protected by intellectual property rights or trade secrets to be processed in the context of the sandbox are in a functionally separate, isolated and protected data processing environment under the control of the participants and only authorised persons have access to thatose data;
2022/06/13
Committee: IMCOLIBE
Amendment 2359 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point e
(e) any personal data or data protected by intellectual property rights or trade secrets processed are not be transmitted, transferred or otherwise accessed by other parties;
2022/06/13
Committee: IMCOLIBE
Amendment 2362 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point g
(g) any personal data or data protected by intellectual property rights or trade secrets processed in the context of the sandbox are deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period;
2022/06/13
Committee: IMCOLIBE
Amendment 2364 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point h
(h) the logs of the processing of personal data or data protected by intellectual property rights or trade secrets in the context of the sandbox are kept for the duration of the participation in the sandbox and 1 year after its termination, solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under this Article or other applicationble Union or Member States legislation;
2022/06/13
Committee: IMCOLIBE
Amendment 2366 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 1 – point j
(j) a short summary of the AI projectsystem developed in the sandbox, its objectives and expected results published on the website of the competent authorities.
2022/06/13
Committee: IMCOLIBE
Amendment 2368 #

2021/0106(COD)

Proposal for a regulation
Article 54 – paragraph 2
2. Paragraph 1 further specifies Article 89 of Regulation (EU) 2016/679 and is without prejudice to Union or Member States legislation excluding processing for other purposes than those explicitly mentioned in that legislation or to Union or Member States legislation excluding the use of data protected by intellectual property or trade secrets under the conditions covered by Paragraph 1.
2022/06/13
Committee: IMCOLIBE
Amendment 2371 #

2021/0106(COD)

Proposal for a regulation
Article 55 – title
Measures for small-scale providers and usersdeployers (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/06/13
Committee: IMCOLIBE
Amendment 2415 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – point c a (new)
(c a) propose amendments to Annexes I and III to the Commission.
2022/06/13
Committee: IMCOLIBE
Amendment 2430 #

2021/0106(COD)

Proposal for a regulation
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. Other national authorit, the Chair of the European Data Protection Board, the Director of the Fundamental Rights Agency, the Executive Director of the European Union Agency for Cybersecurity or their respective representatives. Other national authorities or Union agencies and bodies may be invited to the meetings, where the issues discussed are of relevance for them.
2022/06/13
Committee: IMCOLIBE
Amendment 2445 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 2
2. The Board shall adopt its rules of procedure by a simple majority of its members, following the consent of the Commissiontwo-thirds majority and shall take decisions by a simple majority of its members. 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 questions.
2022/06/13
Committee: IMCOLIBE
Amendment 2456 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 3
3. The Board shall be chaired by the Commission. The Commissionelect a chair and two deputy chairs from among its members. Their term of office shall be five years and be renewable once. . The Chair shall convene the meetings and prepare the agenda in accordance with 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2463 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end the Commission mayhair shall facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups. The Board shall ensure a balanced representation of stakeholders from academia, research, industry and civil society when it invites external experts and observers, and actively stimulate participation from underrepresented categories.
2022/06/13
Committee: IMCOLIBE
Amendment 2470 #

2021/0106(COD)

Proposal for a regulation
Article 57 a (new)
Article 57 a Secretariat 1. The Board shall have a secretariat, which shall be provided by the European Data Protection Supervisor. 2. The secretariat shall perform its tasks exclusively under the instructions of the Chair of the Board. 3. The staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation shall be subject to separate reporting lines from the staff involved in carrying out tasks conferred on the European Data Protection Supervisor. 4. Where appropriate, the Board and the European Data Protection Supervisor shall establish and publish a Memorandum of Understanding implementing this Article, determining the terms of their cooperation, and applicable to the staff of the European Data Protection Supervisor involved in carrying out the tasks conferred on the Board by this Regulation. 5. The secretariat shall provide analytical, administrative and logistical support to the Board. 6. The secretariat shall be responsible in particular for: (a) the day-to-day business of the Board; (b) communication between the members of the Board, its Chair and the Commission; (c) communication with other institutions and the public; (d) the use of electronic means for the internal and external communication; (e) the translation of relevant information; (f) the preparation and follow-up of the meetings of the Board; (g) the preparation, drafting and publication of opinions, guidelines, and other texts to be adopted by the Board. 7. For the exercise of point (g) of paragraph 6, the secretariat shall, under the guidance of the Chair and the deputy Chairs, establish a European Centre of Excellence for Artificial Intelligence (ECE-AI, “the Centre”). The Centre shall be provided with sufficient resources and facilities to attract the highest level of expertise on artificial intelligence from technical and humanities sciences. In particular it 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, fundamental rights, health and safety risks and environmental risks, and knowledge of existing standards and legal requirements, including competition law.
2022/06/13
Committee: IMCOLIBE
Amendment 2478 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph -1 (new)
-1 The Board shall ensure the consistent application of this Regulation and shall the competent supervisory authority to enforce this Regulation where one of the following criteria is met: (a) The aggregate worldwide turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 2 500 million; (b) in each of at least three Member States, the aggregate turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 100 million; (c) in each of at least three Member States included for the purpose of point (b), the aggregate turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 25 million;and (d) the aggregate Union-wide turnover of an undertaking or the undertaking to which another undertaking belongs is more than EUR 100 million, unless each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same Member State.
2022/06/13
Committee: IMCOLIBE
Amendment 2479 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph -1 a (new)
-1 a In order to ensure consistent application of this Regulation, the Board shall, on its own initiative or, where relevant, at the request of the Commission, in particular: (a) monitor and ensure the correct application of Title III of this Regulation without prejudice to the tasks of national supervisory authorities; (b) advise the Commission on any issue related to the development and use of artificial intelligence in the in the Union, including on any proposed amendment of this Regulation; (c) issue guidelines, recommendations, and best practices on procedures, information and documentation as referred to in Titles III and VIII; (d) examine, on its own initiative, on request of one of its members or on request of the Commission, any question covering the application of this Regulation and issue guidelines, recommendations and best practices in order to encourage consistent application of this Regulation; (e) draw up guidelines for supervisory authorities concerning the application of this Regulation; (f) draw up guidelines for supervisory authorities concerning the setting of administrative fines pursuant to Article 72; (g) review the practical application of the guidelines, recommendations and best practices referred to in points (e) and (f); (h) encourage the drawing-up of codes of conduct pursuant to Article 69; (i) issue opinions on codes of conduct drawn up at Union level pursuant to Article 69(3a); (j) issue decisions pursuant to Articles 66 and 67; (k) promote the cooperation and the effective bilateral and multilateral exchange of information and best practices between the supervisory authorities; (l) promote common training programmes and facilitate personnel exchanges between the supervisory authorities and, where appropriate, with the supervisory authorities of third countries or with international organisations; (m) promote the exchange of knowledge and documentation on relevant legislation and practice with supervisory authorities whose scope includes artificial intelligence worldwide; (n) maintain a publicly accessible electronic register of decisions taken by supervisory authorities and courts on issues handled pursuant to Chapter 3 of Title VIII.
2022/06/13
Committee: IMCOLIBE
Amendment 2480 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph -1 b (new)
-1 b Where the Commission requests advice from the Board, it may indicate a time limit, taking into account the urgency of the matter.
2022/06/13
Committee: IMCOLIBE
Amendment 2481 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph -1 c (new)
-1 c The Board shall forward its opinions, guidelines, recommendations, and best practices to the Commission and to the committee referred to in Article 73 and make them public.
2022/06/13
Committee: IMCOLIBE
Amendment 2482 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph -1 d (new)
-1 d The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
2022/06/13
Committee: IMCOLIBE
Amendment 2483 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph -1 e (new)
-1 e When providing advice and assistance to the Commission in the context of Article 56(2), the Board shall in particular: (a) collect and share expertise and best practices among Member States; (b) contribute to uniform administrative practices in the Member States, including for the functioning of regulatory sandboxes referred to in Article 53; (c) issue opinions, recommendations or written contributions on matters related to the implementation of this Regulation, in particular on (i) technical specifications or existing standards regarding the requirements set out in Title III, Chapter 2, (ii) the use of harmonised standards or common specifications referred to in Articles 40 and 41, (iii) the preparation of guidance documents, including the guidelines concerning the setting of administrative fines referred to in Article 71, (iii a) amendments to the Annexes I and III.
2022/06/13
Committee: IMCOLIBE
Amendment 2487 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – introductory part
1. When providing advice and assistance to the Commission in the context of Article 56(2), the Board shall in particular:
2022/06/13
Committee: IMCOLIBE
Amendment 2554 #

2021/0106(COD)

Proposal for a regulation
Article 58 a (new)
Article 58 a Independence of the Board 1. The Board shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 2. The members of the Board shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. 3. The members of the Board shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not.
2022/06/13
Committee: IMCOLIBE
Amendment 2560 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 1
1. National competent authorities shall be established or designated by each Member State for the purpose of ensuring the application and, implementation and enforcement of this Regulation. National competent authorities shall be organised so as to safeguard the objectivity and impartiality of their activities and tasks.
2022/06/13
Committee: IMCOLIBE
Amendment 2564 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 2
2. 2. Each Member State shall designate athe national data protection authority as tthe national supervisory authority among the national competent authorities. The national supervisory authority shall act as notifying authority and market surveillance authority unless a Member State has organisational and administrative reasons to designate more than one authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2571 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial and human and technical resources to fulfil their tasks effectively 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, fundamental rights, competition law, health and safety risks and knowledge of existing standards and other legal requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 2577 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 5
5. Member States shall report to the Commission on an annual basis on the status of the financial and human resources of the national competent authorities with an qualified assessment of their adequacy. The Commission shall transmit that information to the Board for discussion and possible recommendations and formally accept or reject the assessments. Where an assessment is rejected, a new assessment shall be requested.
2022/06/13
Committee: IMCOLIBE
Amendment 2586 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 6
6. The CommissionBoard shall facilitate the exchange of experience between national competent authorities.
2022/06/13
Committee: IMCOLIBE
Amendment 2590 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authoritiesThe Board may provide guidance and advice on the implementation of this Regulation, including to small-scale providers. Whenever national competent authoritiesthe Board intends to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2598 #

2021/0106(COD)

Proposal for a regulation
Article 59 a (new)
Article 59 a Independence 1. Each supervisory authority shall act with complete independence in performing its tasks and exercising its powers in accordance with this Regulation. 2. The member or members of each supervisory authority shall, in the performance of their tasks and exercise of their powers in accordance with this Regulation, remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody. 3. The member or members of each supervisory authority shall refrain from any action incompatible with their duties and shall not, during their term of office, engage in any incompatible occupation, whether gainful or not. 4. Each Member State shall ensure that each supervisory authority chooses and has its own staff which shall be subject to the exclusive direction of the member or members of the supervisory authority concerned. 5. Each Member State shall ensure that each supervisory authority is subject to financial control which does not affect its independence and that it has separate, public annual budgets, which may be part of the overall state or national budget.
2022/06/13
Committee: IMCOLIBE
Amendment 2599 #

2021/0106(COD)

Proposal for a regulation
Article 59 b (new)
Article 59 b Powers 1. Each supervisory authority shall have all of the following investigative powers: (a) to order the provider or deployer of an AI system, and, where applicable, their representative, to provide any information it requires for the performance of its tasks; (b) to carry out investigations of providers or deployers of AI systems in the form of (i) audits; (ii) reviews of fundamental rights impact assessments; (iii) reviews of certifications of conformity; (iv) any other investigation to assess compliance with this Regulation; (c) to carry out a review on certifications issued pursuant to Article 44; (d) to notify the provider or deployer of an AI system of an alleged infringement of this Regulation; (e) to obtain, from the provider or deployer of an AI system, access to all data and to all information necessary for the performance of its tasks; (f) to obtain access to any premises of the provider or deployer of an AI system, including to any data processing equipment and means, in accordance with Union or Member State procedural law. 2. Each supervisory authority shall have all of the following corrective powers: (a) to issue warnings to a provider or deployer of an AI system that the use or reasonably foreseeable misuse of that system is likely to infringe provisions of this Regulation; (b) to issue reprimands to a provider or deployer of an AI system where they have infringed provisions of this Regulation; (c) to order the provider or deployer of an AI system to comply with a subject's request to exercise his or her rights pursuant to this Regulation; (d) to order the provider or deployer of an AI system to bring operations into compliance with the provisions of this Regulation, where appropriate, in a specified manner and within a specified period; (e) to order the controller to communicate an infringement of this Regulation to the affected subject; (f) to impose a temporary or definitive limitation including a ban of the operation of an AI system; (g) to order the erasure of all data and of the related logic underlying automated processing, which had been generated as part of the development, training, or operation of an AI system that was subsequently found in breach of this Regulation; (h) to withdraw a certification or to order the certification body to withdraw a certification issued pursuant to Articles 44, or to order the certification body not to issue certification if the requirements for the certification are not or are no longer met; (i) to impose an administrative fine pursuant to Article 71, in addition to, or instead of measures referred to in this paragraph, depending on the circumstances of each individual case; (j) to order the suspension of the placing on the market of an AI system or of its export to a third country or to an international organisation. 3. The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and Member State law in accordance with the Charter. 4. Each Member State shall provide by law that its supervisory authority shall have the power to bring infringements of this Regulation to the attention of the judicial authorities and where appropriate, to commence or engage otherwise in legal proceedings, in order to enforce the provisions of this Regulation. 5. Each Member State may provide by law that its supervisory authority shall have additional powers to those referred to in paragraphs 1, 2 and 3. The exercise of those powers shall not impair the effective operation of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2607 #

2021/0106(COD)

Proposal for a regulation
Title VII
EU DATABASE FOR STAND-ALONE HIGH-RISK AI SYSTEMS
2022/06/13
Committee: IMCOLIBE
Amendment 2611 #

2021/0106(COD)

Proposal for a regulation
Article 60 – title
EU database for stand-alone high-risk AI systems
2022/06/13
Committee: IMCOLIBE
Amendment 2618 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a public EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2) which are registered in accordance with Article 51.
2022/06/13
Committee: IMCOLIBE
Amendment 2621 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 2
2. The data listed in Annex VIII shall be entered into the EU database by the providers, and, where relevant, deployers. The Commission shall provide them with technical and administrative support.
2022/06/13
Committee: IMCOLIBE
Amendment 2623 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 3
3. Information contained in the EU database shall be freely available and accessible to the public, comply with the accessibility requirements of Annex I to Directive 2019/882, and be user-friendly, navigable, and machine-readable, containing structured digital data based on a standardised protocol.
2022/06/13
Committee: IMCOLIBE
Amendment 2634 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 5
5. The Commission shall be the controller of the EU database. It shall also ensure to providers and, where relevant, deployers, adequate technical and administrative support.
2022/06/13
Committee: IMCOLIBE
Amendment 2642 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 2
2. The post-market monitoring system shall actively and systematically collect, document and analyse relevant data provided by usdeployers 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 shall include continuous analysis of the AI environment, including other devices, software, and other AI systems that interact with the AI system.
2022/06/13
Committee: IMCOLIBE
Amendment 2656 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – introductory part
1. Providers of high-riskand deployers of 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 protector of fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
2022/06/13
Committee: IMCOLIBE
Amendment 2658 #

2021/0106(COD)

Proposal for a regulation
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 link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
2022/06/13
Committee: IMCOLIBE
Amendment 2666 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 2
2. Upon receiving a notification related to a breach of obligations under Union law intended to protector of fundamental rights, the market surveillance authority shall inform the national public authorities or bodies referred to in Article 64(3). The Commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1. That guidance shall be issued 123 months after the entry into force of this Regulation, at the latest.
2022/06/13
Committee: IMCOLIBE
Amendment 2671 #

2021/0106(COD)

Proposal for a regulation
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 shall be limited to those that that constitute a breach of obligations under Union law intended to protector fundamental rights.
2022/06/13
Committee: IMCOLIBE
Amendment 2685 #

2021/0106(COD)

Proposal for a regulation
Article 64 – paragraph 1
1. Access to data and documentation iIn the context of their activities, the market surveillance authorities shall be granted full access to the comprehensive 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2695 #

2021/0106(COD)

Proposal for a regulation
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 system.
2022/06/13
Committee: IMCOLIBE
Amendment 2701 #

2021/0106(COD)

Proposal for a regulation
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 protector fundamental rights has occurred, the public authority or body referred to paragraph 3 may make a reasoned request to the market surveillance authority to organise testing of the high- risk AI system through technical means. The market surveillance authority shall organise the testing with the close involvement of the requesting public authority or body within reasonable time following the request.
2022/06/13
Committee: IMCOLIBE
Amendment 2741 #

2021/0106(COD)

Proposal for a regulation
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), objections are raised by a Member State against a measure taken by another Member State, or where the CommissionBoard considers the measure to be contrary to Union law, the CommissionBoard shall without delay enter into consultation with the relevant Member State and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the CommissionBoard shall decide whether the national measure is justified or not within 9 months from the notification referred to in Article 65(5) and notify such decision to the Member State concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2742 #

2021/0106(COD)

Proposal for a regulation
Article 66 – paragraph 2
2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant AI system is withdrawn from their market, and shall inform the CommissionBoard accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.
2022/06/13
Committee: IMCOLIBE
Amendment 2756 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 3
3. The Member State shall immediately inform the CommissionBoard and the other Member States. 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2760 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 4
4. The CommissionBoard shall without delay enter into consultation with the Member States and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the CommissionBoard shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2763 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 5
5. The CommissionBoard shall address its decision to the Member States.
2022/06/13
Committee: IMCOLIBE
Amendment 2764 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 5 a (new)
5 a. The Board shall adopt guidelines to help national competent authorities to identify and rectify, where necessary, similar problems arising in other AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2771 #

2021/0106(COD)

Proposal for a regulation
Article 68 a (new)
Article 68 a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, AI subjects and any natural or legal person affected by an AI system shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the subject considers that the use of a particular AI system, he or she is affected by, infringes this Regulation. Such a complaint may be lodged through a representative action for the protection of the collective interests of consumers as provided under Directive (EU) 2020/1828. 2. Complainants shall have a right to be heard in the complaint handling procedure and in the context of any investigations or deliberations conducted by the competent authority as a result of their complaint. 3. Supervisory authorities shall inform complainants or their representatives about the progress and outcome of their complaints. In particular, supervisory authorities shall take all the necessary actions to follow up on the complaints they receive and, within three months of the reception of a complaint, give the complainants a preliminary response indicating the measures they intend to take and the next steps in the procedure, if any. 4. The supervisory authority shall take a decision on the complaint, including the possibility of a judicial remedy pursuant to Article 68b, without delay and no later than six months after the date on which the complaint was lodged.
2022/06/13
Committee: IMCOLIBE
Amendment 2780 #

2021/0106(COD)

Proposal for a regulation
Article 68 b (new)
Article 68 b Right to an effective judicial remedy against an authority 1. Without prejudice to any other administrative or non-judicial remedy, individuals and their representatives shall have the right to an effective judicial remedy against any legally binding decision concerning them, whether by a market surveillance authority or a supervisory authority. 2. Without prejudice to any other administrative or non-judicial remedy, individuals shall have the right to a an effective judicial remedy where the authority which is competent does not handle a complaint, does not inform the individual on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 68a (3), does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 68a (3) or its obligations under Article 65. 3. Proceedings against a market surveillance authority shall be brought before the courts of the Member State where the authority is established.
2022/06/13
Committee: IMCOLIBE
Amendment 2782 #

2021/0106(COD)

Proposal for a regulation
Article 68 c (new)
Article 68 c Remedies 1. Without prejudice to any available administrative or non-judicial remedy and the right to lodge a complaint with a supervisory authority pursuant to Article 68a, any natural person shall have the right to an effective judicial remedy against a provider or deployer where they consider that their rights under this Regulation have been infringed or has been subject to an AI system otherwise in non-compliance with this Regulation. 2. Any person who has suffered material or non-material harm, as a result of an infringement of this Regulation shall have the right to receive compensation from the provider or deployer for the damage suffered. Individuals and their representatives shall be able to seek judicial and non-judicial remedies against providers or deployers of AI systems, including repair, replacement, price reduction, contract termination, reimbursement of the price paid or compensation for material and immaterial damages, for breaches of the rights and obligations set out in this Regulation. 3. Providers and deployers of AI systems which may affect individuals, including AI-subjects, or consumers must provide an effective complaint handling system which enables complaints to be lodged electronically and free of charge, and ensure that complaints submitted through this system are dealt with in an efficient and expedient manner. 4. Providers and deployers of AI systems shall ensure that their internal complaint- handling systems are easy to access, user- friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. 5. Where an AI system infringes this Regulation, any natural or legal person affected by said AI system may ask the supervisory authority or judicial authorities to stop the use of this system. 6. Member States shall ensure that where infringements of an AI system are imminent or likely, any affected natural or legal person may seek a prohibitory injunction under national law.
2022/06/13
Committee: IMCOLIBE
Amendment 2784 #

2021/0106(COD)

Proposal for a regulation
Article 68 d (new)
Article 68 d Representation of individuals 1. Without prejudice to Directive 2020/1828/EC, individuals shall have the right to mandate a body, organisation or association to exercise the rights referred to in Articles 68a, 68b and 68c and, where relevant, the rights of AI subjects, on their behalf, provided that the body, organisation or association meets all of the following conditions: a) It operates on a not-for-profit basis; b) It has been constituted in accordance of the law of a Member State; c) Its statutory objectives include a legitimate interest in ensuring that this Regulation is complied with. 2. Without prejudice to Directive 2020/1828/EC, the bodies, organisations or associations referred to in paragraph 1 shall have the right to exercise the rights established in Articles 68a, 68b and 68c independently of an individual’s mandate, if they consider that a provider or user of an AI system has infringed any of the rights or obligations set out in this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2801 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – point a
(a) intellectual property rights, and confidential business information or trade secrets of a natural or legal person, including source code, except the cases referred to in Article 5 of Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure apply.
2022/06/13
Committee: IMCOLIBE
Amendment 2808 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 2 – introductory part
2. Without prejudice to paragraph 1, information exchanged on a confidential basis between the national competent 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 usdeployer 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 andor national security interests.
2022/06/13
Committee: IMCOLIBE
Amendment 2816 #

2021/0106(COD)

Proposal for a regulation
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 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2851 #

2021/0106(COD)

Proposal for a regulation
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 20 000 000 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2857 #

2021/0106(COD)

Proposal for a regulation
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 10 000 000 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2860 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 5 a (new)
5 a. Where trade secrets, intellectual property rights or data protection rights have been infringed in the development of an AI system, competent authorities may order the definitive deletion of that system and all associated training data and outputs.
2022/06/13
Committee: IMCOLIBE
Amendment 2924 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 3 a (new)
3 a. Before adopting a delegated act, the Commission shall consult with the relevant institutions and stakeholders in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
2022/06/13
Committee: IMCOLIBE
Amendment 2927 #

2021/0106(COD)

Proposal for a regulation
Article 73 – paragraph 4
4. Once the Commission decides to draft a delegated act, it shall notify the European Parliament of this fact. This notification does not place an obligation on the Commission to adopt the said act. I As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2937 #

2021/0106(COD)

Proposal for a regulation
Article 81 a (new)
Article 81 a Amendment to Regulation (EU) 2019/1020 In Article 14.4 of Regulation (EU) 2019/1020 the following paragraph is added: “(l) The power to implement the powers provided for in this Article remotely, where applicable.”
2022/06/13
Committee: IMCOLIBE
Amendment 2948 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – introductory part
1. This Regulation shall not apply to the AI systems which are components of the large-scale IT systems established by the legal acts listed in Annex IX that have been placed on the market or put into service before [12 months afterstarting [ on the date of application of this Regulation referred to in Article 85(2)], unless the replacement or amendment of those legal acts leads toor as soon as there is a significant change in the design or intended purpose of the AI system or AI systems concerned. in which case it shall apply from [the date of application of this Regulation]
2022/06/13
Committee: IMCOLIBE
Amendment 2954 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
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.
2022/06/13
Committee: IMCOLIBE
Amendment 2959 #

2021/0106(COD)

Proposal for a regulation
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 beforefrom [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.
2022/06/13
Committee: IMCOLIBE
Amendment 2963 #

2021/0106(COD)

Proposal for a regulation
Article 83 a (new)
Article 83 a AI systems deployed in the context of employment Member States may, by law or by collective agreements, decide to prohibit or limit the use of certain AI systems in the employment context or provide for more specific rules for AI systems in employment, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, protection of employer's or customer's 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.
2022/06/13
Committee: IMCOLIBE
Amendment 2969 #

2021/0106(COD)

Proposal for a regulation
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, once a year following the entry into force of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2980 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 a (new)
3 a. Within [two years after the date of application of this Regulation referred to in Article 85(2)] and every two years thereafter, the Commission shall evaluate the impact and effectiveness of the Regulation with regards to the resource and energy use, waste production and other environmental impact of AI systems and evaluate the need for proposing legislation to regulate the resource and energy efficiency of AI systems and related ICT systems in order for the sector to contribute to EU climate strategy and targets.
2022/06/13
Committee: IMCOLIBE
Amendment 2987 #

2021/0106(COD)

Proposal for a regulation
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 other relevant bodies or sources, including from academia and civil society.
2022/06/13
Committee: IMCOLIBE
Amendment 2992 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 7
7. The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account the effect of AI systems on fundamental rights, equality, and accessibility for persons with disabilities, developments in technology and in the light of the state of progress in the information society.
2022/06/13
Committee: IMCOLIBE
Amendment 2995 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 7 a (new)
7 a. By three years from the date of application of this Regulation at the latest, the Commission shall carry out an assessment of the enforcement of this Regulation and shall report it to the European Parliament, the Council and the European Economic and Social Committee, taking into account the first years of application of the Regulation. On the basis of the findings that report shall, where appropriate, be accompanied by a proposal for amendment of this Regulation with regard to the structure of enforcement and the need for an EU agency to resolve any identified shortcomings.
2022/06/13
Committee: IMCOLIBE
Amendment 3003 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 2
2. This Regulation shall apply from [246 months following the entering into force of the Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 3035 #

2021/0106(COD)

Proposal for a regulation
Annex II – Part A – point 12 a (new)
12 a. Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L96/357, 29.3.2014).
2022/06/13
Committee: IMCOLIBE
Amendment 3040 #

2021/0106(COD)

Proposal for a regulation
Annex II – Part B – point 7 a (new)
7 a. Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products.
2022/06/13
Committee: IMCOLIBE
Amendment 3050 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – introductory part
1. Biometric identification, biometrics-based data and categorisation of natural persons:
2022/06/13
Committee: IMCOLIBE
Amendment 3057 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a
(a) AI systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3069 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems that may be or are intended to be used for the ‘real-time’ and ‘post’ non-remote biometric identification of natural persons in publicly accessible spaces, as well as in workplaces, in educational settings and in border surveillance;
2022/06/13
Committee: IMCOLIBE
Amendment 3074 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a b (new)
(a b) AI systems that may be or are intended to be used for the ‘real-time’ and ‘post’ non-remote biometric identification of natural persons in publicly accessible spaces, as well as in workplaces, in educational settings and in border surveillance;
2022/06/13
Committee: IMCOLIBE
Amendment 3079 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a c (new)
(a c) AI systems that are or may be used for ‘real-time’ and ‘post’ biometric verification in publicly accessible spaces, as well as in workplaces and in educational settings;
2022/06/13
Committee: IMCOLIBE
Amendment 3083 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a d (new)
(a d) AI systems that are or may be used for the ‘real-time’ and ‘post’ detection of a person’s presence, in workplaces, in educational settings, and in border surveillance, including in the virtual or online version of these spaces, on the basis of their physical, physiological or behavioural data, including biometric data;
2022/06/13
Committee: IMCOLIBE
Amendment 3085 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a e (new)
(a e) AI systems intended to be used by or on behalf of competent authorities in ‘real-time’ and ‘post’ migration, asylum and border control management for the forecasting or prediction of trends related to migration, movement and border crossings.
2022/06/13
Committee: IMCOLIBE
Amendment 3091 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) AI systems that may be or are intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity and entities falling under [Directive XXXX/XXX/EU (‘NIS 2 Directive’)].
2022/06/13
Committee: IMCOLIBE
Amendment 3098 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point a
(a) AI systems that may be or are intended to be used for the purpose of determining access or assigning natural persons to educational and vocational training institutions;
2022/06/13
Committee: IMCOLIBE
Amendment 3100 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
(b) AI systems that may be or are intended to be used for the purpose of assessing students in educational and vocational training institutions andor for assessing participants in tests commonly required for admission to educational institutions.
2022/06/13
Committee: IMCOLIBE
Amendment 3103 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b a (new)
(b a) AI systems that may be or are intended to be used for the purpose of assessing the appropriate level of education for an individual with potential effects for the methods or level of education that individual will recieve or will be able to access.
2022/06/13
Committee: IMCOLIBE
Amendment 3109 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems that may be or are intended intended to be used for recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
2022/06/13
Committee: IMCOLIBE
Amendment 3114 #

2021/0106(COD)

(b) AI that may be or are intended to be used for making decisions on promotion and termination of work-related contractualto assist decision-making affecting the initiation, establishment, implementation and termination of an employment relationship, including AI systems intended to support collective legal and regulatory matters, particularly work-related relationships, for task allocation and for monitoring, measuring and evaluating performance and behavior of persons in such relationships.
2022/06/13
Committee: IMCOLIBE
Amendment 3123 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point a
(a) AI systems that may be or are intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for public assistance benefits and services, as well as to grant, reduce, revoke, or reclaim such benefits and services;
2022/06/13
Committee: IMCOLIBE
Amendment 3133 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems that may be or are intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use;
2022/06/13
Committee: IMCOLIBE
Amendment 3134 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems that may be or are intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providers for their own use;
2022/06/13
Committee: IMCOLIBE
Amendment 3142 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c
(c) AI systems that may be or are intended to be used to dispatch, or to establish priority in the dispatching of emergency first response services, including by firefighters and medical aid.
2022/06/13
Committee: IMCOLIBE
Amendment 3143 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c a (new)
(c a) AI systems that may be used or are intended to be used for making individual risk assessments of natural persons in the context of access to private and public services, including determining the amounts of insurance premiums.
2022/06/13
Committee: IMCOLIBE
Amendment 3146 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point c b (new)
(c b) AI systems that may be used or are intended to be used in the context of payment and debt collection services.
2022/06/13
Committee: IMCOLIBE
Amendment 3147 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 a (new)
5 a. Use by vulnerable groups or in situations that imply vulnerability (a) AI systems intended to be used by children in a way that may seriously affect a child’s personal development, such as by educating the child in a broad range of areas not limited to areas which parents or guardians can reasonably foresee at the time of the purchase; (b) AI systems, such as virtual assistants, intended to be used by natural persons for taking decisions with regard to their private lives that have legal effects or similarly significantly affect the natural persons; (c) AI systems intended to be used for personalised pricing within the meaning of Article 6 (1) (ea) of Directive 2011/83/EU.
2022/06/13
Committee: IMCOLIBE
Amendment 3150 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3162 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3167 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
(c) AI systems that may be or are intended to be used by law enforcement authorities to detect deep fakes as referred to in article 52(3);
2022/06/13
Committee: IMCOLIBE
Amendment 3171 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
(d) AI systems that may be or are intended to be used by law enforcement authorities for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3176 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
(e) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3183 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
(f) AI systems that may be or are intended to be used by law enforcement authorities for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3187 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
(g) AI systems intended to be used for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3189 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities as polygraphs and similar tools or to detect the emotional state of a natural person;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3201 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
(b) AI systems that may be or are intended to be used by competent public authorities, or third parties on their behalf, to assess a risk, including, but not limited to, a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
2022/06/13
Committee: IMCOLIBE
Amendment 3206 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point c
(c) AI systems that may be or are intended to be used by competent public authorities for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;
2022/06/13
Committee: IMCOLIBE
Amendment 3215 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems that may be or are intended to assist competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3217 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d a (new)
(d a) AI systems that may be or are intended to be used by competent public authorities for border management and immigration authorities to monitor, surveil or process data for the purpose of detecting, verifying or identifying natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3222 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d b (new)
(d b) AI systems that may be or are intended to be used for migration analytics regarding natural persons or groups, allowing immigration authorities or related entities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.
2022/06/13
Committee: IMCOLIBE
Amendment 3231 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
(a) AI systems which may be or are intended to assist a judicial authority in researching and interpreting facts and the law and in applying the law to a concrete set of facts. or used in a similar way in alternative dispute resolution.
2022/06/13
Committee: IMCOLIBE
Amendment 3236 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a a (new)
(a a) AI systems that may or are intended to assist in democratic processes, the casting or counting of votes, such as in elections.
2022/06/13
Committee: IMCOLIBE
Amendment 3240 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 a (new)
8 a. Media (a). Recommender systems, meaning AI systems used by an online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed.
2022/06/13
Committee: IMCOLIBE
Amendment 3242 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 b (new)
8 b. Health and Healthcare (a) AI systems intended to be used inside or outside of the national healthcare system the outputs of which can influence individuals’ health, for example through impacting health diagnostics, treatments or medical prescriptions. (b) AI systems intended to be used to facilitate administrative, planning, and health insurance processes within the healthcare system which could influence the distribution of healthcare resources, health insurance or access to healthcare. (c) AI systems intended to be used by pharmaceutical companies and medical technology companies to facilitate research and development, as well as for pharmacovigilance, market optimisation and pharmaceutical marketing.
2022/06/13
Committee: IMCOLIBE
Amendment 3243 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a
(a) its intended purpose, the person/s developing the system the date and the version of the system, reflecting its relation to previous and, where applicable, more recent, versions in the succession of revisions;
2022/06/13
Committee: IMCOLIBE
Amendment 3248 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a a (new)
(a a) the categories of natural persons and groups likely or foreseen to be affected;
2022/06/13
Committee: IMCOLIBE
Amendment 3249 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point a b (new)
(a b) the categories and nature of data likely or foreseen to be processed;
2022/06/13
Committee: IMCOLIBE
Amendment 3250 #

2021/0106(COD)

Proposal for a regulation
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;
2022/06/13
Committee: IMCOLIBE
Amendment 3253 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point c
(c) the versions of relevant software or firmware and any requirement related to development, maintenance and version update;
2022/06/13
Committee: IMCOLIBE
Amendment 3257 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point g
(g) instructions of use for the usdeployer and, where applicable installation instructions;
2022/06/13
Committee: IMCOLIBE
Amendment 3258 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 1 – point g a (new)
(g a) instructions on the intervention in case of emergency, interrupting the system through a “stop” button or a similar procedure that allows the system to come to a halt in a safe state;
2022/06/13
Committee: IMCOLIBE
Amendment 3263 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point b
(b) the design specifications of the system, namely the general logic of the AI system and, of the algorithms and of data structures; the key design choices including the rationale and assumptions made, also with regard to persons or groups of persons on which the system is intended to be used; the main classification choices; what the system is designed to optimise for and the relevance of the different parameters; the decisions about any possible trade-off made regarding the technical solutions adopted to comply with the requirements set out in Title III, Chapter 2;
2022/06/13
Committee: IMCOLIBE
Amendment 3266 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point d
(d) where relevant, the data requirements in terms of datasheets describing the training methodologies and techniques and the training data sets used, including information about the provenance of those data sets, their scope and main characteristics; how the data was obtained and, selected and prepared; labelling procedures (e.g. for supervised learning), data cleaning methodologies (e.g. outliers detection), and methods applied to prevent bias;
2022/06/13
Committee: IMCOLIBE
Amendment 3267 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point e
(e) assessment of the human oversight measures needed in accordance with Article 14, including an assessment of the technical measures needed to facilitate the interpretation of the outputs of AI systems by the usdeployers, in accordance with Articles 13(3)(d);
2022/06/13
Committee: IMCOLIBE
Amendment 3277 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 4 a (new)
4 a. A detailed description of the system’s environmental impact in accordance with Article 10a.
2022/06/13
Committee: IMCOLIBE
Amendment 3291 #

2021/0106(COD)

Proposal for a regulation
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 51.
2022/06/13
Committee: IMCOLIBE
Amendment 3296 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 1
1. Name, address and contact details of the provider or deployer;
2022/06/13
Committee: IMCOLIBE
Amendment 3297 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 2
2. Where submission of information is carried out by another person on behalf of the provider or deployer, the name, address and contact details of that person;
2022/06/13
Committee: IMCOLIBE
Amendment 3299 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 5
5. Descriptions of: (a) the intended purpose of the AI system; (b) the components and functions supported through AI; (c) the main parameters the AI system takes into account; (d) arrangements for human oversight and responsible natural persons for decisions made or influenced by the AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 3301 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 5 a (new)
5 a. Where applicable, the categories of natural persons and groups likely or foreseen to be affected;
2022/06/13
Committee: IMCOLIBE
Amendment 3302 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 5 b (new)
5 b. Where applicable, the categories and nature of data likely or foreseen to be processed by the AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 3303 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 5 c (new)
5 c. For each deployment, the deployer’s assessments of the assessment of the systems’ impact in the context of use throughout the entire lifecycle as conducted by the deployer under Article 9a;
2022/06/13
Committee: IMCOLIBE
Amendment 3306 #

2021/0106(COD)

Proposal for a regulation
Annex VIII – point 11
11. Electronic instructions for use; this information shall not be provided for high-risk AI systems in the areas of law enforcement and migration, asylum and border control management referred to in Annex III, points 1, 6 and 7.
2022/06/13
Committee: IMCOLIBE
Amendment 37 #

2021/0105(COD)

Proposal for a regulation
Recital 76 a (new)
(76 a) The harmonised standards relevant to this Regulation take into account the United Nations Convention on the Rights of Persons with Disabilitities 1a (UN CRPD) and if the standards do not take the UN CRPD into account, manufacturers would have to explain why;
2022/01/24
Committee: EMPL
Amendment 39 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) lifting accessories, including lifting appliances whose speed does not exceed 0.15 m/s’;
2022/01/24
Committee: EMPL
Amendment 43 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) When machinery contains embedded software, preinstalled or installed subsequently, the latter shall be considered as an integrated part of the machinery;
2022/01/24
Committee: EMPL
Amendment 45 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen by the manufacturer and as a result of which the compliance of the machinery product with the relevant essential health and safety requirements may be affected. Maintenance and repair operations by third parties are not substantial modifications;
2022/01/24
Committee: EMPL
Amendment 46 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1 a. European Injury Database 1.The Commission shall establish and coordinate a European Injury Database, that covers all type of injuries caused by products and machinery placed or made available on the Union market; 2.The market surveillance authorities of Member States shall register the injury data to the database, in compliance with Union and national rules on data protection; 3. The Commission shall establish a common methodology for data collection and oversight the registration of data made by market surveillance authorities;
2022/01/24
Committee: EMPL
Amendment 47 #

2021/0105(COD)

3. A machinery product shall be included in the list of high-risk machinery products in Annex I if it poses a risk to human health taking into account its design and intended purpose and foreseeable use. A machinery product shall be withdrawn from the list of high-risk machinery products in Annex I if it no longer poses such risk. The risk posed by a certain machinery product shall be established based on the combination of the probability of occurrence of harm and the severity of that harm.
2022/01/24
Committee: EMPL
Amendment 48 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point d
(d) statistics on accidents caused by the machinery product for the preceding four years based, in particular information obtained from the Information and Communication System for Market Surveillance (ICSMS) information, safeguard clauses, Rapid Alert System (RAPEX) and, the Machinery Administrative Cooperation Group reporting and the Pan- European Injury Database.
2022/01/24
Committee: EMPL
Amendment 59 #

2021/0105(COD)

Proposal for a regulation
Annex I – point 25 a (new)
25 a. escalators and moving walks;
2022/01/24
Committee: EMPL
Amendment 64 #

2021/0105(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 1 – point d
(d) estimate the risks, taking into account the severity of the possible injury or damage to health, including mental health, and the probability of its occurrence;
2022/01/24
Committee: EMPL
Amendment 67 #

2021/0105(COD)

Proposal for a regulation
Annex III – point 3
3. The essential health and safety requirements laid down in this Annex are mandatory; however, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the m. Machinery product shall, as far as possible, be designed and constructed with the purpose of approaching those objectives. Where this is impossible, the machinery shall not be placed on the market.
2022/01/24
Committee: EMPL
Amendment 68 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.1 – paragraph 1 – point a
(a) ‘hazard’ means a potential source of injury or damage to health, including mental health;
2022/01/24
Committee: EMPL
Amendment 69 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.2 – point a
(a) A machinery product shall be designed and constructed so that it is fit for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the reasonably foreseeable conditions foreseenof use but also taking into account any reasonably foreseeable misuse thereof. The aim of protective measures shall be to eliminate any risk throughout the foreseeable lifetime of the machinery product including the phases of transport, assembly, dismantling, disabling and scrapping.
2022/01/24
Committee: EMPL
Amendment 76 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 – paragraph 1 – point c
(c) avoiding ano machine-determined work rate, allowing work-rate adaptivity and not allowing for work-rates that endanger health and safety, including psychological stress and cognitive workload;
2022/01/24
Committee: EMPL
Amendment 78 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.1 – point 1.1.6 – paragraph 1 – point d
(d) avoidingno monitoring that requires lengthy concentration;
2022/01/24
Committee: EMPL
Amendment 98 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – introductory part
1.3.7. Risks related to moving parts and, psychological stress and cognitive workload
2022/01/24
Committee: EMPL
Amendment 100 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.3 – point 1.3.7 – paragraph 4 – introductory part
The prevention of risks of contact leading to hazard situations and the psychological stress and cognitive workload that may be caused by the interaction with the machine shall be adapted to:
2022/01/24
Committee: EMPL
Amendment 107 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 1 – point 1.7 – point 1.7.4 – paragraph 3
The instructions may be provided in a digital format. However, upon purchaser’s request at the time of the purchase of the machinery product, the instructions shall be provided in paper format free of charge over the entire lifecycle of the machinery product.
2022/01/24
Committee: EMPL
Amendment 123 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 1
Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the surroundings should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, the machinery shall be designed or equipped with a restraint system so as to keep the persons in their seats or in the protective structure, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems or provision shall have an ergonomic design and shall not be fitted if they increase the risk.
2022/01/24
Committee: EMPL
Amendment 124 #

2021/0105(COD)

Proposal for a regulation
Annex III – Part 3 – point 3.2 – point 3.2.2 – paragraph 2
The machine shall not be able to move when the restraint system is not active in case there is a significant risk of tipping or rolling over. A visual orand audible signal shall be provided at the driving position alerting the driver when the restraint system is not active.
2022/01/24
Committee: EMPL
Amendment 1 #

2020/2217(INI)

Draft opinion
Recital 1 a (new)
1a. whereas the Commission communication of 21 October 2020 entitled ‘Open source software strategy 2020-2023’ underlines the need for openness in data and software, insists that the data governance model be built on a decentralised data operating environment, taking advantages of an open data policy and collaboration opportunities in regional clusters of SMEs, research institutions, public administrations and civil society;
2020/11/17
Committee: IMCO
Amendment 28 #

2020/2217(INI)

Draft opinion
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’industrial 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 altruismand incentivise data sharing in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 30 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Welcomes the announcement of a common European data space for smart circular applications and the ambition of the Commission to develop a digital ‘product passport’ to improve traceability and access to information on a product’s origin, durability, composition, reuse, repair, dismantling possibilities and end- of-life handling; calls for these tools to be developed in close cooperation with the industry, national public authorities, civil society and relevant stakeholders;
2020/11/17
Committee: IMCO
Amendment 40 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Calls on the Commission to assess the environmental impact of data sharing and the infrastructures required to ensure a sustainable deployment of the data strategy in line with the Green Deal;
2020/11/17
Committee: IMCO
Amendment 43 #

2020/2217(INI)

Draft opinion
Paragraph 3
3. Highlights the need to create a single European data space with the aim of ensuring the free flow of non-personal data across borders and sectors; underlines the principle of the free flow of non-personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders and provide adequate level of detailed permissions; considers that business-to- business (B2B) and business-to- government (B2G) data sharing should be voluntaryincentivised, while mandatory access to data shcould also be envisaged to remedy potential data market failures and avoid the market concentration and excesses; calls for incentivising private companies to choose an open data and cooperative model rather than a scarcity based one; insists that the dataspace created as result of Union policies should include safeguards and ban profiling and advertisement uses;
2020/11/17
Committee: IMCO
Amendment 60 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses that, despite the current high carbon footprint of development, deployment and use of artificial intelligence, robotics and related technologies, including automated decisions and machine learning, those technologies can contribute to the reduction of the current environmental footprint of the ICT sector; underlines that these and other properly regulated related technologies should be critical enablers for attaining the goals of the Green Deal, the UN Sustainable Development Goals and the Paris Agreement in many different sectors and should boost the impact of policies delivering environmental protection, for example policies concerning waste reduction and environmental degradation; calls for the introduction of an EU digital sustainability index based on an analysis of product life cycles;
2020/11/17
Committee: IMCO
Amendment 69 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Stresses that an innovative and competitive data economy is built on openness; stresses in this context the need to avoid service provider or technological lock-in for public data collection processes and calls for all Union public procurement processes and funding programmes to include open data access, mandatory interoperability and portability requirements, as well as to promote the use of open-source software and hardware; calls in this context upon the Commission to introduce a ‘European interoperability pledge’;
2020/11/17
Committee: IMCO
Amendment 75 #

2020/2217(INI)

Draft opinion
Paragraph 3 d (new)
3d. Stresses that enabling sharing and access to essential and well-defined data sets will be key to fully unlock the potential of the Green Deal; calls on the Commission to assess which datasets are essential for the ecological transition in the context of sustainable products and services, inter alia in product manufacturing, transportation, carbon, energy and biodiversity impact, as well as their end-of life handling; calls on the Commission to consider extending the scope of the high value datasets defined in Directive (EU) 2019/1024 on Open Data to private actors;
2020/11/17
Committee: IMCO
Amendment 85 #

2020/2217(INI)

Draft opinion
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid lock-in and unnecessary transaction costs, allowing users to seamlessly migrate their data via standardised interfaces to other service providers, where comparable cloud services exist, and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
2020/11/17
Committee: IMCO
Amendment 95 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Reminds that according to the first evaluation of Directive 96/9/EC on the legal protection of databases, the introduction of a new “sui generis right” has led to a decrease in the production of European produced databases; therefore encourages the Commission to repeal Directive 96/9/EC;
2020/11/17
Committee: IMCO
Amendment 98 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Points out that the most efficient way of reducing bias in data based systems is by ensuring that the maximum of non-personal data is available to train them, for which it is necessary to limit any unnecessary barrier to text-and-data mining, and to facilitate cross-border uses; notes in addition that public domain or freely licensed data are often used by AI and machine learning developers when selecting training data, both for ease of access and to avoid potential infringement liability exposure, which creates a particular form of selection bias in training data, which can often lead to other forms of more harmful bias in results; emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that developers may still face;
2020/11/17
Committee: IMCO
Amendment 103 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Highlights that the sharing of data should be used to enhance competition; emphasises the need for adequate safeguards against market failures on data markets; suggest that the Commission takes advantage of the review of horizontal and vertical competition guidelines to introduce new tools to counter excessive market concentration, inherent to data markets, including, inter alia ongoing monitoring for at-risk- markets and, where necessary, ex-ante regulation;
2020/11/17
Committee: IMCO
Amendment 21 #

2020/2216(INI)

Draft opinion
Recital B a (new)
Ba. whereas technology-enabled surveillance, monitoring and control in the workplace, such as prediction and flagging tools, remote monitoring and time-tracking and algorithmic management can generate excessive speed and efficiency pressure for workers, track employees’ behavioural patterns, exacerbate discriminatory practices and entail significant risks for privacy and human dignity;
2021/01/19
Committee: EMPL
Amendment 28 #

2020/2216(INI)

Draft opinion
Recital B b (new)
Bb. whereas algorithmic management can create power imbalances and obscurity about decision-making and must be fully transparent in order for workers to effectively challenge these decisions;
2021/01/19
Committee: EMPL
Amendment 32 #

2020/2216(INI)

Draft opinion
Recital B c (new)
Bc. whereas the workers have the right not to be subject to a decision based solely on automated processing enshrined in Article 22(1) of Regulation (EU) 2016/679 (GDPR), which means there must be human oversight;
2021/01/19
Committee: EMPL
Amendment 40 #

2020/2216(INI)

Draft opinion
Paragraph 1
1. Stresses that the future regulatory framework for AI in the European Union should address the specificity of the workplace, including the bargaining inequality between workers and employers and ensure that workers’ rights are fully respected and adapted to the new forms of work relations and work organisation, in a way that secures jobs and improves upon wages and working conditions, while safeguarding the quality of employment; stresses, in addition, that the European AI framework should be based on the respect of European values, Union rulesTreaties of the European Union, and the Charter of fundamental rights of the EU, the European Social Charter of the Council of Europe, and the principles of the European Pillar of Social Rights;
2021/01/19
Committee: EMPL
Amendment 63 #

2020/2216(INI)

Draft opinion
Paragraph 2
2. Underlines that AI must serve exclusively as an aid to human performance and comply with all rules ensuring respect for fundamental rights, including the protection of personal data and privacy, and the prohibition of arbitrary profiling and undue surveillance;
2021/01/19
Committee: EMPL
Amendment 94 #

2020/2216(INI)

Draft opinion
Paragraph 5
5. Recalls that the use of AI applications, algorithms and process development affecting all aspects of work and workers’ rights, such as recruitment processes, must not discriminate againstcannot infringe the right to non-discrimination enshrined in Article 21 of the European Charter of Fundamental Rights of workers and vulnerable groups nor reinforce inequalities on the pretext of gender, age, disability or nationality; Calls on the Commission to put in place adequate safeguards in the announced AI regulation to counter discrimination by AI by ensuring that the information or datasets used to run or train AI used on the workplace represent diversity and are not biased, including tools like consumer- sourced rating systems, which can reflect biased and discriminatory practices towards workers;
2021/01/19
Committee: EMPL
Amendment 103 #

2020/2216(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to ensure appropriate protection of workers’ rights and well- being, such as non-discrimination, privacy, human dignity and protection against exploitation by employers in the use of AI in the workplace, including prediction and flagging tools to predict employees behaviour and identify or deter rule-breaking or fraud, remote monitoring and time tracking software, and including algorithmic management of work activities, such as automated nudges, real-time progress monitoring and monitoring of performance metrics and decision-making with the help of AI, which can allow employers to compromise on what constitutes paid work time and can put excessive pressure on workers;
2021/01/19
Committee: EMPL
Amendment 110 #

2020/2216(INI)

Draft opinion
Paragraph 5 b (new)
5b. Reiterates that any use of AI at work must respect and adequately safeguard the right not to be subject to a decision based solely on automated processing enshrined in Article 22(1) of Regulation (EU) 2016/679 (GDPR), which means there must be human oversight; Calls on the Commission and Member States to ensure a form of legitimate trust in employer-employee relations, where in case of divergence between AI results affecting an employee’s position and statements made by managerial staff that affect an employee’s position, the latter prevails;
2021/01/19
Committee: EMPL
Amendment 113 #

2020/2216(INI)

Draft opinion
Paragraph 5 c (new)
5c. Stresses in case of use of AI in the workplace employers must be transparent about the fact they use AI, the parameters the algorithms take into account and the way AI is used;
2021/01/19
Committee: EMPL
Amendment 114 #

2020/2216(INI)

Draft opinion
Paragraph 5 d (new)
5d. Points out the potential of digital solutions, such as teleworking and AI applications, to support the integration of people with disabilities in the labour market;
2021/01/19
Committee: EMPL
Amendment 117 #

2020/2216(INI)

Draft opinion
Paragraph 6
6. Reiterates its call for legal protection for platform workers and teleworkers, as well as recognition of their status as such, to ensure that their entitlement to full social security protection is upheldlabour rights and social protection is upheld; Labour-intensive platforms exerting the prerogatives of employers should abide to all the legal obligations that this entails in terms of payment of income tax, financing of social protection, responsibility for health and safety, due diligence and corporate social responsibility and the employee status of their workers should be acknowledged through the rebuttable assumption of an employment relationship;
2021/01/19
Committee: EMPL
Amendment 129 #

2020/2216(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to improve labour conditions for platformpose a directive on decent working conditions and rights in the digital economy, covering all workers, in its upcoming legislative proposalcluding non-standard workers on atypical contracts, workers in platform companies and the self-employed, in order to guarantee healthy and safe working environments, quality employment and wages, the right to disconnect, the obligation of employers to offer perpetuallifelong digital retraining, and full, transparent checks of employees’ online identity as well as their right to organise, to be represented by trade unions and to negotiate collective agreements; Calls on the Commission to ensure mandatory human oversight for managerial decisions, such as hiring and or firing employees and appraisals;
2021/01/19
Committee: EMPL
Amendment 133 #

2020/2216(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls on the Commission to ensure that platform workers can exercise an effective right to data portability, their consumer-sourced ratings being included in the data;
2021/01/19
Committee: EMPL
Amendment 134 #

2020/2216(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission and the Member States to update the European Skills Agenda and the Digital Education Action Plan, so that workers can upskill and become qualified for the challenges of the future world of work; calls on the Member States to update their national vocational and professional training and upskilling programmes so as to ensure digital literacy and promote digital inclusion (οn average, 16 % of EU workers fear that digitalisation will render their skills outdated2 ); __________________ 2 Cedefop, ‘Artificial or human intelligence? Digitalisation and the future of jobs and skills: opportunities and risks’, p. 3. stresses that 90% of jobs require basic digital skills3a and women only represent 17% of people in ICT4a studies and careers in the EU5aand only 36% of STEM6a graduates7a, despite the fact that girls outperform boys in digital literacy8a; highlights the importance of education and skills development to address gender bias and support gender equality and calls for increased efforts on both the national and European level to break this gender imbalance; __________________ 2 Cedefop, ‘Artificial or human intelligence? Digitalisation and the future of jobs and skills: opportunities and risks’, p. 3. 3aEuropean Commission, ‘ICT for Work: Digital Skills in the Workplace’, 2017. 4aInformation and Communications Technology. 5a https://ec.europa.eu/eurostat/web/product s-eurostat-news/-/EDN-20180425-1. 6a Science, Technology, Engineering and Mathematics. 7ahttps://op.europa.eu/en/publication- detail/-/publication/9540ffa1-4478-11e9- a8ed-01aa75ed71a1/language-en. 8a 2018 International Computer and Information Literacy Study (ICILS).
2021/01/19
Committee: EMPL
Amendment 152 #

2020/2216(INI)

Draft opinion
Paragraph 9
9. Calls on the Commission and the Member States to improve occupational health and safety regulations in the context of human-machine synergies and to safeguard workers’ psychological and mental balance through expert support and an EU directive on work-related stress.the prevention of psychosocial risks; in this context, stresses the need for employees in the digital sector reviewing content moderation notifications or decisions to be well trained and have access to psychological support;
2021/01/19
Committee: EMPL
Amendment 1 #

2020/2077(INI)

Draft opinion
Recital A
A. whereas the transition to a resource-efficient and climate neutral economy based on the principles of a Circular Economy respects the planetary boundaries by shifting away from the dependency on the use of resources and raw materials, mass consumption and waste production;
2020/09/10
Committee: IMCO
Amendment 2 #

2020/2077(INI)

Draft opinion
Recital B
B. whereas a Circular Economy aims at closing and slowing material, product and resources loops by reusing, sharing, repairing, upgrading, recycling, fostering interoperability and a longer lifetime of products;
2020/09/10
Committee: IMCO
Amendment 3 #

2020/2077(INI)

Draft opinion
Recital C
C. whereas closed material loops and shorter supply chains will eventually lead to value added within the EU's internal market, to innovation, employment and competitiveness while ensuring a high level of consumer protection and sustainability;
2020/09/10
Committee: IMCO
Amendment 4 #

2020/2077(INI)

Draft opinion
Recital D
D. whereas the single market is a powerful tool that must be used to develop sustainable and circular products and technologies and should reflect environmental, economic, social and ethical considerations;
2020/09/10
Committee: IMCO
Amendment 5 #

2020/2077(INI)

Draft opinion
Recital E
E. whereas investing in circular production patterns and in the reuse and repair sector is a source of economic and social opportunities, creates jobs and drives industrial competitiveness;
2020/09/10
Committee: IMCO
Amendment 6 #

2020/2077(INI)

Draft opinion
Recital F
F. whereas the COVID19 crisis has demonstrated the need for a resilient economy based on sustainable and shorter supply chains;
2020/09/10
Committee: IMCO
Amendment 7 #

2020/2077(INI)

Draft opinion
Recital G
G. whereas within the framework of the European Green Deal, ambitious legislation as outlined in the Circular Economy Action Plan released in March 2020 should aim to reduce the total environmental and resource footprint of EU production and consumption, with resource efficiency, zero pollution, non- exposure to harmful and toxic substances, and waste prevention as key priorities;
2020/09/10
Committee: IMCO
Amendment 12 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considers that producing and placing sustainable products on the internal market should be the norm and calls for a horizontal Sustainable Product Framework Directive setting mandatory minimum requirements at design, production and marketing stage for durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product- specific requirements; calls furthermore for such a comprehensive legislative proposal to be delivered timely and not to be further postponed in order to contribute to the economy recovery of the EU subsequent to the COVID19-crisis;
2020/09/10
Committee: IMCO
Amendment 20 #

2020/2077(INI)

Draft opinion
Paragraph 1 a (new)
1a. Highlights that ensuring non- exposure to chemicals and other harmful toxic substances is a pre-condition to a safe circular economy; Calls therefore on the Commission to take regulatory measures to eliminate chemicals and toxic substances from consumer products to ensure the highest level possible of safety for consumers;
2020/09/10
Committee: IMCO
Amendment 32 #

2020/2077(INI)

Draft opinion
Paragraph 2 a (new)
2a. Reiterates its call to the Commission to implement the provisions of Directive 2014/53/EU on radio- equipment by adopting without delay the delegated act to introduce a common charger for mobile phones, tablets, e- books readers, and other small- and medium electronic devices as part of a global strategy to reduce electronic waste; asks the Commission to develop in parallel a decoupling strategy that ensures consumers are not obliged to buy new chargers with new devices to allow for greater environmental benefits;
2020/09/10
Committee: IMCO
Amendment 39 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability, i.e. expected product’s lifetime, and reparability, and the development of a repair score, in addition to minimum information requirements both at advertising and pre-contractual stage; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products under Directive 2019/771, the introduction of direct producer liability, and for legislative measures to ban practices resulting in premature obsolescence vis-a-vis the seller to incentivise manufacturers to produce more sustainable and durable goods, and for legislative measures to ban practices which curtail the life of a product, such as preventing repairs, introducing a design fault or slowing performance of a device, resulting in premature obsolescence by adding those to the Annex I of the Directive 2005/29/EU;
2020/09/10
Committee: IMCO
Amendment 52 #

2020/2077(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recommends further legislative measures to be adopted to tackle misleading green claims towards consumers by setting up procedures to substantiate them before a product is placed on the market, as well as by establishing a public European register listing authorised and banned environmental claims;
2020/09/10
Committee: IMCO
Amendment 58 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts to all market participants, including to ensure those parts are priced the same way to authorized and independent repairers as well as consumers, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a of software based on the expected lifetime of a product, a reasonable maximum time- limit for their delivery, and for repair to be given priority under the legal guarantee regim expressed in working days that cannot be longer than seven working days, and for repair to be given priority under the legal guarantee regime; adds that an effective right to repair must ensure affordable repair for consumers, also by establishing measures to impose a cap on the price of spare parts that should not exceed 30% of the product’s price;
2020/09/10
Committee: IMCO
Amendment 87 #

2020/2077(INI)

Draft opinion
Paragraph 6
6. Underlines the importance of transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and welcomes the Commission’s intention to develop a digital product passport; calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not only aspects such as durability and reparability, but also social, working and environmental conditions;
2020/09/10
Committee: IMCO
Amendment 100 #

2020/2077(INI)

Draft opinion
Paragraph 7
7. CallsRegrets that public authorities do not make use of the existing possibilities for green and social procurement under the current legislative framework and still apply too often the lowest price criterion only; calls therefore for a revision of EU public procurement legislation introducing mandatory minimum targets, through defining a certain percentage for procurement based on environmental, social and ethical criteria, and introducing a hierarchy of award criteria, together with sector-specific targets., including for the purchase of second-hand, recycled and reconditioned products; asks also public authorities to lead by example by not purchasing single-use products; Adds that sustainable procurement should become the default choice with a “comply or explain” clause allowing for exemptions only on objective and justified grounds;
2020/09/10
Committee: IMCO
Amendment 6 #

2020/2076(INI)

Draft opinion
Recital A
A. whereas today EU industry employs around 35 million people and accounts for over 80 % of exports; whereas the EU industry has a very large environmental footprint; whereas women still remain under-represented across industrial sectors, occupations and management levels;
2020/06/17
Committee: EMPL
Amendment 12 #

2020/2076(INI)

Draft opinion
Recital B
B. whereas the new EU industrial strategy must serve as a vector for creatcross all sectors and companies as a response to the societal and environmental challenges such as unemployment, aging, more and better jobs and achieve an inclusive and balanced job market, accompanying the transition towards a digital and carbon- neutral industrybility, climate change and biodiversity, for creating more greener and decent jobs and achieve an inclusive and balanced job market, in order to accompany a fair and just transition towards a digital and a fully renewables- based , highly resource- and energy- efficient, circular and climate neutral economy by 2040;
2020/06/17
Committee: EMPL
Amendment 19 #

2020/2076(INI)

Draft opinion
Recital C
C. whereas digitalisation and artificial intelligence are crucial for all industry sectors, increasing competitiveness,, whilst ensuring a high level of cybersecurity and full respect for fundamental rights by not leading to any form of discrimination or exclusion, are crucial for all industry sectors to achieve a green industrial transition that increases competitiveness while supporting sustainability, reducing Europe’s dependence on energy and resource imports and creating job opportunities and economic prosperity and well-being for all;
2020/06/17
Committee: EMPL
Amendment 33 #

2020/2076(INI)

Draft opinion
Recital D
D. whereas the COVID-19 pandemic has brought unprecedented challenges for EU industry, as well as for the people living and working in the EU with over 5 million people at risk of losing their jobs and a projected average reduction in GDP of around 7 % across the EU;
2020/06/17
Committee: EMPL
Amendment 39 #

2020/2076(INI)

Draft opinion
Recital E
E. whereas social dialogue and continuous cooperation between social partners are essential for a robust industrial policy that aims to achieve a fairer society for all and mitigates the risk of leaving anythe transition to a fairer and greener society that leaves no one behind;
2020/06/17
Committee: EMPL
Amendment 50 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Highlights that EU industrial policy must be in linealigned with the objectives of the Green Deal, the principles and the 1.5 C goal of the Paris agreement and with the European Pillar of Social Rights and efficiently address the social consequences of structural change and the need to continue implementing its principles, in order to support fair and decent working conditions and equal opportunities for all, as well as access to well-functioning labour markets and welfare systems;
2020/06/17
Committee: EMPL
Amendment 71 #

2020/2076(INI)

Draft opinion
Paragraph 2
2. Emphasises that the European Permanent Unemployment Reinsurance Scheme should be adopted as a key instrument that must accompany the twin ecologicjust transition to a fully renewables-based , highly resource- and energy-efficient, circular and carbon-neutral and digital transitioneconomy;
2020/06/17
Committee: EMPL
Amendment 88 #

2020/2076(INI)

Draft opinion
Paragraph 3
3. Considers that EU industrial policy must embrace relocation strategies that promote the recovery of quality employment and manufacturing opportunities back to the EU, in order to increase competitiveness, sustainability as well as well-being and avoid excessive dependency on foreign providers, particularly in strategic sectors such as health, digitalisation and energy, thus strengthening the EU’s strategic autonomy; the EU industrial policy should also support sustainable urban and small scale specialised manufacturing as an alternative to large-scale industrial production;
2020/06/17
Committee: EMPL
Amendment 116 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. Stresses that the ability to attract, recruit and retain a qualified workforce is essential to a competitive EU industry; considers education in future-oriented sectorsactive labour market policies, education, lifelong learning, training in future-oriented sectors and employment, accessible and affordable childcare, skills and competences, particularly as regards Vocational Education Training and digital skills, to be essential to address current and future skills shortages; believes that and offer people future perspectives and incomes; believes that a long term strategy and increase in investments in human resources lifelong learning is a are prerequisite to ensure efficient and timely upskilling and reskilling of workers and jobseekers and should be an integral part of the EU Industrial Strategy; calls, in this regard, on the Commission to ensure complementarity between the aims of the new Industrial Strategy, the European climate objectives, the Green New Deal and the anticipated updated Skills Agenda for Europe;
2020/06/17
Committee: EMPL
Amendment 125 #

2020/2076(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Believes that the recovery from the COVID crisis must fasten the transition to a circular climateneutral economy and society which offers new opportunities to create jobs and modernise Europe’s industrial sector by creating new markets especially through energy efficiency, the scaling up of renewable energy sources and the promotion of innovative models such as upcycling, reuse and repair, through establishing a right to repair, while contributing to people’s wellbeing and reducing Europe’s energy and resource consumption and thereby costs;
2020/06/17
Committee: EMPL
Amendment 146 #

2020/2076(INI)

Draft opinion
Paragraph 5
5. Considers that the recent pandemic has shown the importance offurther emphasised the importance of finding environmentally friendly and digital solutions, particularly such as telework, and the need to establish guidelines and regulations at European level; believes that telework offers opportunities such as better work- life balance, reduced CO2 emissions related to the daily commute, and enhanced employment opportunities for people persons with disabilities as well as for young people and people in remote areas; calls on the Commission to propose a legislative framework with a view to regulating telework conditions across the EU;
2020/06/17
Committee: EMPL
Amendment 158 #

2020/2076(INI)

Draft opinion
Paragraph 6
6. Stresses that gender balance, the improvement of the situation of women in the labour market and achieving equality between men and women must be core principles of the EU’s industrial strategy; calls on the Commission to include a gender perspective in its industrial policy strategy, particularly in its measures to address the digital and green transformations, and to encourageboost women’s participation in digital entrepreneurship, STEM and ICT education and employment in order to avoid an industrial and digital gender gap;
2020/06/17
Committee: EMPL
Amendment 166 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to ensure that the post-2020 strategy addresses and promotes the inclusion of persons with disabilities in industrial sectors and, workplaces and the society as a whole, by tackling discrimination and ensuring accessibility by removing physical, digital and social barriers.
2020/06/17
Committee: EMPL
Amendment 4 #

2020/2035(INL)

Motion for a resolution
Citation 4 a (new)
— having regard to the Commission communication of 12 November 2020 entitled ‘LGBTIQ Equality Strategy (2020-2025)’,
2021/07/12
Committee: LIBEFEMM
Amendment 5 #

2020/2035(INL)

Motion for a resolution
Citation 5 a (new)
— having regard to the Commission’s Code of Conduct on Countering Illegal Hate Speech Online, launched in May 2016 and to its fifth evaluation round, resulting in the document ‘Factsheet – 5th monitoring round of the Code of Conduct’,
2021/07/12
Committee: LIBEFEMM
Amendment 10 #

2020/2035(INL)

Motion for a resolution
Citation 6 a (new)
— having regard to its resolution of 10 June 2021 on promoting equality in science, technology, engineering and mathematics (STEM) education and careers,
2021/07/12
Committee: LIBEFEMM
Amendment 18 #

2020/2035(INL)

Motion for a resolution
Citation 7 a (new)
— having regard to its resolution of 11 March 2021 on the declaration of the EU as an LGBTIQ Freedom Zone 1a, _________________ 1a P9_TA(2021)0089
2021/07/12
Committee: LIBEFEMM
Amendment 20 #

2020/2035(INL)

Motion for a resolution
Citation 7 b (new)
— having read to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence,
2021/07/12
Committee: LIBEFEMM
Amendment 36 #

2020/2035(INL)

Motion for a resolution
Citation 10 a (new)
— having regard to the UN reports of Special Rapporteurs on violence against women, in particular the report of 18 June 2018 on online violence against women (A/HRC/38/47), the report of 6 May 2020 on combating violence against women journalists (A/HRC/44/52) and the report of 24 July 2020 on Intersection between the coronavirus disease (COVID- 19) pandemic and the pandemic of gender-based violence against women, with a focus on domestic violence and the “peace in the home” initiative (A/75/144),
2021/07/12
Committee: LIBEFEMM
Amendment 38 #

2020/2035(INL)

Motion for a resolution
Citation 10 b (new)
— having regard to the OSCE report on the safety of female journalists online 1a, _________________ 1a https://www.osce.org/files/f/documents/2/9 /468861_0.pdf
2021/07/12
Committee: LIBEFEMM
Amendment 76 #

2020/2035(INL)

Motion for a resolution
Recital B
B. whereas violence against women and other forms of gender-based violence are widespread in the Union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in patriarchal structures, the unequal distribution of power between women and men, in sexism and gender stereotypes, which have led to domination over and discrimination against women and LGBTI people by men;
2021/07/12
Committee: LIBEFEMM
Amendment 86 #

2020/2035(INL)

Motion for a resolution
Recital C
C. whereas violence against women and girls and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede, accompany or continue them;
2021/07/12
Committee: LIBEFEMM
Amendment 92 #

2020/2035(INL)

Motion for a resolution
Recital C a (new)
C a. whereas gender-based violence has increased during the COVID-19 pandemic; whereas the greater use of the internet during the COVID-19 pandemic increases online and ICT-facilitated gender-based violence;
2021/07/12
Committee: LIBEFEMM
Amendment 100 #

2020/2035(INL)

Motion for a resolution
Recital D
D. whereas among the most common types of gender-based cyberviolence are cyber harassment, cyber stalking, cyber bullyincluding the accessing, trollaking, online hate speech, flaming, doxxing and image- based sexual abuse are among the most common types of gender-based cyberviolencesharing as well as the creation and manipulation of data or images, including intimate data, without consent, and hate speech online, coercive control by digital surveillance and control of the communications via stalkerware and spyware apps; whereas some Member States have adopted specific legislations on some of thoese particularspecific forms only;
2021/07/12
Committee: LIBEFEMM
Amendment 119 #

2020/2035(INL)

Motion for a resolution
Recital E
E. whereas, despite a growing awareness of the phenomenon there is a lack of comprehensive and comparable disaggregated data on all forms of gender- based cyberviolence, the lack of collection of exhaustive and recent data and the underreporting of case; whereas despite a growing awareness of this phenomenon, the lack of comprehensive and comparable disaggregated data collection on all forms of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the European added value assessment onlack of comparable data is also the result of a lack of harmonisation in the definitions linked to gender-based cyberviolence estimates that between 4 and 7% of women in the Union have experienced cyber harassment during the past 12 months, while between 1 and 3% have experienced cyber stalking; whereas comprehensive and comparable disaggregated data is essential to document all forms of gender-based violence and its root causes;
2021/07/12
Committee: LIBEFEMM
Amendment 124 #

2020/2035(INL)

Motion for a resolution
Recital E a (new)
E a. whereas gender-based violence continues to be underreported in the EU; whereas by equipping police officers with the soft skills to carefully listen, understand and respect all victims of all forms of gender-based violence they can help to address underreporting, re- victimisation and create a safer environment for survivors of gender- based violence; whereas ensuring accessible reporting procedures and mechanisms, as well as remedies, is indispensable to promote a safer environment for all survivors of gender- based violence;
2021/07/12
Committee: LIBEFEMM
Amendment 127 #

2020/2035(INL)

Motion for a resolution
Recital E b (new)
E b. whereas the EAVA on gender- based cyberviolence estimates that 4 to 7% of women in the EU have experienced cyber harassment during the past 12 months, while between 1 and 3%have experienced cyber stalking; whereas the World Wide Web Foundation survey conducted in 2020 among respondents from 180 countries revealed that 52 % of young women and girls have experienced online abuse such as sharing of private images, videos or messages without their consent, mean and humiliating messages, abusive and threatening language, sexual harassment and false content, and 64 % of respondents stated they know someone who have experienced it; whereas according to this survey, women are more skeptical with regard to tech companies using their data responsibly;
2021/07/12
Committee: LIBEFEMM
Amendment 134 #

2020/2035(INL)

Motion for a resolution
Recital F
F. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discriminatiointersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; whereas women and girls belonging to ethnic or religious communities, racialized women and girls, women can exacerbate the consequences of gender-based cyberviolenced girls with disabilities, LGBTI people or teenagers, are bigger targets to online attacks;
2021/07/12
Committee: LIBEFEMM
Amendment 143 #

2020/2035(INL)

Motion for a resolution
Recital G
G. whereas some women, such as politicians, women in public positions, journalists, activists, artists, bloggers and human rights defenders, are particularly impacted by gender-based cyberviolence, and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political, social and cultural life;
2021/07/12
Committee: LIBEFEMM
Amendment 148 #

2020/2035(INL)

Motion for a resolution
Recital G a (new)
G a. whereas gender-based cyberviolence often led to self-censorship and this situation can have a detrimental impact on the professional lives and reputations of survivors of gender-based cyberviolence, particularly of women journalists, politicians, activist, artists, bloggers and human rights defenders; whereas the violent and gendered nature of the threats makes that they often resort to the use of pseudonyms, maintain low online profiles, decide to suspend, deactivate or permanently delete their online accounts, or even to leave their profession entirely;
2021/07/12
Committee: LIBEFEMM
Amendment 153 #

2020/2035(INL)

Motion for a resolution
Recital H
H. whereas gender-based cyberviolence impacts on mental and physical health, on the full exercise of fundamental rights and even on democracy, and has consequences on society, including an economic impact;
2021/07/12
Committee: LIBEFEMM
Amendment 181 #

2020/2035(INL)

Motion for a resolution
Paragraph 2
2. Welcomes the Union’s Gender Equality Strategy 2020-2025 put forward by the Commission as a tool to combat violence against women in all their diversity and gender-based violence and to tackle the root causes of it;
2021/07/12
Committee: LIBEFEMM
Amendment 185 #

2020/2035(INL)

Motion for a resolution
Paragraph 2 a (new)
2 a. Highlights that systemic and social discrimination, including gender, racial and economic discrimination, are reproduced and magnified online; recalls that these discriminations intersect, resulting in more extreme consequences for migrant women, women from ethnic or religious communities and racialized groups, women with functional diversity, LGBTI people and teenagers; recalls that structural discrimination, patriarchal structures and the unequal distribution of power are some of the main root causes of gender-based violence; underlines the urgency to tackle the root causes of gender-based violence and calls on the Commission to take this approach into account in its future proposal;
2021/07/12
Committee: LIBEFEMM
Amendment 192 #

2020/2035(INL)

Motion for a resolution
Paragraph 3
3. Stresses that the COVID-19 pandemic has increased the risk of domestic violence and abuse, which can be physical, sexual, psychological or economic, because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls onurges Member States to increase the assistance they offer through shelters, helplines and support services to protect victims and facilitate the reporting of gender-based violence;
2021/07/12
Committee: LIBEFEMM
Amendment 204 #

2020/2035(INL)

Motion for a resolution
Paragraph 4
4. Underlines the transnational nature of gender-based cyberviolence,all human rights violations, including gender-based cyberviolence; stresses that gender-based cyberviolence has additional transnational implications considering the cross-border dimension of the use of ICT;
2021/07/12
Committee: LIBEFEMM
Amendment 212 #

2020/2035(INL)

Motion for a resolution
Paragraph 5
5. Calls on the Member States to promote awareness -raising, to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; adequate national legislation, including criminal justice legislation, as well as specific policies and programmes to prevent gender-based cyberviolence such as educational programmes to address the root causes of gender-based violence in order to remove gender stereotypes and change social and cultural attitudes and programmes on digital education, literacy and skills, as well as policies and programmes to support and ensure reparation for the victims, including measures and education/trainings for justice officials and police forces for a better care of the victims of gender-based cyberviolence who decide to file complaints and face many obstacles when they want to do so, and to fight against impunity for those who commit such acts, including by revising and amending the current national provisions related to restraining orders that do not include breaching restraining orders through cyberviolence;
2021/07/12
Committee: LIBEFEMM
Amendment 223 #

2020/2035(INL)

Motion for a resolution
Paragraph 5 a (new)
5 a. Highlights that the failure to address the lack of trust and confidence in the law enforcement authorities by survivors of gender-based violence is an important contributor for underreporting; calls on the Member States to invest in training and capacity building of police officers to equip them with the soft skills to carefully listen, understand and respect all survivors of gender-based violence to address underreporting, re-victimisation and create a safer environment for survivors; recalls the need to ensure accessible and safe reporting procedures and mechanisms, as well as remedies for survivors of gender-based violence; urges the Commission and the Member States to step up efforts in this direction;
2021/07/12
Committee: LIBEFEMM
Amendment 235 #

2020/2035(INL)

Motion for a resolution
Paragraph 6
6. Urges the Commission and the Member States to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence, including cyberviolence; recalls that comprehensive disaggregated and comparable data would help to measure the scale of the phenomenon and to find solutions; calls on the Member States to collect and provide the relevant data when requested, including to Eurostat; welcomes the Commission’s commitment to carry out a EU survey on gender-based violence with the results to be presented in 2023;
2021/07/12
Committee: LIBEFEMM
Amendment 249 #

2020/2035(INL)

Motion for a resolution
Paragraph 7
7. Notes that inter alia stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and lack of sense of control, and fear or even suicidal thoughts, caused by cyberviolence, can have an impact on mental health;
2021/07/12
Committee: LIBEFEMM
Amendment 252 #

2020/2035(INL)

Motion for a resolution
Paragraph 8
8. Underlines that gender-based cyberviolence generates psychological, social and economic consequencesimpacts; notes that gender-based cyberviolence affects women and girls in different ways as a consequence of overlapping forms of discrimination based, on top of their gender, on their sexual orientation, race, religion or disability, among other, and recalls that an intersectional approach is crucial to understanding these specific forms of discrimination;
2021/07/12
Committee: LIBEFEMM
Amendment 260 #

2020/2035(INL)

Motion for a resolution
Paragraph 9
9. Calls on the Member States to give particular attention to women and girls belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific free of charge support services and educational programmes, including emergency and long-term support, such as psychological, medical, legal, practical and socio-economic support, and programmes, particularly on digital education, literacy and skills, dedicated to those specific groups;
2021/07/12
Committee: LIBEFEMM
Amendment 267 #

2020/2035(INL)

Motion for a resolution
Paragraph 9 a (new)
9 a. Is concerned that most perpetrators of gender-based violence are men; underlines the essential role of education to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms; is further concerned that men’s violence against women often starts with boy’s violence against girl’s, and considers that measures to address this phenomenon must start at an early age;
2021/07/12
Committee: LIBEFEMM
Amendment 269 #

2020/2035(INL)

Motion for a resolution
Paragraph 10
10. Deplores the fact that gender-based cyberviolence reduces the participation of women in publicand LGBTI people from public life and debate which, as a consequence, erodegrades theour democratic principles of the Unioncy and prevents women and LGBTI people to fully enjoy their fundamental rights and freedoms; further deplores that gender-based cyberviolence also leds to self-censorship; regrets that thatis ‘silencing effect’ has been particularly aimed at targeting women activists, journalists and, politicians, human rights defenders, artists and bloggers, with the intention of discouraging the presence of women in the political life and decision- making spheres; is concerned that the chilling effect caused by gender-based cyberviolence is often spilled over into reality offline;
2021/07/12
Committee: LIBEFEMM
Amendment 281 #

2020/2035(INL)

Motion for a resolution
Paragraph 11
11. Recallgrets the fact that the gender gap exists across all digital technology domains, including new technologies such as AI, but is especially concerned about the gender gap in the field of technological innovation and research; reminds that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls’ entry into the ICT and digital fields; stresses the need to tackle the gender gap in the ICT sector through education,urges the Commission and the Member States to tackle the gender gap particularly in sectors such as the ICT and STEM, notably through facilitating the access of women and girls to education and academia in these sectors, and promoting awareness- raising campaigns and the promotion of the representation of women in these sectors, in particular in decision-making positions;
2021/07/12
Committee: LIBEFEMM
Amendment 291 #

2020/2035(INL)

Motion for a resolution
Paragraph 11 a (new)
11 a. Points out that discourses around information and communication technology, participation, access rights and safety in technology and online are often not informed by a narrative of gender-based violence despite its prevalence;
2021/07/12
Committee: LIBEFEMM
Amendment 292 #

2020/2035(INL)

Motion for a resolution
Paragraph 11 b (new)
11 b. Takes note of the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and of its fifth evaluation round, which found that most of the IT companies should improve their feedback to users’ notifications; recalls that civil society organisations should be included in evaluations and reviews of the Code of Conduct; highlights that the IT companies participating in the Code of Conduct only review requests for removal against their terms and conditions and community guidelines; acknowledges that while IT companies could have a supporting role, a wide margin of discretion to determine what violates their terms and conditions has been left to them;
2021/07/12
Committee: LIBEFEMM
Amendment 297 #

2020/2035(INL)

Motion for a resolution
Paragraph 12
12. Underlines the need to protect, empower, support and ensure reparation for victims of gender-based cyberviolence; calls on the Member States to ensure quality training for practitioners and other professionals, including for social services staff, law enforcement officers and justice officials, in cooperation with civil society organizations, to increase the resources to support victims of gender- based cyberviolence and to establish a clear protocol to aid victims of gender- based cyberviolence, as well as to avoid re-victimization; further calls on the Member States to ensure that the training for all practitioners includes a gender- responsive approach;
2021/07/12
Committee: LIBEFEMM
Amendment 345 #

2020/2035(INL)

Motion for a resolution
Paragraph 16
16. Requests that the Commission submit, without undue delay, on the basis of Article 83(1), first subparagraph, TFEU, a proposal for an act establishingthat includes measures to combat gender-based cyberviolence following, the recommendations set out in the Annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross- border dimension pursuant to Article 83(1), third subparagraph, TFEU or any derivative legal acts onand a holistic directive to prevent and combat gender- based violence, both online and offline, as requested by Parliament in its previous calls;
2021/07/12
Committee: LIBEFEMM
Amendment 347 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
The objective of the directive should be to establishis proposal is to include in the upcoming directive on combating gender-based violence minimum rules concerning the definition of the crime of gender-based cyberviolence and related sanctions, to establish measures to promote and support the action of Member States in the field of prevention of that crime and measures to protect, support and ensure reparation for the victims.
2021/07/12
Committee: LIBEFEMM
Amendment 349 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – subheading -1 (new)
Gender-based cyberviolence is a form of gender-based violence and is defined as any act of gender-based violence that is committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the Internet, social media platforms or email, against a woman because she is a woman or affects women disproportionately, or against LGBTI people because of their gender identity, gender expression or sex characteristics, and results in, or is likely to result in physical, sexual, psychological or economic harm, including threats to carry out such acts, coercion or arbitrary deprivation of liberty, in public or private life;
2021/07/12
Committee: LIBEFEMM
Amendment 350 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 2
Aside from that, measures that aim to prevent gender-based cyberviolence and to assisprotect and support victims could be established on the basis of Article 83(1) TFEU because they are accessory to the main objective of the directive.
2021/07/12
Committee: LIBEFEMM
Amendment 352 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 3
The scope should cover any form of gender-based violence committed, assisted or aggravated in part or fully by the use of ICT, such as mobile phones and smartphones, the internet, social media platforms or email, against a woman because she is a woman, or affects women disproportionately or against LGBTI people on the grounds of gender identity, gender expression or sex characteristics.
2021/07/12
Committee: LIBEFEMM
Amendment 355 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – introductory part
Although it is not possible to present an exhaustive typology of the different forms of gender-based cyberviolence that affect women and LGBTI people on the grounds of gender identity, gender expression or sex characteristics, because it is constantly evolving and new forms are emerging, the following types should be mentioned and defined:
2021/07/12
Committee: LIBEFEMM
Amendment 357 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3
- ICT-related violations of privacy (including the accessing, sharing, creation and manipulation of private data or images, including intimate data without consent,specifically including image-based sexual abuse and, which refers to the non- consensual disclosure ofcreation and/or distribution of private sexual images, doxxing, and identity theft);
2021/07/12
Committee: LIBEFEMM
Amendment 360 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 3 a (new)
- Recording and sharing images of rapes or other forms of sexual assault,
2021/07/12
Committee: LIBEFEMM
Amendment 362 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 5
- threats (including direct threats and, threats of violenceand calls to violence, such as rape threats, extortion, sextortion, blackmail);
2021/07/12
Committee: LIBEFEMM
Amendment 365 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 6
- sexist hHate speech (including: posting and sharing violent content, use of sexist or gendered comments and insults, abusingcontent inciting to violence or hatred directed against women for expressing their own views and for turning away sexual advanceLGBTI people on the grounds of their gender identity, gender expression or sex characteristics);
2021/07/12
Committee: LIBEFEMM
Amendment 368 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 4 – indent 11
- direct violence.deleted
2021/07/12
Committee: LIBEFEMM
Amendment 372 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 2 – paragraph 5
The personal scope of the proposal should cover all victims of gender-based cyberviolence, with a specific recognition of intersectional forms of discrimination and victims participating in public life., which include the following: - Women and girls in all their diversity - LGBTI people on the grounds of gender identity, gender expression or sex characteristics,
2021/07/12
Committee: LIBEFEMM
Amendment 375 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 1
- awareness-raising and educational programmes involving all relevant actors and stakeholders to address the root causes of gender-based cyberviolence, within the general context of gender-based violence in order to bring about changes in social and cultural attitudes and remove gender stereotypes, while promoting responsible behaviour in the online space, with special regard ton social media platforms, and increasing literacy about the safe use of the internet;
2021/07/12
Committee: LIBEFEMM
Amendment 377 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 2
- research on gender-based cyberviolence (including causes, prevalence, impact);, victims, perpetrators, manifestations, channels and need for support services), including studies and adjustment of crime statistics of gender based cyberviolence to derive legislative and non-legislative needs. Research on gender-based cyberviolence should include data collection that is disaggregated, intersectional in perspective and holistic in scope
2021/07/12
Committee: LIBEFEMM
Amendment 381 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3
- Mainstream digital education, literacy and skills, including in the school curricula, in order to promote an enhanced understanding of digital technologies and the empowerment of users, to improve digital inclusion, to ensure the respect for fundamental rights, to eliminate any gender inequality in access to technologies and to ensure gender diversity in the technology sector, particularly in the development of new technologies;
2021/07/12
Committee: LIBEFEMM
Amendment 382 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 a (new)
- Facilitate the access of women to education and academia in all digital technology domains in order to remove the gender gap.
2021/07/12
Committee: LIBEFEMM
Amendment 383 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 b (new)
- Ensure gender diversity in the tech sectors, such as ICT and STEM, particularly in the development of new technologies, including AI, and notably in decision-making positions.
2021/07/12
Committee: LIBEFEMM
Amendment 384 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 c (new)
- Promote integrated and comprehensive educational and treatment programmes aimed at preventing perpetrators from re-offending and at shifting behaviour and mindset away from violence, in cooperation with civil society organizations. Take into account community-based, restorative, and transformative justice approaches which are crucial to stopping the cycle of harm, also perpetuated by the justice system.
2021/07/12
Committee: LIBEFEMM
Amendment 385 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 d (new)
- Provide educational programmes to promote and address the equal status and power relation between men and women, boys and girls, as well as to eliminate gender stereotypes, biases and patriarchal gender norms.
2021/07/12
Committee: LIBEFEMM
Amendment 386 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 3 e (new)
- Promote and share best practices in access to justice, sentencing and remedies that have a gender-responsive approach.
2021/07/12
Committee: LIBEFEMM
Amendment 388 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 5
- support to civil society organisations working in the field of prevention of gender-based violence, including by providing financing support, as well as recognition of these organisations by ensuring that victims are referred to these by authorities and law enforcement.
2021/07/12
Committee: LIBEFEMM
Amendment 389 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 6
- promotion of focused and continuous training for practitioners and other professionals, including in social services andstaff, law enforcement agencies; officers, justice officials and other relevant actors to ensure that the causes and impacts of gender-based cyberviolence are understood and victims are treated appropriatedly, and ensure that training for all practitioners has a gender- responsive approach.
2021/07/12
Committee: LIBEFEMM
Amendment 391 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 a (new)
- Ensure recognition of the digital dimension of gender-based violence in national strategies, programmes and action plans as part of a holistic response to all forms of gender-based violence.
2021/07/12
Committee: LIBEFEMM
Amendment 394 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 b (new)
- Ensure that all measures prevent re-traumatization and stigmatization of victims of gender-based cyberviolence.
2021/07/12
Committee: LIBEFEMM
Amendment 395 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 c (new)
- Ensure the participation of civil society organizations in the evaluations and reviews of the Code of Conduct on Countering Illegal Hate Speech Online and ensure that IT companies improve their feedback to users’ notifications, thus react quickly and effectively to the content flagged as illegal.
2021/07/12
Committee: LIBEFEMM
Amendment 396 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant that those users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration.
2021/07/12
Committee: LIBEFEMM
Amendment 397 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – indent 7 e (new)
- All measures should be victims- centred and have an intersectional approach.
2021/07/12
Committee: LIBEFEMM
Amendment 398 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – title
Recommendation 4 on protection of, support to and compensreparation of victims
2021/07/12
Committee: LIBEFEMM
Amendment 399 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
- promote specificmandatory specific and continuous training for - practitioners and professionals dealing with victims of gender-based cyberviolence, including law enforcement authorities, social, child and healthcare staff, criminal justice actors and members of the judiciary; Union-wide training programmes could be implemented in the framework of the Justice and the Citizens, Equality, Rights and Values programmes; in particular, emphasis should be given to secondary victimisation and how to avoid it, to the dual dimension of gender-based violence (online/offline) and to intersectional discrimination, as well as to the assistance of victims with special needs;
2021/07/12
Committee: LIBEFEMM
Amendment 401 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 a (new)
- Ensure that all training for practitioners have a gender-responsive approach and that the programme includes actions to abstain from practicing institutional behaviours that make individuals relive the trauma of the attack and thus add on to the negative experience (re-victimisation and stigmatisation).
2021/07/12
Committee: LIBEFEMM
Amendment 402 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1 b (new)
- Install specialized contact points in social services and law enforcement agencies with special staff trained on gender-based cyberviolence as focal points for victims to report gender-based cyberviolence in an environment that is safe and comfortable for them. Contact points should be coordinated. These measures would contribute to address underreporting, re-victimisation and create a safer environment for victims of gender-based violence.
2021/07/12
Committee: LIBEFEMM
Amendment 403 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2
- fFacilitatinge access to information in a language that the victim can understand, particularly on the legal avenues and support services, and developing specific services for victims of cyberviolence (helplines, shelters);
2021/07/12
Committee: LIBEFEMM
Amendment 405 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 2 a (new)
- Equip the national telephone helplines with the necessary resources and expertise to also respond to the digital dimension of gender-based violence.
2021/07/12
Committee: LIBEFEMM
Amendment 406 #

2020/2035(INL)

- Set up an EU wide telephone helpline as a contact point for victims across the EU and ensure that victims can easily and freely use it.
2021/07/12
Committee: LIBEFEMM
Amendment 407 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3
- fFacilitatinge reports by victims, allowing them to obtain protection orders, and developing redress mechanisms with adequate compensreparation measures;
2021/07/12
Committee: LIBEFEMM
Amendment 409 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 a (new)
- Individual assessments to identify the specific needs of the victims.
2021/07/12
Committee: LIBEFEMM
Amendment 410 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 b (new)
- Remove all the obstacles, including bureaucratic obstacles, that victims who decide to file a complaint may face.
2021/07/12
Committee: LIBEFEMM
Amendment 411 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 c (new)
- Create complaints mechanisms that are easily and immediately accessible to victims, including by digital means.
2021/07/12
Committee: LIBEFEMM
Amendment 412 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 d (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to warrant the accessibility of a qualified notification procedure in the form that individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity and that content notified through this procedure is to be suspended within 48 hours.
2021/07/12
Committee: LIBEFEMM
Amendment 413 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 e (new)
- For online platforms that are primarily used for the dissemination of user generated pornographic content, ensure that the platforms take the necessary technical and organisational measures to a warrant professional human-powered content moderation, where content having a high probability of being illegal, such as content depicting to be voyeuristic or enacting rape scenes, is reviewed.
2021/07/12
Committee: LIBEFEMM
Amendment 414 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 3 f (new)
- Ensure that victims have access to justice, remedies, as well as to safe and accessible reporting procedures and mechanisms, particularly in the country of residence. Access to remedies should not be contingent on the filing of a complaint.
2021/07/12
Committee: LIBEFEMM
Amendment 415 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4
- dDeveloping cooperation mechanisms between relevant actors, such as social services, the judiciary, public prosecutors, law enforcement agencies, local and regional authorities and CSOs.
2021/07/12
Committee: LIBEFEMM
Amendment 416 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 a (new)
- Support to civil society organisations, particularly those that provide service, including by providing financing support.
2021/07/12
Committee: LIBEFEMM
Amendment 418 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 b (new)
- Promotion of the ethical development and use of technological solutions that support victims and that help identify perpetrators, in line with fundamental rights.
2021/07/12
Committee: LIBEFEMM
Amendment 420 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 c (new)
- All actions should be victims- centred and have an intersectional approach.
2021/07/12
Committee: LIBEFEMM
Amendment 421 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4 d (new)
- The Commission should develop guiding principles for law enforcement officials when dealing with victims who are reporting gender-based cyberviolence, which should equip them with the necessary soft skills to carefully listen, understand and respect all victims of gender-based violence. The guiding principles should have agender- responsive approach.
2021/07/12
Committee: LIBEFEMM
Amendment 422 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 a (new)
Develop protection and support services which are accessible to all victims, free of charge including emergency and long- term support, such as psychological, medical, legal, practical and socio- economic support, taking into account the specific needs of the victims, and give particular attention to victims belonging to groups put in a vulnerable situation.
2021/07/12
Committee: LIBEFEMM
Amendment 424 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 a (new)
- Specific provisions indicating the guidelines for the investigation and prosecution mainly addressed to law enforcement and prosecutors, which should also contain specific indications for law enforcement on evidence collection.
2021/07/12
Committee: LIBEFEMM
Amendment 425 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 b (new)
- Ensure effective cooperation between law enforcement authorities and tech companies and service providers, especially with regards to identification of perpetrators and gathering of evidence, which should be in full compliance with fundamental rights and freedoms and data protection rules.
2021/07/12
Committee: LIBEFEMM
Amendment 426 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 3 c (new)
- Any evidence should be gathered in a way that it does not cause secondary victimisation and re-traumatisation of the victim.
2021/07/12
Committee: LIBEFEMM
Amendment 427 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 4
- aggravating circumstances, depending on the profile of the women and girl victims (exploiting specific characteristics, vulnerabilities of women and girls online)victim;
2021/07/12
Committee: LIBEFEMM
Amendment 429 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5
- aAll actions should be victim- centred and have an intersectional approach.
2021/07/12
Committee: LIBEFEMM
Amendment 430 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 a (new)
- Risk assessments should have a section to include and consider behavioural patterns and gendered aspects of the incident, such as stereotypes, discrimination, sexualized threats and intimidation. This information should be used to determine follow-up actions and to enhance the collection of data related to the different manifestations of gender-based cyberviolence.
2021/07/12
Committee: LIBEFEMM
Amendment 431 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 5 – paragraph 1 – indent 5 b (new)
- Ensure that the burden of proof is not on the victims’ side.
2021/07/12
Committee: LIBEFEMM
Amendment 432 #

2020/2035(INL)

Motion for a resolution
Annex I – Recommendation 6 – paragraph 1
The Commission and Member States should regularly collect and publish comprehensive disaggregated and comparable data on gender-based cyber violence, in particularthus here on the different forms of gender-based cyberviolence, not only based onon the basis of the law enforcement reports or CSOs, but also on women’s experiencesf victims’ experiences. Member States’ data should be made available through the Gender Statistics database (EIGE) and should ensure to make the best use of EIGE’s capacities and resources in collecting data on gender-based cyberviolence. The Commission should submit on a regularly basis a report to the European Parliament and the Council assessing to which extent Member States have taken measures following this Directive.
2021/07/12
Committee: LIBEFEMM
Amendment 1 #

2020/2017(INI)

Draft opinion
Paragraph -1 (new)
-1. Whereas AI has the potential to offer solutions for day-to-day challenges of the education sector such as the personalisation of learning, monitoring learning difficulties and automation of subject-specific content/knowledge, providing better professional training and support the transition to a digital society;
2020/04/15
Committee: IMCO
Amendment 2 #

2020/2017(INI)

Draft opinion
Paragraph -1 a (new)
-1 a. Whereas AI could have practical applications in reducing the administrative work of educators and education institutions and to free up time for their core teaching and learning activities;
2020/04/15
Committee: IMCO
Amendment 3 #

2020/2017(INI)

Draft opinion
Paragraph -1 b (new)
-1 b. Whereas the application of AI in education raises concerns around the ethical use of data, learners’ rights, data access, protection of personal data and therefore entails fundamental rights’ risks such as the creation of stereotyped models of learners' profiles and behaviour that could lead to discrimination or risks of doing harm by the scaling-up of bad pedagogical practices;
2020/04/15
Committee: IMCO
Amendment 4 #

2020/2017(INI)

Draft opinion
Paragraph -1 c (new)
-1 c. Whereas AI applications are omnipresent in the audio-visual sector, in particular on audio-visual content platforms;
2020/04/15
Committee: IMCO
Amendment 5 #

2020/2017(INI)

Draft opinion
Paragraph -1 d (new)
-1 d. Whereas recommendation algorithms and personalised marketing have the potential to improve the consumers’ experience, but come with risks such as selective presentation of content based on gender or other grounds, ever more extreme content presented in order to increase the time spent on the platform and a selective presentation of news;
2020/04/15
Committee: IMCO
Amendment 22 #

2020/2017(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Underlines that algorithmic systems can be an enabler for reducing the digital divide in an accelerated way, but unequal deployment is of nature of creating new divides or accelerate the deepening of the existing ones; calls for measures and investments meant to ensure the cohesion and sharing of the benefits of AI and related technologies;
2020/04/15
Committee: IMCO
Amendment 37 #

2020/2017(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to include the education sector in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; underlines that data sets used to train AI and the outputs should be reviewed to avoid reinforcing gender stereotypes and other biases;
2020/04/15
Committee: IMCO
Amendment 43 #

2020/2017(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Underlines the importance of training highly skilled professionals in this area, including ethical aspects in their curriculums, and supporting underrepresented groups in the field; as well as creating incentives for highly skilled professionals to seek work within the European Union;
2020/04/15
Committee: IMCO
Amendment 78 #

2020/2017(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Recalls the importance of promoting, encouraging and supporting in a tailored and inclusive manner a level of media, digital and information literacy that enables the competent and critical consideration of and use of algorithmic systems;
2020/04/15
Committee: IMCO
Amendment 109 #

2020/2017(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Notes that the access to data is a challenge that stakeholders face and might have an impact on developing and AI ecosystem; points toward anachronic legislation like the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases and calls for its removal.
2020/04/15
Committee: IMCO
Amendment 129 #

2020/0374(COD)

Proposal for a regulation
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading but also to the benefit of consumers with a greater choice in products and services provided.
2021/07/09
Committee: IMCO
Amendment 130 #

2020/0374(COD)

Proposal for a regulation
Recital 2
(2) Core platform services, at the same time, feature a number of characteristics that can be exploited by their providers. These characteristics of core platform services include among others extreme scale economies, which often result from nearly zero marginal costs to add business users or end users. Other characteristics of core platform services are very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, a significant degree of dependence of both business users and end users, lock-in effects, a lack of multi- homing for the same purpose by end users, vertical integration, and data driven- advantages. All these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services, as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users, and lowering of consumer protection standards; leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice, and therefore can confer to the provider of those services the position of a so-called gatekeeper. End users are similarly affected by unfair practices by gatekeepers and their interests should be taken into account in the obligations to be imposed under this Regulation.
2021/07/09
Committee: IMCO
Amendment 151 #

2020/0374(COD)

Proposal for a regulation
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice tocomplement their application.
2021/07/09
Committee: IMCO
Amendment 152 #

2020/0374(COD)

Proposal for a regulation
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive (EU) 2019/790 of the European Parliament and of the Council29 and Directive 2002/58/EC29a, Directive (EU) 2015/2366 of the European Parliament and of the Council30 , Directive (EU) 2019/88230a, Directive(EU) 2018/180830b, and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. _________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (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). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 29aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 30aDirective (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (Text with EEA relevance) 30bDirective (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 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
2021/07/09
Committee: IMCO
Amendment 156 #

2020/0374(COD)

Proposal for a regulation
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus on ally onf those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
2021/07/09
Committee: IMCO
Amendment 160 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practice, including business-to-business clouds, online advertising services, embedded digital services in vehicles, browsers, virtual assistant, connected tv and collaborative economy services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. Collaborative economy services, especially short term rental and online hotel reservation services are present in a market characterised by a high level of concentration. Due to their position on the market and their capacity to connect end users and business users they have substantial influence on the strategy and price setting of their business users. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/07/09
Committee: IMCO
Amendment 164 #

2020/0374(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to sell goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes.
2021/07/09
Committee: IMCO
Amendment 168 #

2020/0374(COD)

Proposal for a regulation
Recital 15
(15) The fact that a digital service qualifies as a core platform service in light of its widespread and common use and its importance for connecting business users and end users does not as such give rise to sufficiently serious concerns of contestability and unfair practices. It is only when a core platform service constitutes an important gateway and is operated by a provider with a significant impact in the internal market and an entrenched and durable position, or by a provider that will foreseeably have such a position in the near future, subject to a market investigation or to an assessment by the Commission based on a notification submitted in line with article 12, that such concerns arise. Accordingly, the targeted set of harmonised rules laid down in this Regulation should apply only to undertakings designated on the basis of these three objective criteria, and they should only apply to those of their core platform services that individually constitute an important gateway for business users to reach end users.
2021/07/09
Committee: IMCO
Amendment 183 #

2020/0374(COD)

Proposal for a regulation
Recital 22
(22) Such thresholds can be impacted by market and technical developments. The Commission should therefore be empowered to adopt delegated acts to specify the methodology for determining whether the quantitative thresholds are met, and to regularly adjust ithis methodology to market and technological developments where necessary. This is particularly relevant in relation to the threshold referring to market capitalisation, which should be indexed in appropriate intervals.
2021/07/09
Committee: IMCO
Amendment 185 #

2020/0374(COD)

Proposal for a regulation
Recital 23
(23) Providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, they do not fulfil the objective requirements for a gatekeeper, should not be designated directly, but only subject to a further investigation. The burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be bbe subject to an assessment by the Commission whether they qualify or not as a gatekeeper in light of the argument presented. This assessment should be done within specific time-limits and not lead to undue delay in designating the provider of a corne by that providplatform service as a gatekeeper. In its assessment, the Commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper, namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position, either actual or foreseeable. Any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded, as it is not relevant to the designation as a gatekeeper. The Commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/07/09
Committee: IMCO
Amendment 190 #

2020/0374(COD)

Proposal for a regulation
Recital 26
(26) A particular subset of rules should apply to those providers of core platform services that are foreseen to enjoy an entrenched and durable position in the near future, for instance because the Commission has been notified of an intended concentration in line with Article 12(1) and assessed its impact on the contestability of digital markets. The same specific features of core platform services make them prone to tipping: once a service provider has obtained a certain advantage over rivals or potential challengers in terms of scale or intermediation power, its position may become unassailable and the situation may evolve to the point that it is likely to become durable and entrenched in the near future. Undertakings can try to induce this tipping and emerge as gatekeeper by using some of the unfair conditions and practices regulated in this Regulation. In such a situation, it appears appropriate to intervene before the market tips irreversibly.
2021/07/09
Committee: IMCO
Amendment 196 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sector. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the digital sector and can therefore be a useful factor, including for consideration in the context of the market investigations foreseen by this Regulation, as well as trigger behavioural or structural remedies on gatekeepers to restore contestability and fairness on digital markets.
2021/07/09
Committee: IMCO
Amendment 200 #

2020/0374(COD)

Proposal for a regulation
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, including through product design, structure, function or manner of operation capable of influencing user’s choice or autonomy, or through agreements with third party business partners of the gatekeepers insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation.
2021/07/09
Committee: IMCO
Amendment 206 #

2020/0374(COD)

Proposal for a regulation
Recital 34 a (new)
(34 a) The network effect is one of the factors that accelerated very large online platforms growth, increasing the value of their services to its users and the user base. When combined with the increased level of integration that technology has in most people's lives, this effect has a chilling effect on the choice that consumers have. Data portability requirements are a first step in re- establishing the freedom of choice but in some particular cases more measures are needed. Looking how communication markets evolved over time and the changes in communication habits, it can be concluded that some services offered by online platforms are replacing services like voice and SMS communications, services that come with interconnection and interoperability requirements. Due to its social importance, access to internet was recently included in the Universal Service obligations, and as a particular case of services, number independent interpersonal communication services are subject to potential remedies by National Regulatory Agencies according to Article 61 (2) c) of the Directive2018/1792, the European Electronic Communication Code (EECC). As this regulation applies in the particular case of gatekeepers meaning entities that have been already assessed as having a significant impact on the internal market and end-to-end connectivity is endangered, it should be compulsory to build up on the EECC provisions and introduce a interoperability requirement for gatekeepers services that are social media or number independent interpersonal communication services.
2021/07/09
Committee: IMCO
Amendment 209 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner.
2021/07/09
Committee: IMCO
Amendment 214 #

2020/0374(COD)

(36 a) Individual consent, expressed in accordance with Regulation (EU)2016/679 is always needed in order to combine personal data across services. Article 5(a) of this Regulation should not be understood as suggesting that platforms that are not designated as gatekeepers may act without the individual’s consent. It needs to be recalled that consent is not the only necessary requirement for data processing, and data limitation should guide the collection and use of data in all online activities.
2021/07/09
Committee: IMCO
Amendment 215 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or through direct business channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services or direct distribution channels , limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services or other direct distribution channels and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or, de-listing of the offers or less favourable display of business users in the ranking.
2021/07/09
Committee: IMCO
Amendment 231 #

2020/0374(COD)

Proposal for a regulation
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law. This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
2021/07/09
Committee: IMCO
Amendment 240 #

2020/0374(COD)

Proposal for a regulation
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre-installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
2021/07/09
Committee: IMCO
Amendment 245 #

2020/0374(COD)

Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services based on contextual information, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain.
2021/07/09
Committee: IMCO
Amendment 259 #

2020/0374(COD)

Proposal for a regulation
Recital 47
(47) The rules that the gatekeepers set for the distribution of software applications may in certain circumstances restrict the ability of end users to install and effectively use third party software applications or, software application stores or repositories on operating systems or hardware of the relevant gatekeeper and restrict the ability of end users to access these software applications or, software application stores or repositories outside the core platform services of that gatekeeper. Such restrictions may limit the ability of developers of software applications to use alternative distribution channels and the ability of end users to choose between different software applications from different distribution channels and should be prohibited as unfair and liable to weaken the contestability of core platform services. In order to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper the gatekeeper concerned may implement proportionate technical or contractual measures to achieve that goal if the gatekeeper demonstrates that such measures are necessary and justified and that there are no less restrictive means to safeguard the integrity of the hardware or operating system.
2021/07/09
Committee: IMCO
Amendment 269 #

2020/0374(COD)

Proposal for a regulation
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace or in results provided to a search through virtual assistants. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 281 #

2020/0374(COD)

Proposal for a regulation
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
2021/07/09
Committee: IMCO
Amendment 292 #

2020/0374(COD)

Proposal for a regulation
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may also restrict access to some of the functionalities in this device, such as near- field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner thatrestrictive measure is used to prevents alternative providers of ancillary services or of any software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillaryof its services by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 295 #

2020/0374(COD)

Proposal for a regulation
Recital 53
(53) The conditions under which gatekeepers provide online advertising services based on contextual information to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper for the purpose of digital advertising based on contextual information and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
2021/07/09
Committee: IMCO
Amendment 298 #

2020/0374(COD)

Proposal for a regulation
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to suchaggregated and non-aggregated non- personal data. Such access should also be given to third parties contracted by the business user, who are acting as processors of this data for the business user. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
2021/07/09
Committee: IMCO
Amendment 301 #

2020/0374(COD)

Proposal for a regulation
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform serviceprovided that the gatekeeper is able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
2021/07/09
Committee: IMCO
Amendment 303 #

2020/0374(COD)

Proposal for a regulation
Recital 57
(57) In particular gatekeepers which provide access to software application stores, online search engine and online social networking service serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores which can result in an adverse effect on end users' right to receive and impart information and ideas, and ultimately affect media pluralism, diversity of opinion as well as competition. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, especially those that are SMEs on a given sectorial market, such as small press publishers, particularly when accessing online search engine and online social networks, on the other hand, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. Determining the fairness of general access conditions should lead to the opportunity to make the revenue stream of digital content providers, such as press publishers being in a dominant position on their market, more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. It should also be without prejudice to the ability of business that are SMEs on a given sectorial market, such as small press publishers, to offer royalty-free licenses in order to ensure access to their content, visibility on online search engines and online social networking services, and it should be without prejudice to the ability of end-users to perform acts of hyperlinking in according to Article15(1) of Directive (EU) 2019/790.
2021/07/09
Committee: IMCO
Amendment 319 #

2020/0374(COD)

Proposal for a regulation
Recital 58
(58) To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue conducted within legally binding deadlines with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
2021/07/09
Committee: IMCO
Amendment 320 #

2020/0374(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) The Commission should also be able to swiftly adopt decisions in case of non-compliance of a gatekeeper with the obligations laid down in this Regulation. In taking such decisions, the Commission should be allowed to specify the measures that would be needed to ensure full compliance with this Regulation and restore the contestability of digital markets when it has been undermined.
2021/07/09
Committee: IMCO
Amendment 322 #

2020/0374(COD)

Proposal for a regulation
Recital 59
(59) As an additional element to ensure proportionality, gatekeepers should be given an opportunity to request the temporary suspension, to the extent necessary, of a specific obligation in exceptional circumstances that lie beyond the control of the gatekeeper, such as for example an unforeseen external shock that has temporarily eliminated a significant part of end user demand for the relevant core platform service, where compliance with a specific obligation is shown by the gatekeeper to endanger the economic viability of the Union operations of the gatekeeper concerned. The Commission should state in its decision the reasons for granting the suspension and review it on a regular basis to asses if the conditions for granting it are still viable or not.
2021/07/09
Committee: IMCO
Amendment 328 #

2020/0374(COD)

Proposal for a regulation
Recital 61
(61) The data protection and privacy interests of end users are relevant to any assessment of potential negative effects of the observed practice of gatekeepers to collect and accumulate large amounts of data from end users. Ensuring an adequate level of transparency of profiling practices employed by gatekeepers facilitates contestability of core platform services, by putting external pressure on gatekeepers to prevent making deep consumer profiling the industry standard, given that potential entrants or start-up providers cannot access data to the same extent and depth, and at a similar scale. Enhanced transparency should allow other providers of core platform services to differentiate themselves better through the use of superior privacy guaranteeing facilities. To ensure a minimum level of effectiveness of this transparency obligation, gatekeepers should at least provide a description of the basis upon which profiling is performed, including whether personal data and data derived from user activity is relied on, the processing applied, the purpose for which the profile is prepared and eventually used, the impact of such profiling on the gatekeeper’s services, and the steps taken to enable end users to be aware of the relevant use of such profiling, as well as to seek their consent. The Commission should develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/07/09
Committee: IMCO
Amendment 341 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the caseIn imposing these remedies, the Commission should take into consideration if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concerned.
2021/07/09
Committee: IMCO
Amendment 352 #

2020/0374(COD)

Proposal for a regulation
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation. National competent authorities should assist the Commission in monitoring and enforcing obligations laid down in this Regulation by providing support and expertise to the Commission or by requesting the Commission to open a market investigation based on evidence collected.
2021/07/09
Committee: IMCO
Amendment 355 #

2020/0374(COD)

Proposal for a regulation
Recital 68 a (new)
(68 a) In order to ensure effective enforcement and compliance with this Regulation, it should be possible for interested third-parties to lodge a complaint when there is sufficient doubt on the non-compliance of a gatekeeper with the obligations laid down in this Regulation. The Commission should decide within an appropriate timeline on further action based on the evidence submitted.
2021/07/09
Committee: IMCO
Amendment 362 #

2020/0374(COD)

Proposal for a regulation
Recital 72 a (new)
(72 a) The Commission should be adequately staffed to ensure the successful implementation and effective enforcement of this Regulation.
2021/07/09
Committee: IMCO
Amendment 367 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. Natural or legal persons demonstrating sufficient interest shall also have the right to be heard. Parties that are directly affected by the obligations under Articles 5 and 6shall be considered to have sufficient interest but also organisations representing consumers interests where the proceedings concern products or services provided to end-users. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/07/09
Committee: IMCO
Amendment 371 #

2020/0374(COD)

Proposal for a regulation
Recital 77
(77) The advisory committee established in accordance with Regulation (EU) No 182//2011 should also deliver opinions on certain individual decisions of the Commission issued under this Regulation. In order to ensure contestable and fair markets in the digital sector across the Union where gatekeepers are present, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of the methodology for determining the quantitative thresholds for designation of gatekeepers under this Regulation and in respect of the update of the obligations laid down in this Regulation where, based on a market investigation the Commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. It is of particular importance that the Commission carries out appropriate consultations, including with interested third parties demonstrating legitimate interest, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201636 . 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. _________________ 36Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1).
2021/07/09
Committee: IMCO
Amendment 384 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present so as to contribute to the protection of fundamental rights and the integrity of democratic processes, as well as to foster innovation, increase consumer choice and ensure higher consumer protection standards .
2021/07/09
Committee: IMCO
Amendment 388 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to core platform services provided or offered by gatekeepers to business users established in the Union or end users established or located in the Union, irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service. Services acting in a non- commercial purpose capacity such as collaborative projects should not be considered as core services. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 11, 16, 47 and 50 thereof. Accordingly, this Regulation is interpreted and applied with respect to those rights and principles.
2021/07/09
Committee: IMCO
Amendment 402 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 , Regulation 2016/679, Directive 2002/58/EC, Directive (EU) 2019/882, Directive(EU) 2018/1808, as well as without prejudice to Union law on consumer protection and product safety. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
2021/07/09
Committee: IMCO
Amendment 423 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g
(g) cloud computing services, including business to business cloud;
2021/07/09
Committee: IMCO
Amendment 428 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) embedded digital services in vehicles;
2021/07/09
Committee: IMCO
Amendment 436 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) web browsers;
2021/07/09
Committee: IMCO
Amendment 438 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h c (new)
(h c) virtual assistants;
2021/07/09
Committee: IMCO
Amendment 440 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h d (new)
(h d) connected tv;
2021/07/09
Committee: IMCO
Amendment 441 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h e (new)
(h e) collaborative economy services;
2021/07/09
Committee: IMCO
Amendment 461 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
(13 a) 'embedded digital services in vehicles' means software embedded in vehicles including for the purpose of gaining insights into vehicle performance and driver behaviour, or for the purpose of accessing audio-visual media content;
2021/07/09
Committee: IMCO
Amendment 462 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
(13 b) 'Web browser’ means a client software programme that enables a user to navigate in the World Wide Web to access and display data or to interact with content hosted on servers that are connected to this network, including standalone web browsers, as well as web browsers integrated or embedded in software;
2021/07/09
Committee: IMCO
Amendment 463 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 c (new)
(13 c) 'virtual assistant’ means a software application that provides capabilities for oral dialogue with a user in natural language and which intermediates between end users and business users offering voice-based apps;
2021/07/09
Committee: IMCO
Amendment 464 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 d (new)
(13 d) 'connected tv` means a television set connected to the internet that allows user to perform online activities including music and video streaming, or viewing of pictures ;
2021/07/09
Committee: IMCO
Amendment 465 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 e (new)
(13 e) 'collaborative economy` refers to business models where activities are facilitated by collaborative platforms that create an open marketplace for the temporary usage of goods or services often provided by private individuals;
2021/07/09
Committee: IMCO
Amendment 472 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'Business users of small press publications’ means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing press publications that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC;
2021/07/09
Committee: IMCO
Amendment 487 #

2020/0374(COD)

(23 a) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in point 11 of Article 4 of Regulation (EU) 2016/679;
2021/07/09
Committee: IMCO
Amendment 490 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
(23 b) ‘profiling’ means any form of automated processing of personal data as defined in point 4 of Article 4 of Regulation (EU) 2016/679.
2021/07/09
Committee: IMCO
Amendment 496 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) it operates a core platform service which serves as an important gateway for business users or end users to reach other end users; and
2021/07/09
Committee: IMCO
Amendment 506 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a
(a) the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the last three financial years, or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least EUR 65 billion in the last financial year, and it provides a core platform service in at least threewo Member States;
2021/07/09
Committee: IMCO
Amendment 509 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the requirement in paragraph 1 point (b) where it provides aone or more core platform service that hascombine more than 4530 million monthly active end users established or located in the Union andor more than 10 000 yearly active business users established in the Union in the last financial year;
2021/07/09
Committee: IMCO
Amendment 525 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threundue delay and no later than one months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/07/09
Committee: IMCO
Amendment 537 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
2021/07/09
Committee: IMCO
Amendment 541 #

2020/0374(COD)

Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whetssess within the time- limits set in the first subparagraph the arguments provided by a gatekeeper to demonstrate that it does not satisfy the qualitative requirements of paragraph 1. Where the criteria in paragraph 1 are metprovider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall designate that provider as a gatekeeper.
2021/07/09
Committee: IMCO
Amendment 543 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met, and to regularly adjust ithe methodology to market and technological developments where necessary, in particular as regards the threshold in paragraph 2, point (a).
2021/07/09
Committee: IMCO
Amendment 546 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – introductory part
6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4.
2021/07/09
Committee: IMCO
Amendment 548 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, taking into account any intended concentration notified in line with Article 12(1);
2021/07/09
Committee: IMCO
Amendment 564 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.deleted
2021/07/09
Committee: IMCO
Amendment 567 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
2021/07/09
Committee: IMCO
Amendment 570 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify within the deadline set under paragraph 4 the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users and end users to reach end users as referred to in paragraph 1(b).
2021/07/09
Committee: IMCO
Amendment 580 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within sixthree months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 603 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
2021/07/09
Committee: IMCO
Amendment 606 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) refrain from delivering and displaying advertisement that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679;
2021/07/09
Committee: IMCO
Amendment 609 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
2021/07/09
Committee: IMCO
Amendment 616 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through direct business channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 635 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users or end user from raising issues with any relevant public authority or in front of national judiciary authority relating to any practice of gatekeepers;
2021/07/09
Committee: IMCO
Amendment 647 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users or end users to use, offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 663 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b)or any ancillary service as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article;
2021/07/09
Committee: IMCO
Amendment 678 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies digital advertising services based on contextual information, upon their request, with information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 696 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) allow end users to un-install any pre-installed software applications on its operating system;
2021/07/09
Committee: IMCO
Amendment 701 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
(g b) allow end users, business users of number independent interpersonal communication services and social network services to access to and interoperate with the gatekeepers services by providing open standards, open protocols including Application Programming Interface.
2021/07/09
Committee: IMCO
Amendment 721 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;
2021/07/09
Committee: IMCO
Amendment 731 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores or repositories using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores or repositories to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 763 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
2021/07/09
Committee: IMCO
Amendment 778 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary servicesservices free of charge access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services;
2021/07/09
Committee: IMCO
Amendment 788 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper for the purpose of digital advertising based on contextual information and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
2021/07/09
Committee: IMCO
Amendment 793 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise ofeffective portability of the personal data relating to her or him, including personal data generated through her or his activity as end-user of the platform service data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
2021/07/09
Committee: IMCO
Amendment 799 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated non- personal data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/07/09
Committee: IMCO
Amendment 807 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data provided that the gatekeepers able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks;
2021/07/09
Committee: IMCO
Amendment 813 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply transparent, fair and non- discriminatory general conditions of access for business users to its software application store designated pursuant to Article 3 of this Regulation. , and for business users SMEs on a given sectorial market to its online search engine and online social networking service designated pursuant to Article 3 of this Regulation;
2021/07/09
Committee: IMCO
Amendment 823 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) ensure that their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882. They shall also ensure that business users which rely on their core platform service to reach consumers for offering services and products in the scope of Directive (EU) 2019/882, comply with the requirements of Directive (EU) 2019/882;
2021/07/09
Committee: IMCO
Amendment 828 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
(k b) refrain from deploying subliminal techniques beyond a person`s consciousness in order to materially distort a person`s behaviour in a manner that can lead that person towards making certain choices by appealing to psychological biases driven by intermediation bias;
2021/07/09
Committee: IMCO
Amendment 832 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k c (new)
(k c) refrain from limiting end users’ ability to directly access business users or other end-users services or websites outside of the gatekeepers’ ecosystem from the gatekeeper platform service.
2021/07/09
Committee: IMCO
Amendment 856 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. The decision shall be public.
2021/07/09
Committee: IMCO
Amendment 865 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Paragraph 2 of this Article is without prejudice to the powers of the Commission under Articles 25, 26 and 27. In case of a non-compliance decision under Article 25 resulting in fines and penalties under Article 26, the period for non-compliance shall be presumed to start from the deadline set under Article 3(8).
2021/07/09
Committee: IMCO
Amendment 868 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate to gatekeepers its preliminary findings within three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. The Commission may consult interested third parties demonstrating sufficient interest when drafting the preliminary findings. The preliminary findings shall be public.
2021/07/09
Committee: IMCO
Amendment 878 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 a (new)
6a. For the purposes of specifying the obligations under Article 6(1) point (f),interoperability shall be defined by reference to the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allows end users of competing software and services and business users to dock on to the gatekeepers core service and to interoperate with it. Any processing of personal data by gatekeepers should comply with Regulation (EU) 2016/679, in particular articles 6(1)(a) and5(1)(c). Interoperability obligations shall not limit, hinder or delay the ability of intermediaries to address vulnerabilities in order to comply with an obligation under article 18 of COM(2020) 823 final or article 32(1)(c) of Regulation (EU) 2016/679.
2021/07/09
Committee: IMCO
Amendment 880 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 6 b (new)
6b. The Commission shall adopt implementing act establishing the technical specifications referred to in article 7(6a new). Those technical specifications shall meet the interoperability requirements set out in article 6(1)(f) and article 7(6a new).
2021/07/09
Committee: IMCO
Amendment 886 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. A gatekeeper may request within the time-limits set under Article 3(8) the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
2021/07/09
Committee: IMCO
Amendment 887 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7a. The powers granted to the Commission under this Article are without prejudice to the jurisdiction of national courts to ensure compliance with the obligations laid down in Articles 5 and 6 in legal proceedings between gatekeepers, business and end users, including in collective redress procedures pursuant to Directive (EU) 2020/18281a. _________________ 1aDirective (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.
2021/07/09
Committee: IMCO
Amendment 916 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 34 to update the existing obligations laid down in Articles 5 and 6, and add obligations where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
2021/07/09
Committee: IMCO
Amendment 926 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users and end users, and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper toeither on business or end users; or
2021/07/09
Committee: IMCO
Amendment 933 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature, including product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/07/09
Committee: IMCO
Amendment 939 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services including product design, structure, function or manner of operation capable of influencing user choice and autonomy or through agreements with third party business partners of the gatekeepers.
2021/07/09
Committee: IMCO
Amendment 951 #

2020/0374(COD)

Proposal for a regulation
Article 12 – title
12 Obligation to inform aboutPrior notification of concentrations
2021/07/09
Committee: IMCO
Amendment 956 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall informnotify to the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
2021/07/09
Committee: IMCO
Amendment 961 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall informnotify the Commission of such a concentration prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest.
2021/07/09
Committee: IMCO
Amendment 964 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. The notification pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, the categories of personal data they process, as well as the rationale of the intended concentration.
2021/07/09
Committee: IMCO
Amendment 966 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. The Commission should assess the impact on any intended concentration on the contestability of markets by taking into account, inter alia, the elements laid down in Article 3(6). If, following this assessment, it is demonstrated that a concentration would weaken the contestability of markets, the Commission shall impose proportionate behavioural or structural remedies to ensure compliance with this Regulation.
2021/07/09
Committee: IMCO
Amendment 967 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. If, following any concentration as provided in paragraph 1, it is demonstrated that additional core platform services individually satisfy the thresholds in point (b) of Article 3(2), the gatekeeper concerned shall inform the Commission thereof within three months from the implementation of the concentration and provide the Commission with the information referred to in Article 3(2).
2021/07/09
Committee: IMCO
Amendment 971 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The Commission shall develop, in consultation with the EU Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The audited description, as well as any relevant materials that is collected in the context of supervising the gatekeepers that relate to the processing of personal data, shall be shared by the Commission with any competent supervisory authority represented in the European Data Protection Board, upon its request.
2021/07/09
Committee: IMCO
Amendment 984 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 989 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within sixthree months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/07/09
Committee: IMCO
Amendment 992 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation within five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services within three months from the opening of the investigation.deleted
2021/07/09
Committee: IMCO
Amendment 998 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future based on a notification in line with Article 12(1), it shall declare applicable to that gatekeeper only obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
2021/07/09
Committee: IMCO
Amendment 1003 #

2020/0374(COD)

Proposal for a regulation
Article 16 – title
16 Market investigation into systematic non-compliance or concentration that weakens the contestability of markets
2021/07/09
Committee: IMCO
Amendment 1011 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relatior where the Commission assesses under Article 12 that any intended concentration has an adverse impact on to the characteristics under Article 3(1)ontestability of markets, the Commission mayshall by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1016 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may onlyalso impose structural remedies pursuant to paragraph 1 either where thwhere it consideres is no equallyt more effective than behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.ies in ensuring compliance with the obligations laid down in articles 5 and 6. Such structural remedies may include: - separation of business units; - unbundling and horizontal division of services; - changes to the gatekeeper’s financing model; - disgorging financial benefits to end- users;
2021/07/09
Committee: IMCO
Amendment 1021 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, whereas soon as the Commission has issued at least threewo non- compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Articleten years.
2021/07/09
Committee: IMCO
Amendment 1026 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. A gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), where its impact on the internal market has further increased, its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations.deleted
2021/07/09
Committee: IMCO
Amendment 1031 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned within sixthree months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/07/09
Committee: IMCO
Amendment 1065 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, imminent threats to the fairness and contestability of markets or the general considerations laid out in Article 1(1), the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
2021/07/09
Committee: IMCO
Amendment 1068 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. A decision pursuant to paragraph 1 may only be adopted in the context of proceedings opened in view of the possible adoption of a decision of non-compliance pursuant to Article 25(1). This decision shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.
2021/07/09
Committee: IMCO
Amendment 1075 #

2020/0374(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
(aa) the measures proposed by the gatekeeper have proven ineffective to ensure compliance with the obligations of Article 5 and 6;
2021/07/09
Committee: IMCO
Amendment 1078 #

2020/0374(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. The Commission mayshall take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in Articles 5 and 6 and the decisions taken pursuant to Articles 7, 16, 22 and 23.
2021/07/09
Committee: IMCO
Amendment 1086 #

2020/0374(COD)

The Commission shall adopt its decision within six months from the opening of a proceeding.
2021/07/09
Committee: IMCO
Amendment 1088 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide eximpose any appropriate remedies to ensure effective complianations on how it plans to comply with the decisce with the obligations laid down under Articles 5 and 6 and restore contestability and fairness on the markets in line with this Regulation.
2021/07/09
Committee: IMCO
Amendment 1094 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The gatekeeper shall provide the Commission with the description of the measures it took to ensure compliance with the decision adopted pursuant to paragraph 1. In case the non compliance persists following a review of the measures taken by the gatekeeper, the Commission shall propose amendments to these measures to ensure full compliance with obligations laid down under Articles 5 and 6.
2021/07/09
Committee: IMCO
Amendment 1117 #

2020/0374(COD)

Proposal for a regulation
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
2021/07/09
Committee: IMCO
Amendment 1125 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 1 a (new)
1a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 21(a) may also ask the Commission to hear other natural or legal persons with sufficient interest.
2021/07/09
Committee: IMCO
Amendment 1127 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. Gatekeepers, undertakings and 2. , associations of undertakings concerned and interested third-parties may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
2021/07/09
Committee: IMCO
Amendment 1129 #

2020/0374(COD)

Proposal for a regulation
Article 30 – paragraph 3
3. The Commission shall base its decisions only on objections on which gatekeepers, undertakings and, associations of undertakings concerned and interested third-parties have been able to comment.
2021/07/09
Committee: IMCO
Amendment 1132 #

2020/0374(COD)

Proposal for a regulation
Article 30 a (new)
Article 30 a Accountability 1. The Commission shall adopt an annual report on the state of the digital economy. This report shall provide an analysis of the market position, influence and business models of the gatekeepers in the common market. The report shall include a summary of its activities, in particular supervisory measures adopted under Chapter II and IV of this Regulation as well as an assessment on whether competition rules, the provisions of this Regulation (and Regulation XX/2021 Digital Services Act) and current enforcement levels are adequate to address anticompetitive conduct and ensure the contestability and fairness of digital markets. This annual report shall also include a social impact assessment, which assesses new digital products and services and their potential impact on mental health, user behaviour, disinformation, polarisation and democracy. In the fulfilment of this mandate, the Commission should coordinate its supervisory and monitoring efforts with those foreseen under the Digital Services Act, so as to achieve the best possible synergies. 2. The European Parliament through its competent committees may provide an opinion on an annual basis on the report by the Commission. 3. The Commission shall reply in writing to the opinion adopted by the European Parliament and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt. 4. At the request of the European Parliament, the Commission shall participate in a hearing before the European Parliament. A hearing shall take place at least bi-annually. The respective Commissioner shall make a statement before the European Parliament and answer any questions from its members, whenever so requested. In addition, a continuous, high-level dialogue between the European Parliament and the Commission shall be ensured through exchanges which take place no less than four times a year.
2021/07/09
Committee: IMCO
Amendment 1133 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and 21 shall be used only for the purposes of this Regulation.
2021/07/09
Committee: IMCO
Amendment 1138 #

2020/0374(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Without prejudice to the exchange and to the use of information provided for the purpose of use pursuant to Articles 12, 13, 32 and 33, the Commission, the authorities of the Member States, their officials, servants and other persons working under the supervision of these authorities and any natural or legal person, including auditors and experts appointed pursuant to Article 24(2), shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This obligation shall also apply to all representatives and experts of Member States participating in any of the activities of the Digital Markets Advisory Committee pursuant to Article 32.
2021/07/09
Committee: IMCO
Amendment 1151 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Role of national competent authorities and coordination by the Commission 1. Member State shall designate a competent authority to monitor compliance with obligations laid down in this Regulation and report regularly to the Commission on compliance with this Regulation. 2. National competent authorities may provide, under the coordination of the Commission, support to a market investigation or proceeding pursuant to Article 7(2), 15, 16, 17, 19, 20 by collecting information and providing expertise or by collecting complaints to be transferred to the Commission. 3. When collecting sufficient evidence for designation of a gatekeeper, non- compliance with the obligations laid down in Articles 5 and 6 or need to add new obligations, national competent authorities shall request the opening of a market investigation in accordance with Article 33.
2021/07/09
Committee: IMCO
Amendment 1156 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. When threone or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides that there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/07/09
Committee: IMCO
Amendment 1162 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
1a. When one or more Member States request the Commission to open an investigation pursuant to Article 16 because they consider that there are reasonable grounds to suspect that a provider of core platform services fails to comply with its obligations under Article 5 and 6, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides that there is no grounds for opening a market investigation, it shall publish a reasoned opinion
2021/07/09
Committee: IMCO
Amendment 1164 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 1 b (new)
1b. When one or more Member States request the Commission to open an investigation pursuant to Article 17 because they consider that there are reasonable grounds to request new services or practices to fall under the scope of this Regulation, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and adopt a decision. In case the Commission decides there is no grounds for opening a market investigation, it shall publish a reasoned opinion.
2021/07/09
Committee: IMCO
Amendment 1170 #

2020/0374(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. Member States shall submit evidence in support of their request. Such evidence provided by competent national authorities shall notably include information allowing to determine the fairness of general access conditions to core platform services, including as regards revenue streams deriving from advertisement, and the distribution of appropriate shares of revenues to third party right holders.
2021/07/09
Committee: IMCO
Amendment 1175 #

2020/0374(COD)

Proposal for a regulation
Article 33 a (new)
Article 33 a Right to lodge complaints 1. Third parties representing business users or end users shall be entitled to lodge complaints with regard to the non- designation of gatekeepers and non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6 and request the opening of a market investigation pursuant to Article 15, 16, 17. They shall submit evidence in support of their request. 2. The Commission shall examine whether there are reasonable grounds to open such an investigation and inform the interested third parties of its decision within three months.
2021/07/09
Committee: IMCO
Amendment 1179 #

2020/0374(COD)

Proposal for a regulation
Article 33 b (new)
Article 33 b Amendment to Directive (EU) 2020/1828 The following point is added to the Annex I of Directive (EU) 2020/1828: '(67)Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors'
2021/07/09
Committee: IMCO
Amendment 1181 #

2020/0374(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The Commission shall publish the decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 25, 26 and 27, 27, 33, and 33(a). Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed, and a report stating the grounds for such a decision.
2021/07/09
Committee: IMCO
Amendment 1198 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 3
3. Member States shall provide any relevant information they have that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. Among such information, data allowing to determine the fairness of general access conditions to platform services should be examined, including as regards revenue streams deriving from advertisement, and the distribution of appropriate share of revenues to third party right holders.
2021/07/09
Committee: IMCO
Amendment 192 #

2020/0361(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) Online advertisement plays an important role in the online environment, including in relation to the provision of the information society services. However, certain forms of online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to creating financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, to misleading or exploitative marketing or the discriminatory display of advertising with an impact on the equal treatment and the rights of consumers. Consumers are largely unaware of the volume and granularity of the data that is being collected and used to deliver personalised and micro-targeted advertisements, and have little agency and limited ways to stop or control data exploitation. The significant reach of a few online platforms, their access to extensive datasets and participation at multiple levels of the advertising value chain has created challenges for businesses, traditional media services and other market participants seeking to advertise or develop competing advertising services. In addition to the information requirements resulting from Article 6 of Directive 2000/31/EC, stricter rules on targeted advertising and micro-targeting are needed, in favour of less intrusive forms of advertising that do not require extensive tracking of the interaction and behaviour of recipients of the service. Therefore, providers of information society services may only deliver and display online advertising to a recipient or a group of recipients of the service when this is done based on contextual information, such as keywords or metadata. Providers should not deliver and display online advertising to a recipient or a clearly identifiable group of recipients of the service that is based on personal or inferred data relating to the recipients or groups of recipients. Where providers deliver and display advertisement, they should be required to ensure that the recipients of the service have certain individualised information necessary for them to understand why and on whose behalf the advertisement is displayed, including sponsored content and paid promotion.
2021/07/08
Committee: IMCO
Amendment 198 #

2020/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the cross-border nature of the services concerned, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their online interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
2021/07/08
Committee: IMCO
Amendment 207 #

2020/0361(COD)

Proposal for a regulation
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targedirecting of activities towards one or more Member States. The targedirecting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targedirecting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
2021/07/08
Committee: IMCO
Amendment 215 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. Therefore, Chapter III (Articles 10 to 37) also applies as a horizontal framework mutatis mutandis to intermediary services when implementing other secondary legislation, to the extent no more specific rules are laid down. __________________ 28 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) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 222 #

2020/0361(COD)

Proposal for a regulation
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, which establish specific rules and procedures that should remain unaffected.
2021/07/08
Committee: IMCO
Amendment 231 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadappropriately and also covers unlawful information directly relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that directly relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, illegally-traded animals the non- authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/07/08
Committee: IMCO
Amendment 247 #

2020/0361(COD)

Proposal for a regulation
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Accordingly, where access to information requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the information are automatically registered or admitted without a human decision or selection of whom to grant access. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation may, in general, not be considered as a dissemination to the public. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
2021/07/08
Committee: IMCO
Amendment 254 #

2020/0361(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Ensuring that providers of intermediary services can offer strong and effective end-to-end encryption is essential for trust in and security of digital services in the Digital Single Market, and effectively prevents unauthorised third- party access.
2021/07/08
Committee: IMCO
Amendment 275 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remov act expeditiously to remove or to disable access to content where it is evident to a layperson, without any substantive analysis, that the content is manifestly illegal or where it has become aware orf to disable access tohe unlawful nature of thate content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
2021/07/08
Committee: IMCO
Amendment 289 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
2021/07/08
Committee: IMCO
Amendment 294 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.deleted
2021/07/08
Committee: IMCO
Amendment 295 #

2020/0361(COD)

Proposal for a regulation
Article 2 a (new)
Article 2 a Targeting of digital advertising 1. Providers of information society services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of determining the recipients to whom advertisements are displayed. 2. This provision shall not prevent information society services from determining the recipients to whom advertisements are displayed on the basis of contextual information such as keywords, the language setting communicated by the device of the recipient or the geographical region of the recipients to whom an advertisement is displayed. 3. The use of the contextual information referred to in paragraph2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of one or more natural persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or persons.
2021/06/10
Committee: LIBE
Amendment 305 #

2020/0361(COD)

Proposal for a regulation
Recital 26
(26) Whilst the rules in Chapter II of this Regulation concentrate on the exemption from liability of providers of intermediary services, it is important to recall that, despite the generally important role played by those providers, the problem of illegal content and activities online should not be dealt with by solely focusing on their liability and responsibilities. Where possible, third parties affected by illegal content transmitted or stored online should attempt to resolve conflicts relating to such content without involving the providers of intermediary services in question. Recipients of the service should be held liable, where the applicable rules of Union and national law determining such liability so provide, for the illegal content that they provide and may disseminate through intermediary services. Where appropriate, other actors, such as group moderators in closed and open online environments, in particular in the case of large groups, should also help to avoid the spread of illegal content online, in accordance with the applicable law. Furthermore, where it is necessary to involve information society services providers, including providers of intermediary services, any requests or orders for such involvement should, as a general rule, be directed to the actor that has the technical and operational ability to act against specific items of illegal content, so as to prevent and minimise any possible negative effects for the availability and accessibility of information that is not illegal content.
2021/07/08
Committee: IMCO
Amendment 308 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service. Domain name system (DNS) registration services can also benefit from the exemptions from liability set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 317 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific cases and therefore, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.
2021/07/08
Committee: IMCO
Amendment 323 #

2020/0361(COD)

Proposal for a regulation
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the processing of those orders. The applicable rules on the mutual recognition of court decisions should be unaffected.
2021/07/08
Committee: IMCO
Amendment 366 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of discriminatory, unfair or arbitrary outcomes.
2021/07/08
Committee: IMCO
Amendment 370 #

2020/0361(COD)

Proposal for a regulation
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report in a standardised and machine- readable format, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40, or as a not-for-profit service with fewer than 100.000 monthly active users. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/07/08
Committee: IMCO
Amendment 373 #

2020/0361(COD)

Proposal for a regulation
Recital 39 a (new)
(39a) Recipients of the service should be empowered to make autonomous decisions inter alia regarding the acceptance of and changes to terms and conditions, advertising practices, privacy and other settings, recommender systems when interacting with intermediary services. However, dark patterns typically exploit cognitive biases and prompt online consumers to purchase goods and services that they do not want or to reveal personal information they would prefer not to disclose. Therefore, providers of intermediary services should be prohibited from deceiving or nudging recipients of the service and from subverting or impairing the autonomy, decision- making, or choice of the recipients of the service via the structure, design or functionalities of an online interface or a part thereof (‘dark patterns’). This includes, but is not limited to, exploitative design choices to direct the recipient to actions that benefit the provider of intermediary services, but which may not be in the recipients’ interests, presenting choices in a non-neutral manner, repetitively requesting or pressuring the recipient to make a decision or hiding or obscuring certain options.
2021/07/08
Committee: IMCO
Amendment 379 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Content that has been notified and that is not manifestly illegal should remain accessible while the assessment of its legality by the competent authority is still pending. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. Recipients of the service who provided the information to which the notice relates should be given the opportunity to reply before a decision is taken. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation.
2021/07/08
Committee: IMCO
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Article 2 b (new)
Article 2 b Targeting of digital advertising 1. Providers of information society services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of determining the recipients to whom advertisements are displayed. 2. This provision shall not prevent information society services from determining the recipients to whom advertisements are displayed on the basis of contextual information such as keywords, the language setting communicated by the device of the recipient or the geographical region of the recipients to whom an advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of one or more natural persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or persons.
2021/07/19
Committee: JURI
Amendment 413 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent, accurate and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmentalnon- governmental organisations, consumer protection organisations, and semi-public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions onlinor discriminatory expressions online or to combatting digital violence or supporting victims of digital violence. For intellectual property rights, organisations of industry and of right-holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions and respect for exceptions and limitations to intellectual property rights. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/08
Committee: IMCO
Amendment 427 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion, while ensuring a high level of security of the information concerned in order to protect such information against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
2021/07/08
Committee: IMCO
Amendment 430 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13 a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of showing digital advertising. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language setting communicated by the device of the recipient or the digital location where the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or a clearly identifiable group of recipients/persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2021/06/10
Committee: LIBE
Amendment 439 #

2020/0361(COD)

Proposal for a regulation
Recital 49 a (new)
(49a) In order to contribute to a transparent online environment for consumers that supports the green transition, online platforms that allow consumers to conclude distant contracts with traders should provide consumers in real time with clear and unambiguous information on the environmental impact of its products and services, such as the use of sustainable and efficient delivery methods, sustainable and ecological packaging, as well as the environmental costs of returning goods in the event of withdrawal.
2021/07/08
Committee: IMCO
Amendment 450 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) In the light of effective enforcement of local rules to combat long-term rental housing shortages and to limit short-term holiday rentals, as was justified in the Cali Apartments case (cases C-724/18 and C-727/18), all natural or legal persons renting out short- term holiday rentals shall be subject to the obligations under Article 22 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 453 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.deleted
2021/07/08
Committee: IMCO
Amendment 460 #

2020/0361(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) A core part of an online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, online platforms should ensure that recipients can understand how recommender system impact the way information is displayed, and can influence how information is presented to them. They should clearly present the parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters. Options not based on profiling of the recipient should be available and used by default.
2021/07/08
Committee: IMCO
Amendment 475 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) ThreFive categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the intended use and misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products and illegally traded animals. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to technology design choices such as the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intended use of, malfunctioning of, as well as the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors or other vulnerable groups, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices, including undisclosed commercial communications published by recipients of the service that are not marketed, sold or arranged by the online platform. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions. A fourth category concerns negative societal effects of technology design, value chain and business-model choices in relation to systemic risks that represent threats to democracy. A fifth category concerns environmental risks such as high electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure or to user behaviour modification with a direct environmental impact, such as directing users to choose less sustainable options when it comes to delivery or packaging.
2021/07/08
Committee: IMCO
Amendment 489 #

2020/0361(COD)

Proposal for a regulation
Recital 60
(60) Given the need to ensure verification by independent experts, very large online platforms should be accountable, through independent auditing, for their compliance with the obligations laid down by this Regulation and, where relevant, any complementary commitments undertaking pursuant to codes of conduct and crises protocols. They should give thevetted auditors access to all relevant data necessary to perform the audit properly. Auditors should also be able to make use of other sources of objective information, including studies by vetted researchers. Auditors should guarantee the confidentiality, security and integrity of the information, such as trade secrets, that they obtain when performing their tasks and have the necessary expertise in the area of risk management and technical competence to audit algorithms. AThis guarantee should not be a means to circumvent the applicability of audit obligations in this Regulation applicable to very large online platforms. Vetted auditors should be independent, so as to be able to perform their tasks in an adequate and trustworthy manner. If their independence is not beyond doubt, they should resign or abstain from the audit engagement.
2021/07/08
Committee: IMCO
Amendment 491 #

2020/0361(COD)

Proposal for a regulation
Recital 61
(61) The audit report should be substantiated, so as to give a meaningful account of the activities undertaken and the conclusions reached. It should help inform, and where appropriate suggest improvements to the measures taken by the very large online platform to comply with their obligations under this Regulation. The report should be transmitted to the Digital Services Coordinator of establishment and the BoardAgency without delay, together with the risk assessment and the mitigation measures, as well as the platform’s plans for addressing the audit’s recommendations. The report should include an audit opinion based on the conclusions drawn from the audit evidence obtained. A positive opinion should be given where all evidence shows that the very large online platform complies with the obligations laid down by this Regulation or, where applicable, any commitments it has undertaken pursuant to a code of conduct or crisis protocol, in particular by identifying, evaluating and mitigating the systemic risks posed by its system and services. A positive opinion should be accompanied by comments where the vetted auditor wishes to include remarks that do not have a substantial effect on the outcome of the audit. A negative opinion should be given where the vetted auditor considers that the very large online platform does not comply with this Regulation or the commitments undertaken.
2021/07/08
Committee: IMCO
Amendment 493 #

2020/0361(COD)

Proposal for a regulation
Recital 61 a (new)
(61a) In order to ensure a participative and inclusive approach and address societal concerns raised by the services of very large online platforms, it is necessary to set up a European Social Media Council at Union level. The transparency, inclusiveness and independence of the Council ensures that decisions on content moderation are shaped by a diverse range of expertise and perspectives. The Council should support the Agency and the Commission by issuing policy and implementation recommendations and help platforms improving and adjusting content moderation practices under terms and conditions. The Council should consist of independent experts, representatives of the recipients of the service, representatives of groups potentially impacted by their services, and civil society organisations. While not legally binding, the Councils’ recommendations will yield effective outcomes, incorporating a wider and more diverse range of inputs to societal challenges that very large online platforms may pose. Its strength and efficiency is based on voluntary compliance by platforms, whose commitment will be to respect and execute the Council’s recommendations in good faith. In order to function efficiently, the Council and its members should have sufficient human, material and financial resources at their disposal.
2021/07/08
Committee: IMCO
Amendment 494 #

2020/0361(COD)

Proposal for a regulation
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.deleted
2021/07/08
Committee: IMCO
Amendment 498 #

2020/0361(COD)

Proposal for a regulation
Recital 62 a (new)
(62a) Recommender systems used by very large online platforms pose a particular risk in terms of consumer choice and lock-in effects. Consequently, in addition to the obligations applicable to all online platforms, very large online platforms should offer to the recipients of the service the choice of using recommender systems from third party providers, where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the platform of its own recommender systems, including through application programming interfaces.
2021/07/08
Committee: IMCO
Amendment 502 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the CommissionAgency may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers, civil society and media organisations on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the CommissionAgency and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, not-for-profit bodies, organisations or associations, or media organisations. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests of the platform and any other parties concerned, including tradhe srecrets and other confidential information, of the platform and any other parties concerned, including the recipients of the serviceipients of the service. To that end, the Commission should issue regulatory guidance to specify the modalities and safeguards for data access and sharing, and provide platforms with legal certainty while ensuring the independence of the research.
2021/07/08
Committee: IMCO
Amendment 517 #

2020/0361(COD)

Proposal for a regulation
Recital 67
(67) The Commission and the BoardAgency should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the BoardAgency, by participating in the same codes of conduct.
2021/07/08
Committee: IMCO
Amendment 532 #

2020/0361(COD)

Proposal for a regulation
Recital 71 a (new)
(71a) In order to ensure that the systemic role of very large online platforms does not endanger the internal market by unfairly excluding innovative new entrants, including SMEs, entrepreneurs and start-ups, additional rules are needed to allow recipients of the service to switch or connect and interoperate between online platforms or internet ecosystems. Therefore, interoperability obligations should require very large online platforms to share appropriate tools, data, expertise, and resources. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of technical interfaces (Application Programming Interface), that allow recipients of service or other market participants to access the key functionalities of very large online platforms to exchange information.
2021/07/08
Committee: IMCO
Amendment 581 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of displaying digital advertising to a specific recipient or group of recipients. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language or the approximate geographical location of the recipient of the service to whom the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if the advertisement is displayed in real time and it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons.
2021/07/19
Committee: JURI
Amendment 603 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
(ba) rules on transparency, accountability and respect for fundamental rights as regards the design and implementation of voluntary, self- and co-regulatory measures;
2021/07/08
Committee: IMCO
Amendment 609 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 619 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
(ba) achieve a high level of consumer protection in the Digital Single Market.
2021/07/08
Committee: IMCO
Amendment 627 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point b
(b) Directive 20108/13/EC808;
2021/07/08
Committee: IMCO
Amendment 633 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point c
(c) Union lawDirective(EU) 2019/790 on copyright and related rights; in the Digital Single Market
2021/07/08
Committee: IMCO
Amendment 637 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
(ia) Directive(EU) 2019/882.
2021/07/08
Committee: IMCO
Amendment 648 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘recipient of the service’ means any natural or legal person who, for professional ends or otherwise, uses the relevant intermediary service for seeking information or making it accessible;
2021/07/08
Committee: IMCO
Amendment 668 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is actingoffering goods or services, including through any person acting in his or her name or on his or her behalf, for purposes directly relating to his or her trade, business, craft or profession;
2021/07/08
Committee: IMCO
Amendment 684 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘allegedly illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not isubject to allegations of non compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;
2021/07/08
Committee: IMCO
Amendment 691 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
(ga) ‘manifestly illegal content’ means any information which has been subject of a specific ruling by a court or administrative authority of a Member State or where it is evident to a layperson, without any substantive analysis, that the content is in not in compliance with Union law or the law of a Member State;
2021/07/08
Committee: IMCO
Amendment 712 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘dissemination to the public’ means making information availaccessible, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;
2021/07/08
Committee: IMCO
Amendment 715 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘online interface’ means any software, including a website or a part thereof, and applications, including mobile applications which enables recipients of the service to access and interact with the relevant intermediary service;
2021/07/08
Committee: IMCO
Amendment 721 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;
2021/07/08
Committee: IMCO
Amendment 722 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest, prioritise or rank in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
2021/07/08
Committee: IMCO
Amendment 726 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the (p) activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account, be it through automated means or human operators;
2021/07/08
Committee: IMCO
Amendment 737 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means an online interface or apart thereof that via its structure, design or functionality subverts or impairs the autonomy, decision- making, preferences or choice of recipients of the service.
2021/07/08
Committee: IMCO
Amendment 746 #

2020/0361(COD)

Proposal for a regulation
Article 2 a (new)
Article 2a 1. Providers of information society services shall only deliver and display advertising that is based on contextual information such as keywords, language context, or the approximate geographical region of the recipient of the service to whom an advertisement is delivered or displayed. 2. The use of the contextual information referred to in paragraph 1 shall only be permissible if the advertisement is delivered in real time, that related data are not stored and that it does not involve the direct or, by means of combining it with other information, indirect identification of a natural person or group of persons, in particular by reference to an identifier such as a name, an identification number, precise location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or group of persons. 3. Providers of information society services that deliver and display advertising on their online interfaces or on third-party services shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear and unambiguous manner and in real time: (a) that the information displayed is an advertisement; (b) the natural or legal person on whose behalf the advertisement is displayed; (c) detailed information about the main parameters used to determine the recipient to whom the advertisement is delivered and displayed.
2021/07/08
Committee: IMCO
Amendment 769 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
2021/07/08
Committee: IMCO
Amendment 783 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.deleted
2021/07/08
Committee: IMCO
Amendment 797 #

2020/0361(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
No provision of this Regulation shall prevent providers of intermediary services from offering end-to-end encrypted services, or make the provision of such services a cause for liability or loss of immunity.
2021/07/08
Committee: IMCO
Amendment 802 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against aone or more specific items of illegal content, issued by the relevant national judicial or administrative authoritieauthority, or against an offer of illegal goods or services issued by the relevant national administrative or judicial authorities, through trusted and secure communication channels, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
2021/07/08
Committee: IMCO
Amendment 808 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. Individuals shall have the right to report allegedly illegal content or to mandate a body, organisation or association referred to in Article 68 to report such content to the competent authorities in their country of residence, which shall expeditiously make a ruling. Where the content is deemed illegal under the national law of the country of residence of the individual, or manifestly illegal under Union law, this shall be reported to the platform for immediate enforcement on the territory of the Member State issuing the order and to the competent authorities for assessment under national law.
2021/07/08
Committee: IMCO
Amendment 816 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
— a sufficiently detailed statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national law infringed;
2021/07/08
Committee: IMCO
Amendment 820 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 2
one or more exact uniform resource locatorsa clear indication of the exact electronic location of that information, such as the exact URL or URLs where appropriate and, where necessary, additional information enabling the identification of the illegal content concerned;
2021/07/08
Committee: IMCO
Amendment 825 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
— information about redress mechanisms available to the provider of the service and to the recipient of the service who provided the content, including deadlines for appeal;
2021/07/08
Committee: IMCO
Amendment 827 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and does not lead to the removal of content that is legal in another Member State;
2021/07/08
Committee: IMCO
Amendment 831 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
(ba) the territorial scope of an order addressed to a provider that has its main establishment in another Member State is limited to the territory of the Member State issuing the order;
2021/07/08
Committee: IMCO
Amendment 832 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b b (new)
(bb) the territorial scope of an order addressed to a provider or its representative that has its main establishment outside the Union, where Union law is infringed, is limited to the territory of the Union or, where national law is infringed, to the territory of the Member State issuing the order;
2021/07/08
Committee: IMCO
Amendment 853 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4 a (new)
4a. Providers of intermediary services may refuse to execute an order referred to in paragraph 1 if it contains manifest errors or does not contain sufficient information as referred to in paragraph 2. Providers shall inform the competent authority without undue delay, asking for the necessary clarification. It may submit an appeal to the Digital Services Coordinator of establishment where it feels that the territorial scope of the order is disproportionate.
2021/07/08
Committee: IMCO
Amendment 855 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4 b (new)
4b. Member States shall ensure that the judicial authorities may, at the request of an applicant whose personality rights are infringed by illegal content, issue against the relevant provider of hosting services an order in accordance with this Article to remove or disable access to this content, including by way of an interlocutory injunction.
2021/07/08
Committee: IMCO
Amendment 860 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial orauthorities, or regarding offers of illegal goods or services issued by administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order via trusted and secure communications channels.
2021/07/08
Committee: IMCO
Amendment 869 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)
— a clear indication of the exact electronic location, an account name or a unique identifier of the recipient on whom information is sought;
2021/07/08
Committee: IMCO
Amendment 874 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2
— information about legal redress available to the provider and to the recipients of the service concerned including deadlines for appeal, and ensure that they can be exercised effectively;
2021/07/08
Committee: IMCO
Amendment 875 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 2 a (new)
— whether the provider may swiftly inform the recipient of the service concerned.
2021/07/08
Committee: IMCO
Amendment 883 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a. The provider of the service shall inform the recipient of the service whose data is being sought without undue delay.
2021/07/08
Committee: IMCO
Amendment 889 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Effective remedies for consumers 1. Recipients of the service whose content was removed according to Article 8 or whose information was sought according to Article 9 shall have the right to effective remedies against such orders, without prejudice to remedies available under Directive (EU) 2016/680 and Regulation(EU) 2016/679. 2. Such right to an effective remedy shall be exercised before a court in the issuing Member State in accordance with national law and shall include the possibility to challenge the legality of the measure, including its necessity and proportionality. 3. Digital Services Coordinators shall publish a ‘toolbox’ of complaint and redress mechanisms applicable in their respective territory, in at least one of the official languages of the Member State where they operate.
2021/07/08
Committee: IMCO
Amendment 890 #

2020/0361(COD)

Proposal for a regulation
Article 9 b (new)
Article 9b Where the issuing authority is subject to a procedure under Article 7(1) or 7(2) of the Treaty on European Union, the provider of intermediary services shall act upon the order or transmit the requested data only after receiving the explicit written approval of the Digital Services Coordinator of establishment.
2021/07/08
Committee: IMCO
Amendment 895 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Exclusion for micro enterprises and not- for-profit services This Chapter shall not apply to online platforms that qualify as micro enterprises within the meaning of the Annex to Recommendation 2003/361/EC or as a not-for-profit service with fewer than 100,000 monthly active users.
2021/07/08
Committee: IMCO
Amendment 900 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. Providers of intermediary services shall ensure that recipients of the service, including affected non-users, can communicate with them in a direct, accessible and timely manner and, as necessary, request non-automated responses.
2021/07/08
Committee: IMCO
Amendment 929 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions or modifications that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear, user- friendly and unambiguous language and shall be publicly available in an easily accessible formatand machine-readable format in the languages in which the service is offered.
2021/07/08
Committee: IMCO
Amendment 936 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. Providers of intermediary services shall publish summary versions of their terms and conditions in clear, user- friendly and unambiguous language, and in an easily accessible and machine- readable format. Such a summary shall include information on remedies and redress mechanisms pursuant to Articles 17 and 18, where available.
2021/07/08
Committee: IMCO
Amendment 938 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objectivecoherent, predictable, non- discriminatory, transparent, diligent, non- arbitrary and proportionate manner in applying and enforcing the restrictions and modifications referred to in paragraph 1, with due rin compliance with procedural safeguard tos and in full respect of the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and relevant national law.
2021/07/08
Committee: IMCO
Amendment 955 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Any restriction referred to in paragraph 1 must respect the fundamental rights enshrined in the Charter and relevant national law.
2021/07/08
Committee: IMCO
Amendment 957 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 b (new)
2b. Individuals who are enforcing restrictions on the basis of terms and conditions of providers of intermediary services shall be given adequate initial and ongoing training on the applicable laws and international human rights standards, as well as on the action to be taken in case of conflict with the terms and conditions. Such individuals shall be provided with appropriate working conditions, including professional support, qualified psychological assistance and qualified legal advice, where relevant.
2021/07/08
Committee: IMCO
Amendment 960 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall notify the recipients of the service of any change to the contract terms and conditions that can affect their rights and provide a user-friendly explanation thereof. The changes shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged changes and to their consequences for the recipients of the service. That notice period shall be at least 15 days from the date on which the provider of intermediary services notifies the recipients about the changes. Failure to consent to such changes should not lead to basic services becoming unavailable.
2021/07/08
Committee: IMCO
Amendment 978 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish in a standardised and machine-readable format, at least once a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
2021/07/08
Committee: IMCO
Amendment 987 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, including removals, suspensions, demotions or the imposition of other sanctions, categorised by the type of reason and basis for taking those measures;, as well as measures taken to provide training and assistance to members of staff who are engaged in content moderation.
2021/07/08
Committee: IMCO
Amendment 990 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.deleted
2021/07/08
Committee: IMCO
Amendment 1001 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.deleted
2021/07/08
Committee: IMCO
Amendment 1014 #

2020/0361(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a Online interface design 1. The use of dark patterns by providers of intermediary services when presenting options to or interacting with recipients of the service through their online interfaces is prohibited. 2. A choice or decision made by the recipient of the service using online interfaces that do not comply with the requirements of paragraph 1 shall not constitute consent. 3. The Agency shall publish official guidelines including a list of specific design patterns that qualify as subverting or impairing the autonomy, decision making, or choice of the recipients of the service. The Agency shall keep this list updated in the light of technological developments and, in the case of very large online platforms, assessments related to systemic risks identified in accordance with Article 27(2).
2021/07/08
Committee: IMCO
Amendment 1024 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means. These mechanisms shall be close to the content in question and located on the same level in the online interface as, and clearly distinguishable from, where applicable, mechanisms for notification of alleged violations of terms and conditions. The Commission shall adopt delegated acts in accordance with Article 69 to lay down specific requirements regarding the mechanisms referred to in paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1034 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator canmay, in some cases, identify the illegality of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of valid notices containing all of the following elements:
2021/07/08
Committee: IMCO
Amendment 1041 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point a a (new)
(aa) evidence that substantiates the claim, where possible;
2021/07/08
Committee: IMCO
Amendment 1045 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the exact electronic location of that information, in particular the exact URL or URLssuch as the URL or URLs or other identifiers where appropriate, and, where necessary, additional information enabling the identification of the alleged illegal content;
2021/07/08
Committee: IMCO
Amendment 1051 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point c
(c) the name and an electronic mail address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;deleted
2021/07/08
Committee: IMCO
Amendment 1054 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.deleted
2021/07/08
Committee: IMCO
Amendment 1065 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. WThere the notice contains the name and an electronic mail address of the individual or entity that submitted it, individual or entity that submitted the notice shall be given the option to provide an electronic mail address to enable the provider of hosting services shallto promptly send a confirmation of receipt of the notice to that individual or entity.
2021/07/08
Committee: IMCO
Amendment 1066 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 4 a (new)
4a. Where individuals decide to include their contact details in a notice, their anonymity towards the recipient of the service who provided the content shall be ensured, except in cases of alleged violations of personality rights or of intellectual property rights.
2021/07/08
Committee: IMCO
Amendment 1068 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The provider shall also, without undue delay, notify that individual or entity of its decisaction in respect of the information to which the notice relates, providing information on the redress possibilities in respect of that decision.
2021/07/08
Committee: IMCO
Amendment 1069 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 5 a (new)
5a. The provider of intermediary services shall also notify the recipient of the service who provided the information, where contact details are available, giving them the opportunity to reply before taking a decision, unless this would obstruct the prevention and prosecution of serious criminal offences.
2021/07/08
Committee: IMCO
Amendment 1077 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objectiveact in a timely, diligent, non- discriminatory and non-arbitrary manner. Where they use automated means for that pre-processing notices or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 1085 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Upon receipt of a valid notice, providers of hosting services shall act expeditiously to disable access to content which is manifestly illegal.
2021/07/08
Committee: IMCO
Amendment 1086 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 b (new)
6b. Information that has been the subject of a notice and that is not manifestly illegal shall remain accessible while the assessment of its legality is still pending. Member States shall ensure that providers of intermediary services are not held liable for failure to remove notified information, while the assessment of legality is still pending.
2021/07/08
Committee: IMCO
Amendment 1090 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 c (new)
6c. A decision taken pursuant to a notice submitted in accordance with Article 14(1) shall protect the rights and legitimate interests of all affected parties, in particular their fundamental rights as enshrined in the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue.
2021/07/08
Committee: IMCO
Amendment 1091 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 d (new)
6d. The provider of hosting services shall ensure that processing of notices is undertaken by qualified individuals to whom adequate initial and ongoing training on the applicable legislation and international human rights standards as well as appropriate working conditions are to be provided, including, where relevant professional support, qualified psychological assistance and legal advice.
2021/07/08
Committee: IMCO
Amendment 1092 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or to disable access to, or to demote or otherwise impose sanctions against specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall promptly inform the recipient, at the latest at the time of the removal or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision. of the action, provide a clear and specific statement of reasons for that action, and include information on the possibility to issue a counter- notice, to make use of the internal complaint-handling system set out in Article 17 and to appeal a decision with the competent authority. This obligation shall not apply and statements of reasons may be withheld where: (a) it is necessary for the investigation, or prosecution, of violations of law or public policy, including for ongoing criminal investigations, to justify avoiding or postponing notice to the recipient; or (b) the content removed were components of high-volume, commercial campaigns to deceive users or manipulate content moderation efforts.
2021/07/08
Committee: IMCO
Amendment 1101 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decisaction entails either the removal of, demotion or other sanction against, or the disabling of access to, the information and, where relevant, the territorial scope of the disabling of accessaction, including, where a decision was taken pursuant to Article 14, an explanation about why the disabling of access did not exceed what was strictly necessary to achieve its objective;
2021/07/08
Committee: IMCO
Amendment 1107 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decisaction, including where relevant whether the decisaction was taken pursuant to a notice of manifestly illegal content submitted in accordance with Article 14 or to an order in accordance with Article 8;
2021/07/08
Committee: IMCO
Amendment 1109 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) where applicable, information on the use made of automated means in taking the decision, including whereinforming the decision was taken in respect of content detected or identified using automated means;
2021/07/08
Committee: IMCO
Amendment 1112 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) where the decision concerns allegedmanifestly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground;
2021/07/08
Committee: IMCO
Amendment 1116 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point f
(f) clear, user-friendly information on the redress possibilities available to the recipient of the service in respect of the decision, in particular through internal complaint- handling mechanisms, out-of- court dispute settlement and judicial redress.
2021/07/08
Committee: IMCO
Amendment 1118 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible, machine-readable database managed and published by the Commission. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1135 #

2020/0361(COD)

Proposal for a regulation
Article 16
Exclusion for micro and small enterprises This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.Article 16 deleted
2021/07/08
Committee: IMCO
Amendment 1153 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, demote, disable access to or impose other sanctions against the information;
2021/07/08
Committee: IMCO
Amendment 1175 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendlincluding for persons with disabilities, user-friendly, non- discriminatory and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. Online platforms shall set out the rules of procedure of their internal complaint handling system in their terms and conditions in a clear, user-friendly and easily accessible manner, including for persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 1180 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Online platforms shall handle complaints submitted through their internal complaint-handling system in a timely, diligent and objective manner, non-discriminatory and non- arbitrary manner and within seven days starting on the date on which the online platform received the complaint. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1, without undue delay.
2021/07/08
Committee: IMCO
Amendment 1191 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means and are reviewed by qualified staff to whom adequate initial and ongoing training on the applicable legislation and international human rights standards and to whom appropriate working conditions are provided, including, where relevant, professional support, qualified psychological assistance and legal advice.
2021/07/08
Committee: IMCO
Amendment 1199 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to innd organisations mandated under Article 17(1)68, shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article 17. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. Online platforms shall not be liable for implementing decisions of a dispute settlement procedure. The first subparagraph is without prejudice to the right of the recipient concerned to seek redress against the decision before a court in accordance with the applicable law.
2021/07/08
Committee: IMCO
Amendment 1210 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
2. The Digital Services Coordinator of the Member State where the independent out-of-court dispute settlement body is established shall, at the request of that body, certify the body for a maximum of three years, which can be renewed, where the body has demonstrated that it meets all of the following conditions:
2021/07/08
Committee: IMCO
Amendment 1214 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and its members are remunerated in a way that is not linked to the outcome of the procedure;
2021/07/08
Committee: IMCO
Amendment 1216 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) it is composed of legal experts;
2021/07/08
Committee: IMCO
Amendment 1218 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the natural persons with responsibility for dispute settlement are granted a period of office of a minimum of three years to ensure the independence of their actions;
2021/07/08
Committee: IMCO
Amendment 1219 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b b (new)
(bb) the natural persons with responsibility for dispute settlement commit not to work for the online platform or a professional organisation or business association of which the online platform is a member for a period of three years after their position in the body has ended;
2021/07/08
Committee: IMCO
Amendment 1220 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point b c (new)
(bc) natural persons with responsibility for dispute resolution may not have worked for an online platform or a professional organisation or business association of which the online platform is a member for a period of two years before taking up their position in the body;
2021/07/08
Committee: IMCO
Amendment 1227 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible including for persons with disabilities through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1228 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the anonymity of the individuals involved in the settlement procedure can be guaranteed;
2021/07/08
Committee: IMCO
Amendment 1231 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable ofensures the settling of disputes in a swift, efficient and cost-effective manner and in at least one official language of the Union, or at the request of the recipient at least in English;
2021/07/08
Committee: IMCO
Amendment 1237 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure which are easily and publicly accessible.
2021/07/08
Committee: IMCO
Amendment 1239 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e a (new)
(ea) it ensures that a preliminary decision is taken within a period of seven days following the reception of the complaint and that the outcome of the dispute settlement is made available within a period of 90 calendar days from the date on which the body has received the complete complaint file.
2021/07/08
Committee: IMCO
Amendment 1247 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service or organisations mandated under Article 68, the online platform shall reimburse the recipient or organisation for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient or organisation shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
2021/07/08
Committee: IMCO
Amendment 1252 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. By 31 December 2024, and every two years thereafter, Digital Services Coordinators shall assess whether the dispute settlement bodies that they have been certified in accordance with paragraph 2 comply with the requirements of this Regulation. Each Digital Services Coordinator shall publish and send to the Agency a report on the development and functioning of those bodies. That report shall in particular: (a) identify best practices of the out- of-court dispute settlement bodies; (b) report on any demonstrable shortcomings, supported by statistics, that hinder the functioning of the out-of-court dispute settlement bodies for both domestic and cross-border disputes, where appropriate; (c) make recommendations on how to improve the effective and efficient functioning of the out-of-court dispute settlement bodies, where appropriate.
2021/07/08
Committee: IMCO
Amendment 1260 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers, acting within their designated area of expertise, through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delayexpeditiously, taking into account due process. The use of automated notices by trusted flaggers without effective human review shall not be accepted as a valid means of submission.
2021/07/08
Committee: IMCO
Amendment 1267 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – introductory part
2. The status of trusted flaggers under this Regulation shall be awarded, upon application by any entitiesy, by the Digital Services Coordinator of the Member State in which the applicant is established, where the applicant has demonstrated to meet all of the following conditions:
2021/07/08
Committee: IMCO
Amendment 1271 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence for the purposes of detecting, identifying and notifying allegedly illegal content;
2021/07/08
Committee: IMCO
Amendment 1275 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement or governmental entity;
2021/07/08
Committee: IMCO
Amendment 1280 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c
(c) it carries out its activities for the purposes of submitting notices in a timely, diligent, accurate and objective manner.
2021/07/08
Committee: IMCO
Amendment 1282 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
(ca) it publishes, at least once a year, clear, easily comprehensible and detailed reports on all notices submitted in accordance with Article 14 during the relevant period. The report shall list: - notices categorised by the identity of the provider of hosting services; - the type of content notified; - the specific legal provisions allegedly breached by the content notified; - the action taken by the provider; - any potential conflicts of interest and sources of funding, and an explanation of the procedures in place to ensure the trusted flagger maintains its independence.
2021/07/08
Committee: IMCO
Amendment 1295 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. Digital Services Coordinators shall communicate to the Commissaward the trusted flagger status for periods of three years, upon which the status may be renewed where the trusted flagger concerned continues to meet the requirements of this Regulation, and the Boardshall communicate to the Agency the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2.
2021/07/08
Committee: IMCO
Amendment 1299 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission shall publish the information referred to in paragraph 3s3 and 6 in a publicly available database in an easily accessible and machine-readable format and keep the database updated.
2021/07/08
Committee: IMCO
Amendment 1304 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a not insignificant number of insufficiently precise, inaccurate or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents.
2021/07/08
Committee: IMCO
Amendment 1310 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
2021/07/08
Committee: IMCO
Amendment 1315 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board,Agency may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.
2021/07/08
Committee: IMCO
Amendment 1318 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content. Any prior warning shall provide the recipient of the service with a reasonable amount of time to provide a justification to the online platform to consider that the information to which the suspension relates is not manifestly illegal. Such justifications shall be subject to human review.
2021/07/08
Committee: IMCO
Amendment 1328 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and, internal complaints- handling systems and out-of-court dispute settlement bodies referred to in Articles 14, 17 and 178, respectively, by individuals or entities or by complainants that frequentpeatedly submit notices or complaints or initiate dispute settlements that are manifestly unfounded.
2021/07/08
Committee: IMCO
Amendment 1337 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point c
(c) the gravity of the misuses and its consequences, in particular on the exercise of fundamental rights, regardless of the absolute numbers or relative proportion;
2021/07/08
Committee: IMCO
Amendment 1342 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
(da) the fact that notices and complaints were submitted following the use of an automated content recognition system;
2021/07/08
Committee: IMCO
Amendment 1343 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
(db) any justification provided by the recipient of the service to provide sufficient grounds to consider that the information is not manifestly illegal.
2021/07/08
Committee: IMCO
Amendment 1347 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner with due regard to their obligations under Article 12(2) in particular as regards the applicable fundamental rights of the recipients of the service as enshrined in the Charter, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
2021/07/08
Committee: IMCO
Amendment 1370 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained, and has made best efforts to verify the completeness and reliability of, the following information:
2021/07/08
Committee: IMCO
Amendment 1410 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1421 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information swiftly, the online platform shall suspend the provision of its service to the trader until the request is complied with.
2021/07/08
Committee: IMCO
Amendment 1445 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The online platform shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the servicpublicly available, in a clear, easily accessible and comprehensible manner.
2021/07/08
Committee: IMCO
Amendment 1453 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7 a (new)
7a. Online platforms facilitating short- term holiday rentals must obtain registration numbers, licencing numbers or an equivalent if such a number is required for the offering of short-term holiday rentals by EU, national or local law and must publish this number in the offer.
2021/07/08
Committee: IMCO
Amendment 1464 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Transparency for sustainable consumption Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that it provides consumers in a clear and unambiguous manner and in real time with information on the environmental impact of its products and services, such as the use of sustainable and efficient delivery methods, sustainable and ecological packaging, as well as the environmental costs of returning goods in the event of withdrawal.
2021/07/08
Committee: IMCO
Amendment 1467 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
(aa) the number of complaints received through the internal complaint-handling system referred to in Article 17, the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed;
2021/07/08
Committee: IMCO
Amendment 1468 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a b (new)
(ab) a list of all trusted flaggers and their area of expertise;
2021/07/08
Committee: IMCO
Amendment 1471 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) any use made of automatic means for the purpose of content moderation, including a specification of the precise purposes, indicators of the accuracy of the automated means in fulfilling those purposes and any safeguards applied, including human review.
2021/07/08
Committee: IMCO
Amendment 1484 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1
Online platforms that display advertising on their online interfaces shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear and unambiguous manner and in real time: (a) an advertisement; (b) whose behalf the advertisement is displayed; (c) meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed.deleted that the information displayed is the natural or legal person on
2021/07/08
Committee: IMCO
Amendment 1518 #

2020/0361(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Recommender systems 1. Online platforms that use recommender systems or any other system used to select and determine the order of presentation of content shall set out in their terms and conditions, in a clear, accessible and easily comprehensible format, the parameters used in their recommender systems, as well as the options provided to the recipients of the service to select or modify those parameters. 2. The parameters referred to in paragraph 1 shall include at least the following information: (a) the criteria and logic used by the recommender systems, including input data and performance metrics; (b) how these criteria are weighted against each other; (c) the optimisation goal of the recommender systems; (d) an explanation of how the behaviour of the recipients of the service may impact the functioning and outputs of the recommender systems. 3. Online platforms shall provide options for the recipients of the service to access their profile to select and modify the parameters of the relevant recommender system, including at least one option which is not based on profiling within the meaning of Article 4 (4) of Regulation (EU) 2016/679 and which is activated by default.
2021/07/08
Committee: IMCO
Amendment 1521 #

2020/0361(COD)

Proposal for a regulation
Article 24 b (new)
Article 24b Additional obligations for platforms primarily used for the dissemination of user-generated pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure (a) that users who disseminate content have verified themselves through a double opt-in e-mail and cell phone registration; (b) professional human content moderation in line with Article 14 paragraph 6 d (new) and trained to identify image-based sexual abuse, where content having a high probability of being illegal; (c) the accessibility of a qualified notification procedure in the form that additionally to the mechanism referred to in Article14 and respecting the same principles with the exception of paragraph 5 a(new), individuals may notify the platform with the claim that image material depicting them or purporting to be depicting them is being disseminated without their consent and supply the platform with prima facie evidence of their physical identity; content notified through this procedure is to be considered manifestly illegal in terms of Article 14 paragraph 6 a (new) and to be suspended without undue delay and at latest within 48 hours.
2021/07/08
Committee: IMCO
Amendment 1543 #

2020/0361(COD)

Proposal for a regulation
Article 25 a (new)
Article 25a Legal representatives of very large online platforms Very large online platforms shall establish one point of contact in each Member State and ensure that it is accessible for recipients of the service in at least one of the official languages of that Member State.
2021/07/08
Committee: IMCO
Amendment 1549 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the design, functioning and use made of their services in the Union. This risk assessment shall be specific to their services and activities, including technology design, value chain and business-model choices, and shall include the following systemic risks:
2021/07/08
Committee: IMCO
Amendment 1572 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects forforeseeable impact on the exercise of the fundamental rights, in particular the rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectivelythe Charter;
2021/07/08
Committee: IMCO
Amendment 1574 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) the intended use, any malfunctioning or intentional manipulation of their service, including by means of inauthentic usecommercial communications published on the platform that are not marketed, sold or arranged by the platform or automated exploitation of the service, in particular with an actual or foreseeable negative effeimpact on the protection of public health, minors and other categories of vulnerable groups of recipients of the service, civic discourse, or actual or foreseeable effeimpacts related to electoral processes and public security.;
2021/07/08
Committee: IMCO
Amendment 1581 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
(ca) any foreseeable negative societal effect of technology design or business- model choices in relation to systemic risks that represent threats to democracy;
2021/07/08
Committee: IMCO
Amendment 1582 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c b (new)
(cb) any environmental impact such as electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure or to consumer behaviour modification with a direct environmental impact.
2021/07/08
Committee: IMCO
Amendment 1585 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how their content moderation systems, recommender systems and systems for selecting, targeting and displaying advertisement as well as the underlying data collection, processing and profiling influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of informationcontent that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1595 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a. The outcome of the risk assessment and supporting documents shall be communicated to the Agency and the Digital Services Coordinator of establishment. A summary version of the risk assessment shall be made publicly available in an easily accessible format.
2021/07/08
Committee: IMCO
Amendment 1597 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2 b (new)
2b. Organisations mandated under Article 68 shall have the right to obtain access to the outcome and supporting documents of a risk assessment and to lodge a complaint against its accuracy or completeness with the Digital Services Coordinator of establishment.
2021/07/08
Committee: IMCO
Amendment 1605 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonabletransparent, proportionate and effective mitigation measures, tailored to o eliminate, prevent and mitigate the specific systemic risks identified pursuant to Article 26. Such measures mayshall include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1608 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, the design, features or functioning of their services, their advertising model or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1615 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display and targeting of advertisements in association with the service they provide;
2021/07/08
Committee: IMCO
Amendment 1616 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point c
(c) reinforcing the internal processes, testing, documentation or supervision of any of their activities in particular as regards detection of systemic risk;
2021/07/08
Committee: IMCO
Amendment 1622 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
(ea) targeted measures aimed at reducing electricity and water consumption, heat production and CO2 emissions related to the provision of the service and technical infrastructure.
2021/07/08
Committee: IMCO
Amendment 1624 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. Any measure adopted shall respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 1632 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission,Agency shall publish comprehensive reports, once a year, which shall include the following:
2021/07/08
Committee: IMCO
Amendment 1634 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrent systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Articles 30, 31 and 33;
2021/07/08
Committee: IMCO
Amendment 1643 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators,Agency may issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the CommissionAgency shall organise public consultations.
2021/07/08
Committee: IMCO
Amendment 1651 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, and additionally where requested by the Agency, to independento audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1656 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III; . Audits shall at least be performed on: (i) the clarity, coherence and predictable enforcement of terms of service with particular regard to the applicable fundamental rights as enshrined in the Charter; (ii) the completeness, methodology and consistency of the transparency reporting obligations as set out in Articles 13, 13a, 23, and 30 as well as respect for industry standards on transparency reporting; (iii) accuracy, predictability and clarity of the provider's follow-up for recipients of the service and notice providers to notices of manifestly illegal content and terms of service violations and the accuracy of classification (illegal or terms and conditions violation) of removed information; (iv) internal and third-party complaint handling mechanisms; (v) interaction with trusted flaggers and independent assessment of accuracy, response times, efficiency and whether there are indications of abuse; (vi) diligence with regard to verification of the traceability of traders; (vii) the adequateness and correctness of the risk assessment as set out in Article 26; (viii) the adequateness and effectiveness of the measures taken according to Article 27 to address the risks identified in the risk assessments as set out in Article 26; (ix) the effectiveness of and compliance with codes of conduct. Audits on the subjects mentioned in points (i) to (vii) may be combined where the organisation performing the audits has subject-specific expertise on the subject matters at hand.
2021/07/08
Committee: IMCO
Amendment 1666 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point a
(a) are legally and financially independent from the very large online platform concerned;
2021/07/08
Committee: IMCO
Amendment 1667 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point b
(b) have proven expertise in the area of risk management, technical competence and capabilities;deleted
2021/07/08
Committee: IMCO
Amendment 1669 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c
(c) have proven objectivitybeen recognised and vetted by the Agency on the basis of their proven objectivity, subject-specific expertise and professional ethics, based in particular on adherence to codes of practice or appropriate standards.
2021/07/08
Committee: IMCO
Amendment 1671 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
(ca) natural persons performing the audits commit not to work for the very large online platform audited or a professional organisation or business association of which the platform is a member for a period of three years after their position in the auditing organisation has ended.
2021/07/08
Committee: IMCO
Amendment 1673 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – introductory part
3. The organisations that perform the audits shall establish an audit report for each audit subject as referred to in point (a) of paragraph 1. The report shall be in writing and include at least the following:
2021/07/08
Committee: IMCO
Amendment 1674 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point b a (new)
(ba) a declaration of interests;
2021/07/08
Committee: IMCO
Amendment 1675 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point d
(d) a description of the main findings drawn from the audit and a summary of the main findings;
2021/07/08
Committee: IMCO
Amendment 1682 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4
4. Very large online platforms receiving an audit report that is not positive shall take due account of any operational recommendations addressed to them with a view to take the necessary measures to implement them. They shall, within one month from receiving those recommendations, adopt an audit implementation report setting out those measures. Where they do not implement the operational recommendations, they shall justify in the audit implementation report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non- compliance identified.
2021/07/08
Committee: IMCO
Amendment 1686 #

2020/0361(COD)

Proposal for a regulation
Article 28 a (new)
Article 28a European Social Media Council 1. An independent advisory group named ‘European Social Media Council’ (the ‘Council) is established with a view to: (a) issuing non-binding guiding principles and recommendations to improve content moderation processes; (b) fostering a participative and transparent public debate around content moderation processes; and (c) issuing policy and enforcement recommendations to the Commission and the Agency, and requesting audits from the Agency, where necessary. 2. Very large online platforms shall commit to take the necessary technical and organisational measures to ensure that any operational recommendations addressed to them by the Council are implemented. To this end, they shall engage with the Council in good faith. 3. The status of member of the Social Media Council shall be awarded by the Commission, where the applicant has demonstrated to meet all of the following conditions: (a) it represents recipients of the service, or groups potentially impacted by services; (b) it has particular expertise and competence in the field of international human rights law, content moderation, algorithmic systems, media, consumer protection, disinformation, hateful speech, in areas of the risk assessments as referred to in Article 26, or other areas identified by audit reports; (c) in case of natural persons, it is independent from any online platform and from commercial interest; (d) in case of legal persons, it operates on a not-for-profit basis, is independent from commercial interest and has been properly constituted in accordance with the law of a Member State. 4. The Commission shall revoke the membership status if it determines, following an investigation either on its own initiative or on the basis information received by third parties that the member no longer meets the conditions set out in paragraph 3. Before revoking that status, the Commission shall afford the natural or legal person an opportunity to react to the findings of its investigation and its intention to revoke the status as a member of the Council. 5. The European Social Media Council shall publish in a standardised and machine-readable format, at least once a year, clear, easily comprehensible and detailed reports on its activities during the relevant period. 5. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Agency, to lay down a specific set of procedures for the functioning and financing of the Council.
2021/07/08
Committee: IMCO
Amendment 1688 #

2020/0361(COD)

Proposal for a regulation
Article 29 – title
Recommender systems of very large online platforms
2021/07/08
Committee: IMCO
Amendment 1689 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.deleted
2021/07/08
Committee: IMCO
Amendment 1703 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. In addition to the obligations applicable to all online platforms, very large online platforms shall offer to the recipients of the service the choice of using recommender systems from third party providers, where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the platform of its own recommender systems.
2021/07/08
Committee: IMCO
Amendment 1705 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 b (new)
2b. Very large online platforms may only limit access to third-party recommender systems temporarily and in exceptional circumstances, when justified by an obligation under Article 18 of Directive (EU) 2020/0359 and Article 32(1)(c) of Regulation (EU) 2016/679. Such limitations shall be notified within 24 hours to affected third parties and to the Agency. The Agency may require such limitations to be removed or modified where it decides by majority vote they are unnecessary or disproportionate.
2021/07/08
Committee: IMCO
Amendment 1706 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 c (new)
2c. Very large online platforms shall not make commercial use of any of the data that is generated or received from third parties as a result of interoperability activities for purposes other than enabling those activities. Any processing of personal data related to those activities shall comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c).
2021/07/08
Committee: IMCO
Amendment 1717 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available in an easily accessible and comprehensible format and through application programming interfaces a repository containing the information referred to in paragraph 2, until oneseven years after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/07/08
Committee: IMCO
Amendment 1727 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point d
(d) whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so, the mainall parameters used for that purpose including any parameters used to exclude particular groups;
2021/07/08
Committee: IMCO
Amendment 1729 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
(da) where it is disclosed, a copy of the content of commercial communications published on the very large online platforms that are not marketed, sold or arranged by the very large online platform, which have through appropriate channels been declared as such to the very large online platform;
2021/07/08
Committee: IMCO
Amendment 1731 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached in terms of impressions and engagements of the advertisement and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
2021/07/08
Committee: IMCO
Amendment 1734 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e a (new)
(ea) in case of an advertisement removed on the basis of a notice submitted in accordance with Article 14 or an order as set out in Article 8, the information referred to in points (b) to (d) of paragraph 2;
2021/07/08
Committee: IMCO
Amendment 1741 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The online platform shall make reasonable efforts to ensure that the information referred to in paragraph 2 is accurate and complete.
2021/07/08
Committee: IMCO
Amendment 1753 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon theirr an independent enforcement and monitoring unit of the Agency, upon reasoned request and within a reasonable period, specified in the request, access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
2021/07/08
Committee: IMCO
Amendment 1754 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Upon a reasoned request from at least three Digital Services Coordinators of destination, the Digital Services Coordinator of establishment or the CommissionAgency, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers, vetted not-for-profit bodies, organisations or associations or vetted media organisations who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification, mitigation and understanding of systemic risks as set out in Article 26(1) and Article 27(1).
2021/07/08
Committee: IMCO
Amendment 1762 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, be independent from commercial interestindependent from commercial interests, not receive any funding by any of the very large online platforms as defined in Article 25 and disclose all funding sources, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request. In order to be vetted, not-for-profit bodies, organisations or associations have to meet the requirements laid down in Article 68, have statutory objectives which are in the public interest, and have expertise related to the fields referred to in Article 26.
2021/07/08
Committee: IMCO
Amendment 1769 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 5
5. The Commission shall, after consulting the BoardAgency, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers, or not-for-profit bodies, organisations or associations or media organisations can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
2021/07/08
Committee: IMCO
Amendment 1777 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – introductory part
6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of followingit does not have access two reasons:the data.
2021/07/08
Committee: IMCO
Amendment 1779 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – point a
(a) it does not have access to the data;deleted
2021/07/08
Committee: IMCO
Amendment 1780 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – point b
(b) giving access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.deleted
2021/07/08
Committee: IMCO
Amendment 1786 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall maintain a list containing the vetted researchers, not-for- profit bodies, organisations and association and, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined by the Digital Service Coordinator or the Commission and the reasons for which they have been declined; (c) the number of such requests that have been declined by the Digital Service Coordinator or the Commission, including the reasons for which they have been declined, following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1790 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 b (new)
7b. The Commission shall issue regulatory guidance for very large online platforms and consult with the European Data Protection Board to facilitate the drafting and implementation of codes of conduct at Union level between very large online platforms and vetted researchers, not-for-profit bodies, organisations or associations or media organisation to appropriate technical and organisational safeguards to be implemented before data can be shared pursuant to paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1791 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 c (new)
7c. Upon completion of the research envisaged in Article 31(2), the vetted researchers, not-for-profit bodies, organisations or associations or media organisations, shall make their research publicly available, while fully respecting the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1797 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every six months in a standardised, machine-readable and easily accessible format.
2021/07/08
Committee: IMCO
Amendment 1801 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point d a (new)
(da) aggregate numbers for the total views and view rate of content prior to a removal on the basis of orders issued in accordance with Article 8 or content moderation engaged in at the provider’s own initiative and under its terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1806 #

2020/0361(COD)

Proposal for a regulation
Article 33 a (new)
Article 33a Interoperability 1. Very large online platforms shall make the core functionalities of their services interoperable to enable cross- platform exchange of information with third parties. Very large online platforms shall publicly document all application programming interfaces they make available to that end. 2. Very large online platforms may only limit access to their core functionalities temporarily and in exceptional circumstances, when justified by an obligation under Article 18 of Directive [XX] on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148 or Article 32(1)(c) of Regulation (EU) 2016/679 . Such limitations shall be notified within 24 hours to affected third parties and to the Agency. The Agency may require such limitations to be removed or modified where it decides by majority vote they are unnecessary or disproportionate. 3. Very large online platforms shall not make commercial use of any of the data that is generated or received from third parties as a result of interoperability activities for purposes other than enabling those activities. Any processing of personal data related to those activities shall comply with Regulation (EU) 2016/679, in particular Articles 6(1)(a) and 5(1)(c). 4. The Commission shall adopt implementing measures specifying the nature and scope of the obligations set out in paragraph 1, including open standards and protocols such as application programming interfaces.
2021/07/08
Committee: IMCO
Amendment 1813 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – introductory part
1. TWhere necessary to achieve agreed and clearly defined public objectives, the Commission shall support and promote the development and implementation of voluntary industry standards set by relevant European and international standardisation bodies at least for the following:
2021/07/08
Committee: IMCO
Amendment 1816 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point a
(a) electronic submission of notices under Article 14 in a manner that permits the logging and, where possible, the automatic publication of all relevant statistical data;
2021/07/08
Committee: IMCO
Amendment 1819 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point b
(b) electronic submission of notices by trusted flaggers under Article 19, including, if necessary, through application programming interfaces, and which permit the logging and, where possible, the automatic publication of all relevant statistical data;
2021/07/08
Committee: IMCO
Amendment 1820 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point b a (new)
(ba) terms and criteria for the submission of notices in a diligent manner by trusted flaggers under Article 19;
2021/07/08
Committee: IMCO
Amendment 1821 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point c
(c) specific interfaces, including application programming interfaces or other mechanisms, to facilitate compliance with the obligations set out in Articles 30 and 31;
2021/07/08
Committee: IMCO
Amendment 1830 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
(fa) transparency reporting obligations pursuant to Article 13;
2021/07/08
Committee: IMCO
Amendment 1832 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f b (new)
(fb) the design of online interfaces regarding inter alia the acceptance of and changes to terms and conditions, settings, advertising practices, recommender systems, and decisions within the content moderation process to prevent dark patterns;
2021/07/08
Committee: IMCO
Amendment 1833 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f c (new)
(fc) electricity, water and heat consumption, including such consumption caused by artificial intelligence and recommender systems by very large online platforms;
2021/07/08
Committee: IMCO
Amendment 1834 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f d (new)
(fd) data sufficiency, aiming at the reduction of data generation, in particular traffic data, including the reduction of associated electricity, water and heat consumption and resources from data centres.
2021/07/08
Committee: IMCO
Amendment 1841 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. At least with regard to points (a), (b) and (ba new) of paragraph 1, the Commission shall carry out thorough impact assessments before implementation in order to ensure compliance with Union law. In particular, such mechanisms shall not lead to restrictions being automatically imposed on notified content.
2021/07/08
Committee: IMCO
Amendment 1845 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the BoardAgency shall encourage and facilitate the drawfting upand implementation of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges ofand responsibilities involved in comprehensively tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data. Particular attention shall be given to avoiding counterproductive effects on competition, data access and security, the general monitoring prohibition and the rights of individuals. The Commission and the Agency shall approve and be party to any such code of conduct, in order to ensure adequate accountability and legal redress for individuals.
2021/07/08
Committee: IMCO
Amendment 1859 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1862 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 3. and/or 2, the Commission and the BoardAgency shall aim to ensure that the codes of conduct: (a) clearly set out their specific objectives, contain key performance indicators to measure the achievement of those objectives and take due account of; (b) define the nature of the public policy problem being addressed and the role of public authorities in complementing the activities undertaken as part of the code; (c) contain key performance indicators to measure the achievement of their objectives; (d) contain mechanisms for independent evaluation of the achievement of their objectives and to identify or anticipate possible counterproductive impacts; (e) contain mechanisms to adapt or abandon the code if its specific objectives are not being met or if counterproductive impacts are identified; (f) fully respect the needs and interests of all interested parties, including citizens, at Union levelindividuals. The Commission and the BoardAgency shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
2021/07/08
Committee: IMCO
Amendment 1869 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission and the BoardAgency shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate, at least once a year, the achievement of their objectives and include at least the following points: (a) the evolution of the scale and nature of the public policy problem being addressed by the relevant code. (b) the existence or emergence of commercial interests on the part of the online platform that may disincentivise the successful implementation of the code; (c) whether there are adequate safeguards to ensure the rights of individuals and businesses. They shall publish their conclusions.
2021/07/08
Committee: IMCO
Amendment 1875 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The BoardAgency shall regularly monitor and evaluate, at least once a year, the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain.
2021/07/08
Committee: IMCO
Amendment 1877 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5 a (new)
5a. For each Code of Conduct a European Citizens’ Assembly is established that monitors outcomes of the Codes of Conduct, discusses the main issues at stake publicly and sets out public policy recommendations to the Commission. The members of the European Citizens’ Assemblies shall be randomly selected so as to be broadly representative of European society elected taking into account gender, age, location, and social class.
2021/07/08
Committee: IMCO
Amendment 1885 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point a
(a) the transmission of information held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of Article 24a new;
2021/07/08
Committee: IMCO
Amendment 1886 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b
(b) the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30, in particular the information referred to in points (d) and (d a new) of paragraph 2 of Article 30..
2021/07/08
Committee: IMCO
Amendment 265 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 1
(1) Public sector bodies which allow re-use of the categories of data referred to in Article 3 (1) may charge cost-based fees for allowing the re-use of such data.
2021/05/28
Committee: IMCO
Amendment 267 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 2
(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrict competition or inhibit use of data for the general interest.
2021/05/28
Committee: IMCO
Amendment 269 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivisfacilitate the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and by small and medium-sized enterprises in line with State aid rules.
2021/05/28
Committee: IMCO
Amendment 307 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 6 a (new)
(6a) the provider shall take reasonable measures to ensure interoperability with other data sharing services by means of commonly used, formal or informal, open standards in the sector in which the data sharing service providers operate;
2021/05/28
Committee: IMCO
Amendment 20 #

2019/2190(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the precautionary principle should remain the guiding principle of the EU product safety legislation allowing competent authorities to take appropriate precautionary measures in case of serious doubt;
2020/05/20
Committee: IMCO
Amendment 26 #

2019/2190(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas the General Safety Product directive was adopted back in 2001 and consumers’ purchasing habits changed consequently since according to the growing e-commerce sales rates;
2020/05/20
Committee: IMCO
Amendment 28 #

2019/2190(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas according to evidence gathered by consumer organisations further to a mystery -shopping performed in 2019 on online marketplaces, about two-third of the products purchased online were non-compliant or unsafe;
2020/05/20
Committee: IMCO
Amendment 46 #

2019/2190(INI)

Motion for a resolution
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update market surveillance rules, including those for and uniformize market surveillance requirements for both harmonised and non-harmonised products, and make them fit for purpose in the digital age;
2020/05/20
Committee: IMCO
Amendment 49 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital world to tackle emerging risks and threats for the safety to consumers and protect their financial interests, such as privacy and security, including cybersecurity; asks the Commission to address the challenges of emerging technologies such as artificial intelligence (AI), the internet of things (IoT) and, robotics and 3D-printing in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation and other product- specific legislations such as the Toys Directive, while avoiding duplicating legislation and ensuring a consistent approach towards product safety;
2020/05/20
Committee: IMCO
Amendment 57 #

2019/2190(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Considers that consumers' health and safety is put at risk through a very high number of dangerous products that freely circulate in the EU as safety rules on chemicals and other toxic substances in products are missing, not properly enforced ,or need to be reviewed for a stricter framework; therefore calls on the Commission to take additional regulatory measures to eliminate toxic chemicals and substances from consumer products which is a pre-condition for a safe circular economy;
2020/05/20
Committee: IMCO
Amendment 66 #

2019/2190(INI)

Motion for a resolution
Paragraph 5
5. Is convinced that AI embedded into products can modify the naturpurpose of products throughout its life-cycle, and have an impact on their safety after they have been placed on the market, in particular as a result of updates or in the case of self-learning technology ; urges the Commission to consider whether ‘placing on the market’ as the decisive moment for the economic operator to guarantee the safety of the product is an approach still fit for purpose while continuous compliance along the lifespan of the product should be at the core of safety requirements for digital goods;
2020/05/20
Committee: IMCO
Amendment 72 #

2019/2190(INI)

Motion for a resolution
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; is convinced that an EU-wide approach to AI, including a common definition but also quality-, transparency- and debiasing requirements, especially on the data sets used, is needed to avoid fragmentation of the internal market, which would undermine the trust of citizens and businesses, create legal uncertainty and weaken the EU’s economic competitiveness;
2020/05/20
Committee: IMCO
Amendment 82 #

2019/2190(INI)

Motion for a resolution
Paragraph 7
7. EncouraUrges the Commission to develop measures, such as risk-basedmandatory assessment schemes and conformity assessment mechanisms as well as re-assessment procedures throughout the life-cycle of products, where they do not yet exist, to ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can createensure compliance with safety rules as well as adequate support to market surveillances authorities to perform their duties;
2020/05/20
Committee: IMCO
Amendment 97 #

2019/2190(INI)

Motion for a resolution
Paragraph 8
8. Urges the Commission to evaluate, in case of a necessary reassessment of products, whether more flexibility could be considered for low-risk products for the purposes of conformity assessment in order to reduce the administrative burden and facilitate product refurbishment;deleted
2020/05/20
Committee: IMCO
Amendment 101 #

2019/2190(INI)

Motion for a resolution
Paragraph 9
9. Asks the Commission and the Member States to take account of the autonomous self-learning behaviour of AI throughout a product’s lifetime and set up mechanisms such as re-evaluation procedures to demonstrate continuous compliance with product safety rules in light of possible emerging risks; calls for human oversight and effective checks on high-risk AI products to ensure product safety;
2020/05/20
Committee: IMCO
Amendment 108 #

2019/2190(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses that a regulatory framework on AI should follow a risk- based approach designed on clear and transparent criteria and set-up legal obligations according to the categories of products, based on the potential harm for the individual as well as for society at large, with increased obligations for high- risk products such as mandatory third- party conformity assessment schemes; Adds furthermore that human oversight should be the by-default option for such products;
2020/05/20
Committee: IMCO
Amendment 114 #

2019/2190(INI)

Motion for a resolution
Paragraph 10
10. Encourages economic operators to integrate safety and security mechanisms in emerging technologies, including self- repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products and patching, and ensure safety throughout their lifecycle, including end-of-life;
2020/05/20
Committee: IMCO
Amendment 117 #

2019/2190(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including 5G, in order to improve the safety of connected products;deleted
2020/05/20
Committee: IMCO
Amendment 125 #

2019/2190(INI)

Motion for a resolution
Paragraph 12
12. Is convinced that the lack of cybersecurity of connected devices can compromise product safety, and that this needs to be addressed in the revision of the relevant ruleby defining minimum mandatory requirements addressing privacy and security threats, including against cyberattacks, from design stage in the revision of the relevant rules, both at horizontal and sectoral levels;
2020/05/20
Committee: IMCO
Amendment 136 #

2019/2190(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to speed upHighlights that the EU Cybersecurity Act is one of the main tools to enhance cyber security at EU level but its efforts to develop a European cybersecurity certification schemebased on a voluntary certification scheme only; Calls on the Commission to come-up with a regulatory framework setting mandatory cybersecurity requirements for AI, IoT and robotics products , ands well as to create corresponding mandatory certification schemes for consumer products that can be quickly updated to adapt to current risks without hindering innovation;
2020/05/20
Committee: IMCO
Amendment 144 #

2019/2190(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses that the use of third-party conformity assessment improves the safety and compliance of products with EU standards by providing independent, reliable and impartial procedures that should be reinforced, also through mandatory obligations, when reviewing the product safety legislation;
2020/05/20
Committee: IMCO
Amendment 146 #

2019/2190(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Stresses that market surveillance activities are central in making sure that only safe products are placed on the market and that discrepancies among Member States in implementing EU market surveillance legislation are disadvantageous for consumers and businesses, resulting in an unequal playing field and different level of product safety across the internal market; Calls therefore for specific measures such as uniform rules on checks and penalties;
2020/05/20
Committee: IMCO
Amendment 156 #

2019/2190(INI)

Motion for a resolution
Paragraph 14
14. Encourages Member States to increase the resources and expertise of their market surveillance authorities, to enhance cooperation and develop joint actions among them, including at cross- border level, improve the efficiency and effectiveness of checks, and properly staff custom and market surveillance authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
2020/05/20
Committee: IMCO
Amendment 167 #

2019/2190(INI)

Motion for a resolution
Paragraph 15
15. Urges the Commission and Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping on a regular basis at leasf products representing significant percentages of each type of products placed on the market once a year, in particular for theregular basis; Adds that particular attention should be given to product categories most notified on the Safety Gate (Rapex) and take appropriate restrictive measures in case of risk;
2020/05/20
Committee: IMCO
Amendment 170 #

2019/2190(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Recalls that environmental and sustainability requirements in product- specific legislation are also part of the EU safety framework in order to avoid that consumers are exposed to harmful and toxic substances; Calls on the Member States to dedicate additional resources to implementation and enforcement of these requirements with the support from the Commission;
2020/05/20
Committee: IMCO
Amendment 182 #

2019/2190(INI)

Motion for a resolution
Paragraph 17
17. Stresses that products directly purchased by consumers from non-EU economic operators must be subject to effective controls; calls on market surveillance and customs authorities to undertake adequate checks on these products;
2020/05/20
Committee: IMCO
Amendment 188 #

2019/2190(INI)

Motion for a resolution
Paragraph 18
18. Asks the Commission to cooperate with the regulatory authorities of third countries, to exchange market surveillance- related information on dangerous products with them, and to include market surveillance-related provisions in all bilateral trade agreements;
2020/05/20
Committee: IMCO
Amendment 193 #

2019/2190(INI)

Motion for a resolution
Paragraph 19
19. Urges the Commission to improve, at European and international level, cooperation between consumer protection, market surveillance and, customs authorities so as to enable the swift transfer of information on unsafe products;and other relevant authorities dealing with safety aspects raised by emerging technologies, such as data protection and privacy, cybersecurity so as to enable the swift transfer of information on unsafe products and coordination of enforcement measures, such as checks and penalties; `
2020/05/20
Committee: IMCO
Amendment 203 #

2019/2190(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Underlines that access to the relevant documentation is key for market surveillances activities to perform their activities and assess the compliance of products with relevant safety rules; Stresses that for AI-embedded products and connected devices, it is essential to provide access to market surveillance authorities to software documentation, data sets and algorithmic-decision making;
2020/05/20
Committee: IMCO
Amendment 204 #

2019/2190(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Reiterates its call for funding under the MFF Single Market Programme of activities to support and strengthen market surveillance authorities in their tasks across the internal market and ensure uniform enforcement of the rules;
2020/05/20
Committee: IMCO
Amendment 212 #

2019/2190(INI)

Motion for a resolution
Paragraph 21
21. WelcoStresses that consumers should be offered equally safe products whether buying online or offline and while welcoming the Product Safety Pledge7 for online marketplaces, but highlights its voluntary character that demonstrated to be not sufficient in making sure that only safe products are placed on the market; calls on the Commission to evaluate the role marketplaces could play in limproviting the detecistribution of unsafe products, and to propose mandatory rules on their responsibility, taking into account the special role of SMEsobligations and responsibility as part of the Digital Services Act, the revision of GPSD and any other relevant legislation; __________________ 7Product Safety Pledge is a voluntary commitment made by online marketplaces with respect to the safety of non-food consumer products sold online by third party sellers from June 2018.
2020/05/20
Committee: IMCO
Amendment 220 #

2019/2190(INI)

Motion for a resolution
Paragraph 22
22. EncouragesCalls on online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities a well as with consumer organisations when contacted by them to alert about a risk posed by a product by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines forestablish obligations requiring online marketplaces on how to react effectively to unsafe products and withdraw them within the 24 hours of a notification;
2020/05/20
Committee: IMCO
Amendment 227 #

2019/2190(INI)

Motion for a resolution
Paragraph 23
23. Asks online marketplaces tothe Commission and Member States to step up market surveillance for online marketplaces by developing and putting in place appropriate tools to do so, as well as enhance their cooperation via joint activities, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible EU-wide tool for consumers to report unsafe products;
2020/05/20
Committee: IMCO
Amendment 232 #

2019/2190(INI)

Motion for a resolution
Paragraph 24
24. Urges the Commission and the Member States to oblige online marketplaces to create an interface with Rapex alerting them that a product has been notified in the system in order to ensure that products offered for sale are safe, and to introduce a link to Rapex on their websites so as to raise awareness about this platform;
2020/05/20
Committee: IMCO
Amendment 245 #

2019/2190(INI)

Motion for a resolution
Paragraph 25
25. Asks the Commission to evaluate the necessity of requiring online platforms to put in place effective and appropriate safeguards to tackleban the appearance of advertisements for unsafe products;
2020/05/20
Committee: IMCO
Amendment 255 #

2019/2190(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Considers that standardisation work should take into consideration sustainability aspects when developing product standards in order to prevent the use of harmful and toxic substances posing a serious risk from the design stage to maintain a high-level of safety for consumers;
2020/05/20
Committee: IMCO
Amendment 270 #

2019/2190(INI)

Motion for a resolution
Paragraph 29
29. Asks the Commission to evaluate how distributed ledger technology and blockchain could enhance the safety of products by improving product traceability throughout the supply chain, including through their standardisation;
2020/05/20
Committee: IMCO
Amendment 272 #

2019/2190(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Highlights that many standards do not address how men and women may be impacted in different ways by standards which might lead for certain categories of products, such as protective equipment, to discrepancies in terms of safety; Welcomes the signature by over 50 standardisation bodies of the Declaration on Gender Responsive Standards and standards development to address this gender gap; and urges the Commission to include gender-mainstreaming aspects in its standardisation work;
2020/05/20
Committee: IMCO
Amendment 275 #

2019/2190(INI)

Motion for a resolution
Paragraph 30
30. Notes that consumers respond poorly to recalls, and that unsafe products continue to be used even though they have been recalled; asks the Commission to publish guidelines on recall procedures, including a check list with concrete requirements, in order to increase the number of consumers reached, while taking into account that recalls can create considerable challenges for SMEs;
2020/05/20
Committee: IMCO
Amendment 280 #

2019/2190(INI)

Motion for a resolution
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumersthat products are withdrawn swiftly from the online marketplace, at the latest within 24 hours, and recalled from consumers through legal obligations on adequate information and targeted contacts ;
2020/05/20
Committee: IMCO
Amendment 284 #

2019/2190(INI)

Motion for a resolution
Paragraph 32
32. Urges the Commission and the Member States to enhance cross-border exchange of best practices on recalls, to increase product registration rates so that consumers affected can be more easily identified, even for cross-border purchases, and to enable economic operators to use data - such as loyalty schemes - to reach consumers without infringing GDPR rules;
2020/05/20
Committee: IMCO
Amendment 11 #

2019/2187(INI)

Motion for a resolution
Citation 33 a (new)
- having regard to Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe to member states on measures to combat discrimination on grounds of sexual orientation or gender identity, in particular Title VIII (Housing);1a __________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
2020/09/09
Committee: EMPL
Amendment 56 #

2019/2187(INI)

Motion for a resolution
Recital D a (new)
Da. whereas homelessness is a profound assault on dignity, belonging, and life itself and fundamentally irreconcilable with the EU’s objectives of social progress and its social model;
2020/09/09
Committee: EMPL
Amendment 60 #

2019/2187(INI)

Motion for a resolution
Recital E
E. whereas there is a shortage of social, affordable and accessible housing; whereas housing affordability has to be seen in its overall relation to income patterns and developments, distributional justice and excessive rises in housing costs and has a clear gender dimension;
2020/09/09
Committee: EMPL
Amendment 64 #

2019/2187(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas a steep and continuous increase in house prices and market rents spurred on by gentrification, touristification and financialisation of the housing markets can be noted, in particular in cities and (sub)-urban areas;
2020/09/09
Committee: EMPL
Amendment 69 #

2019/2187(INI)

Motion for a resolution
Recital E b (new)
Eb. Whereas the restitution of pre WWII property in some EU countries turned the tenants of these houses in a highly vulnerable category, living under permanent threat of eviction ;
2020/09/09
Committee: EMPL
Amendment 79 #

2019/2187(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas energy poverty is a persistent scourge, affecting more than 50 million of people in the EU21a and whereas COVID 19 is deepening the crisis with confinement leading to soaring energy consumptions and bills but also with a large number of workers who have lost their jobs or part of their income as a consequence ; whereas lower-income households also pay more for energy; __________________ 21aCommission communication of 11 December 2019 on The European Green Deal (COM(2019)0640), p. 9.
2020/09/09
Committee: EMPL
Amendment 86 #

2019/2187(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas the renovation wave must play an important role in achieving energy saving, reducing costs and energy consumption and therefore helping alleviate energy poverty and improve comfort, sanitary and living conditions for all;
2020/09/09
Committee: EMPL
Amendment 87 #

2019/2187(INI)

Motion for a resolution
Recital F c (new)
Fc. whereas the access to decent and affordable housing is harder for women, the youth and people in more vulnerable situations such as young unemployed couples, single parents, large families, the elderly, LGBTI persons, migrants, refugees, persons with disabilities, people with physical or psychiatric illnesses, people from marginalised communities including Roma ;
2020/09/09
Committee: EMPL
Amendment 97 #

2019/2187(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas the Commission has announced an upcoming LGBTI Equality Strategy to be adopted by Q4 2020;
2020/09/09
Committee: EMPL
Amendment 102 #

2019/2187(INI)

Motion for a resolution
Recital G c (new)
Gc. whereas the European Commission study on legal gender recognition in the EU highlights discrimination against trans and gender non-conforming persons in access to the housing market, including losing homes due to the divorce requirement of some gender recognition processes in the EU, and that access to legal gender recognition increases trans person’s likelihood of finding housing in cases where their documents match their gender expression;
2020/09/09
Committee: EMPL
Amendment 106 #

2019/2187(INI)

Motion for a resolution
Recital G d (new)
Gd. whereas the Committee of Ministers of the Council of Europe recommended to Member States in CM/Rec(2010)5 that measures should be taken to ensure that access to adequate housing can be effectively and equally enjoyed by all persons, without discrimination on grounds of sexual orientation or gender identity; whereas it recommended additionally that appropriate attention should be paid to the risks of homelessness experienced by LGBTI persons, including young persons and children who may be particularly vulnerable to social exclusion, including from their own families;
2020/09/09
Committee: EMPL
Amendment 127 #

2019/2187(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission and the Member States to ensure access for all to decent housing, including clean and high- quality drinking water and, adequate and equitable sanitation and hygiene,, hygiene and indoor environmental quality and to affordable, reliable and, sustainable energy, for all hence contributing to eradicatinge poverty in all its forms, supporting the most vulnerable groups, especially young children, the elderly and permanently sick and persons with disabilities, the homeless and Roma so as to protect their health and well- being; reaffirms its call for EU-a wide EU action for a winter heating disconnection moratorium; calls on theencourages Member States to meet the standards laid down by theensure a minimum water supply and to protect the human rights of disadvantaged households; calls on the Member States to meet World Health Organization (WHO) standards for adequate housing temperature; demands that the revision of the air quality regulation to be aligned with WHO standards; calls for the introduction at EU level of minimum mandatory requirements to be introduced for indoor air quality, at the minimum aligned with WHO guidelines;
2020/09/09
Committee: EMPL
Amendment 143 #

2019/2187(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to prioritise emissions reductions through housing renovation in the social housing sector and for worst performing buildings in the Renovation Wave, while, including owner-occupied multi- apartment buildings and single family homes, in the Renovation Wave, while ensuring an adequate indoor environmental quality and tackling inadequate housing and housing accessibility and eliminating energy poverty in order to ensure a socially just transition to a climate-neutral economy that leaves no one behind; underlines the role that minimum energy performance standards (MEPS) play in stimulating the volume and depth of renovation for worst- performing buildings; stresses, therefore, that tenants and owner-occupiers should be fully informed and involved in renovation projects and should not see overall costs increase because of them;
2020/09/09
Committee: EMPL
Amendment 157 #

2019/2187(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Commission to prioritise the Renovation Wave within the Mmultiannual Ffinancial Fframework and Next Generation EU, placutting people in vulnerable situations at the centre of the recovery policies, and to ensure equal access to renovation projects forto all; calls on the Member States to prioritise renovation in their recovery and resilience plans in order to contribute to achieving deep renovation of 3 % of the European building stock per year; Calls on the Commission to prioritise the Renovation Wave within the Multiannual Financial Framework and Next Generation EU, placing people in vulnerable situations at the centre of the recovery policies, and to ensure equal access to renovation projects for al, as investment in this field can act as a countercyclical intervention with an important job-creation potential; calls on the Member States to prioritise renovation in their recovery and resilience plans in order to contribute to achieving deep renovation of at least 3% of the European building stock per year;
2020/09/09
Committee: EMPL
Amendment 164 #

2019/2187(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the EU and Member States to apply circular principles at building and product level with mandatory green criteria when considering options for renovation to favour construction products from low- carbon, sustainable and non-toxic materials that are also easy to repair and reuse and foster the fast transition to renewable sources of energy for heating and cooling;
2020/09/09
Committee: EMPL
Amendment 167 #

2019/2187(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls on the Commission to ensure that public procurement rules allow for innovation and long-term partnerships, such as district approaches, for renovation in the social housing sector;
2020/09/09
Committee: EMPL
Amendment 170 #

2019/2187(INI)

Motion for a resolution
Paragraph 4
4. Calls for an EU- level goal tof ending homelessness by 2030; calls on the Commission to take stronger action to support Member States in reducing and eradicating homelessness as a priority in the context of the action plan on the EPSR; calls on the Commission to propose an EU fFramework for nNational hHomelessness sStrategies; calls on the and Member States to prioritise the provision of permanent housing to homeless people; stresses the importance of reliable data collection on homelessness also by preparing their National Homelessness Strategies listing proactive and reactive measures on the basis of systemic consultation with NGOs working in the field of homelessness, poverty and discrimination; stresses the importance of reliable data collection on homelessness with the involvement of the relevant NGOs and authorities active in service provision for persons at risk or experiencing homelessness; calls on the Commission to develop coherent EU indicators and monitoring;
2020/09/09
Committee: EMPL
Amendment 182 #

2019/2187(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Commission to specifically address LGBTI homelessness in its upcoming LGBTI Equality Strategy, particularly regarding youth, to create tools for enhanced data collection, to foster research across the EU and to facilitate the exchange of approaches to tackle the problem of LGBTI people experiencing homelessness between member states;
2020/09/09
Committee: EMPL
Amendment 190 #

2019/2187(INI)

Motion for a resolution
Paragraph 5
5. Reiterates its call forof 16 January 2014 to put an end to the criminalisation of homeless people and to change the discriminatory practices used to prevent homeless people from accessing social services and shelter; calls on Commission to play its role in swiftly challenging such measures and strongly oppose any hostile measures against the poor and the marginalised;
2020/09/09
Committee: EMPL
Amendment 194 #

2019/2187(INI)

Motion for a resolution
Paragraph 6
6. Calls on thefor Member States to ensure that exceptional measures to prevent homelessness and protect homeless people in the context of the COVID-19 crisis, notably through moratoria on evictions and disconnection from energy supply and the provision of temporary housing, are maintained as long as needed and are followed up with adequate and, permanent solutions;
2020/09/09
Committee: EMPL
Amendment 197 #

2019/2187(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Emphasises that women’s homelessness is often less visible and needs to be specifically addressed; calls on the Commission and Member States to develop a gendered approach in their homelessness strategies in order to support women experiencing homelessness, who have often suffered from complex trauma and face re- traumatisation, such as domestic violence and abuse, separation from their children, stigmatisation and lack of safe and secure spaces;
2020/09/09
Committee: EMPL
Amendment 200 #

2019/2187(INI)

Motion for a resolution
Paragraph 7
7. Calls for a comprehensive and integrated anti-poverty strategy with a designated poverty reduction target, including for child poverty; calls for a binding European framework directive for minimum income schemes; stresses that minimum income schemes could prevent and lift households out of severe material deprivation and allow for an income above the poverty threshold;
2020/09/09
Committee: EMPL
Amendment 218 #

2019/2187(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Member States to ensure equal access to housing for all, fight against racism and anti-gypsyism and safeguard non-discrimination on all grounds stipulated in Article 21 of the EU Charter of Fundamental Rights; calls on the Commission and the Member States to ensure the implementation of the Charter as well as of the Racial Equality Directive as well as the EU framework for the implementation of National Roma Integrations Strategies and the UNCRPD; demands that they pay particular attention to intersectional discrimination; calls on the Council to swiftly adopt the horizontal anti-discrimination directive; calls on the Commission to effectively evaluate the political commitment of Member states and launch infringement procedures against Member Statesthose which do not enforce EU anti- discrimination legislation or which criminalise the homeless;
2020/09/09
Committee: EMPL
Amendment 226 #

2019/2187(INI)

Motion for a resolution
Paragraph 9
9. Notes with deep concern that the living conditions of Romani people continue to be extremely worrying; calls on the Member States to promote spatial desegregation and engage Roma beneficiaries in housing projects, with many often living in segregated settlements characterised by substandard living conditions ;Calls on the Member States to promote spatial desegregation and engage Roma beneficiaries in the design, implementation, monitoring and evaluation all stages of housing projects, to effectively ensure they are provided with the information to benefit from the existing funds as well as the antidiscrimination policies and mechanisms to prevent forced evictions, and to provide sufficient and appropriate halting sites for non-sedentary Roma; emphasises the urgent need for public investments in this regard also due to the dangers of the COVID-19 epidemic, and urges the Commission and the Member States to utilize the planned Just Transition Fund for improving the housing-, health- and employment-related situation of the Roma;
2020/09/09
Committee: EMPL
Amendment 234 #

2019/2187(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Notes with deep concern that persons with disabilities often face several complex challenges and rights deprivation in the field of housing, such as their lack of a right to live in the community with equal opportunities, the lack of availability of community-based services which are necessary to safeguard the transition from institutional care to living in the community, the fact that they are often forced to live in segregated residential institutions, poverty, their lack of access to housing programmes, the existing barriers to accessibility, etc.; calls for a rapid deinstitutionalisation all across Europe and the use of available EU and national funds to create accessible, non-segregated housing and to provide the necessary community-based services for persons with disabilities for the sake of safeguarding their right to live independently in the community and to have equal chances to participate in the society;
2020/09/09
Committee: EMPL
Amendment 238 #

2019/2187(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls on the Commission and the Member States to ensure that no EU or Member State funds will be used for housing projects leading to segregation or social exclusion;
2020/09/09
Committee: EMPL
Amendment 239 #

2019/2187(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Calls on the Commission and the Member States to impose a general obligation of meeting accessibility criteria in the in the framework of the planned Renovation Wave of public and private buildings foreseen by the European Green Deal communication and to use its potential to tackle accessibility for persons with disabilities and older persons in order to make housing “future proof” in the light of the increasing demographic change;
2020/09/09
Committee: EMPL
Amendment 245 #

2019/2187(INI)

Motion for a resolution
Paragraph 10
10. Recalls that EU policies, funding programmes and financing instruments have a great impact on housing markets and citizens’ lives; calls on the Commission to develop an integrated strategy for social, public, non-segregated and affordable housing at EU level creating an enabling framework for national, regional and local authorities to ensure the provision of safe, healthy, accessible and affordable quality housing for all;
2020/09/09
Committee: EMPL
Amendment 269 #

2019/2187(INI)

Motion for a resolution
Paragraph 12
12. Urges the Commission to provide more accurate data on housing markets, including at subnational level, through Eurostat (European Statistics on Income and Living Conditions (EU-SILC)) and the European Energy Poverty Observatory taking into account the fragmentation of national housing markets and differences between Member States; calls upon the Commission to set-up a multi-level governance monitoring system on affordable housing at EU level in the context of the Energy Poverty Observatory; stresses the need to develop a comprehensive definition of housing affordability at EU level taking into account a broad range of indicators such as eviction and poverty rates;
2020/09/09
Committee: EMPL
Amendment 273 #

2019/2187(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls upon the Council and Member States to reintroduce the Informal Meetings of Housing Ministers, to involve the Parliament as well as to open it to stakeholders and to present a revised format of the Housing Focal Points;
2020/09/09
Committee: EMPL
Amendment 276 #

2019/2187(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Member States and regional and local authorities to put in place legal provisions to protect tenants and owner-occupiers from eviction and to ensure security of tenure by favouring long-term rental contracts as the default option, together with rent transparency and rent control meas, including clear rental regulations, to protect the rights of tenants and owner-occupiers and prevent evictions, also after renovation measures and including those living in a dwelling alienated from the state during restitution process and to ensure security of tenure by favouring long-term rental contracts as the default option, together with rent transparency and rent control measures provide support for organisations working on the protection of tenants and owner- occupiers and to set up low-threshold legal dispute settlement procedures;
2020/09/09
Committee: EMPL
Amendment 301 #

2019/2187(INI)

Motion for a resolution
Paragraph 15
15. Notes with concern the increased financialisation of the housing market, in particular in cities, whereby investors treat housing as a tradable asset rather than a human right, from buy-to-let, to institutional investment by means of real estate shares and foreign capital and buy- to-leave schemes; calls on the Commission to assess the contribution of EU policies and regulations to financialisation of the housing market and the ability of national and local authorities to ensure the right to housing and, where appropriate, to put forward legislative proposals to counter financialisation of the housing market by mid-2021; calls on the Member States and local authorities to put in place taxation measures to counter speculative investment, and to develop urban and rural planning policies that favour affordable housing, social mix and social cohesion; calls on Member States and local authorities to support providers of social, cooperative and public housing as a way to promote non-speculative housing;
2020/09/09
Committee: EMPL
Amendment 309 #

2019/2187(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Stresses that transparency on real estate ownership and transactions is vital to prevent distortions in the housing market and to prevent money laundering and tax evasion in this sector; Reiterates the obligation in the anti-money laundering Directive for the Commission to report by 31 December 2020 on the need to harmonise information on real estate ownership and on the inter- connection of these national registers;
2020/09/09
Committee: EMPL
Amendment 310 #

2019/2187(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the European Commission and the Member States to better protect mortgage borrowers against evictions; calls on the European Commission and the Member States to strengthen existing or, as the case may be, adopt new binding conduct rules for creditors, credit servicers and credit purchasers to avoid misleading practices, harassment and violation of consumer’s rights, at least as far as mortgage loans are concerned; such rules should particularly specify requirements for reasonable and viable forbearance measures in addition to those provided for in Article 28of Directive 2014/17/EU; invites the Commission to put forward a legislative proposal on a minimum loan to value ratio in the market for mortgage credit; calls on the Commission to consider the impact on housing markets when proposing rules on securitisation;
2020/09/09
Committee: EMPL
Amendment 316 #

2019/2187(INI)

Motion for a resolution
Paragraph 16
16. Points out that the expansive growth of short-term holiday rental is extracting housing from the market and driving up prices, and has a negative impact on liveability; calls on the Commission to set up a regulatory framework for short-term accommodation rental that gives wide discretion to national and local authorities to define proportionate rules for hospitality services, including mandatory registration, limitation of permits and specific zoning policies; urges the Commission to include in the Digital Services Act a proposal for mandatory information-sharing obligations for platforms in the short-term accommodation rental market, in line with data protection rules, as this access to information is essential for authorities in order to ensure the availability of affordable housing;
2020/09/09
Committee: EMPL
Amendment 333 #

2019/2187(INI)

Motion for a resolution
Paragraph 17
17. Stresses that the investment gap for affordable housing amounts to €57 billion per year 22a; Calls on the Commission and the Member States to close the investment gap for affordable housing as a matter of priority; calls in this regard for a reform of the Stability and Growth Pact allowing for increased fiscal space for sustainable public investments, in particular in social and affordable housing; calls, furthermore, for a harmonised accounting for amortisation methodology for affordable housing investments; __________________ 22aReport of the High-Level Task Force on Investing in Social Infrastructure in Europe: “Boosting Investment in Social Infrastructure in Europe”(2018).
2020/09/09
Committee: EMPL
Amendment 343 #

2019/2187(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Welcomes the financing of social and affordable housing loans through InvestEU and in the broader EIB portfolio; Urgently calls upon the Commission to ensure that EU funding and EIB financing become better accessible for local and regional, social and public affordable housing providers; calls on the EIB to try to strengthen the relevant landing via targeted technical assistance and closer cooperation with financial intermediaries;
2020/09/09
Committee: EMPL
Amendment 350 #

2019/2187(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission and the Member States to further increase investment in the EU in affordable andadequate, energy- efficient affordable and social housing and in tackling homelessness and housing exclusion, through the European Regional Development Fund, the Just Transition Fund, InvestEU, ESF+, Horizon Europe and Next Generation EU, especially in regard to the Recovery and Resilience Facility and the national Recovery and Resilience Plans and to ensure greater synergies between those instruments;
2020/09/09
Committee: EMPL
Amendment 9 #

2019/2186(INI)

Motion for a resolution
Citation 41 a (new)
– having regard to the ILO’s ‘Centenary Declaration for the Future of Work’ of 21 June 2019,
2021/03/25
Committee: EMPL
Amendment 10 #

2019/2186(INI)

Motion for a resolution
Citation 41 b (new)
– having regard to the ILO World Employment and Social Outlook 2021 ‘The role of digital labour platforms in transforming the world of work’,
2021/03/25
Committee: EMPL
Amendment 11 #

2019/2186(INI)

Motion for a resolution
Citation 41 c (new)
– having regard to the 2020 Gender Equality Index Report,
2021/03/25
Committee: EMPL
Amendment 12 #

2019/2186(INI)

Motion for a resolution
Citation 41 d (new)
– having regard to the Data&Society report of February 2019 entitled ‘Workplace Monitoring & Surveillance’ and ‘Algorithmic Management in the Workplace’,
2021/03/25
Committee: EMPL
Amendment 13 #

2019/2186(INI)

Motion for a resolution
Citation 41 e (new)
– having regard to the EPRS report of November 2020 entitled ‘Data subjects, digital surveillance, AI and the future of work’;
2021/03/25
Committee: EMPL
Amendment 22 #

2019/2186(INI)

Motion for a resolution
Recital A
A. whereas platform work canmay create employment opportunities, increase choice, provide additional income, and lower barriers to entering the labour market; whereas platform work may facilitates flexibility for both workers and clients, and the matching of demand for and supply of services, as well as innovation in digital tools, which is a useful vector for growth in times of crisis and recovery;
2021/03/25
Committee: EMPL
Amendment 34 #

2019/2186(INI)

Motion for a resolution
Recital B
B. whereas platform work has alsocan also shift employment away from quality jobs, lead to unfair competition and has raised concerns about precariousness or and poor working conditions, lack of access to adequate social protection, fragmented and unstable income, and a lack of occupational health and safety measures, especially for lower-skilled on-location platform workers and workers performing micro-tasks, as highlighted during the COVID-19 crisis; whereas platform workers that suffered loss of income because of the pandemic were often not eligible for neither the income support measures for employees nor for the self- employed;
2021/03/25
Committee: EMPL
Amendment 40 #

2019/2186(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas platform workers are exposed to particular health and safety risks due to the characteristics of work they are performing and on-location platform workers have an increased risk of contracting Covid-19; whereas the road safety of platform workers in the transport and delivery sector, in particular cyclists as vulnerable road users, and the safety of other road users can be put in danger because of speed and efficiency pressure; whereas platform workers, in particular female drivers and women providing cleaning and care services in private residences, can have an increased risk of being victims of sexual harassment and violence and might refrain from reporting because of lack of reporting tools, no contact with a human manager or fear of bad ratings and loss of future work; whereas sexual harassment and violence are underreported in platform work;
2021/03/25
Committee: EMPL
Amendment 49 #

2019/2186(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas digital labour platforms use digital tools such as apps, algorithms and AI as part of their primary business model to match supply and demand and to manage their workers; whereas algorithmic management presents new challenges for the future of work, such as technology-enabled control and surveillance through prediction and flagging tools, remote real-time monitoring of progress and performance and time-tracking, automated behavioural nudges which can generate excessive speed and efficiency pressure for workers, track employees’ behavioural patterns, exacerbate discriminatory practices and entail significant risks for privacy, workers’ health and safety and human dignity16a; __________________ 16a Workplace Monitoring & Surveillance, Data & Society, Mateescu, A., Nguyen, A., Explainer: February 2019
2021/03/25
Committee: EMPL
Amendment 51 #

2019/2186(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas algorithmic management can create power imbalances and obscurity about decision-making and must be fully transparent in order for workers to effectively challenge these decisions; whereas a massive imbalance of information between platform workers and digital labour platforms exists;
2021/03/25
Committee: EMPL
Amendment 53 #

2019/2186(INI)

Motion for a resolution
Recital B d (new)
Bd. whereas artificial intelligence trained or fed with biased datasets can exacerbate existing biases and systematically implement them in all its outcomes; whereas women and migrants have a higher risk of costumer rating bias;
2021/03/25
Committee: EMPL
Amendment 54 #

2019/2186(INI)

Motion for a resolution
Recital B e (new)
Be. whereas research shows that transportation network companies add to congestion, increase emission levels and reduce the use of public transport and active mobility in cities where they are operating, causing an increase in air pollution and CO2 emissions;17a __________________ 17a https://www.transportenvironment.org/ne ws/uber-and-lyft-increase-pollution-and- undermine-public-transport-study-shows
2021/03/25
Committee: EMPL
Amendment 55 #

2019/2186(INI)

Motion for a resolution
Recital B f (new)
Bf. whereas digital labour platforms globally generated revenue of at least US$52 billion in 2019; whereas about 70 per cent of the revenues generated were concentrated in just two countries, the United States (49 per cent) and China (22 per cent), while the share was much lower in Europe (11 per cent) and other regions (18 per cent);18a __________________ 18aILO, World Employment and Social Outlook 2021 ‘The role of digital labour platforms in transforming the world of work’, p. 20.
2021/03/25
Committee: EMPL
Amendment 58 #

2019/2186(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the representation of women and men varies across the different types of services and platforms; whereas platform work impacts women and men differently because of gendered employment patterns and the implications of some work and social protections (e.g. parental leave) for gender equality; whereas men are more represented in platform work with higher work autonomy and women are more likely to perform more precarious platform work with limited work autonomy; whereas in on-location and low-skilled and low-paid platform work digital labour platforms often encourage working patterns that do not combine well with caring and family responsibilities such as long or unsocial working hours, intense work at times and places of high demand, and immediate availability to perform irregular work; whereas people with significant caring and family responsibilities are therefore at a disadvantage and this is likely to have negative consequences, in particularly for women19a; __________________ 19aGender Equality Index Report 2020, Digitilisation and the future of work, pp. 98-99.
2021/03/25
Committee: EMPL
Amendment 64 #

2019/2186(INI)

Motion for a resolution
Recital D
D. whereas people working in the platform economy are generaldigital labour platforms routinely classifiedy workers as formally self- employed; whereas, as such, these people do not benefit from the equivalent social, labour, health and safety protection that are connected to an employment contract in most countries; whereas digital labour platforms in that case do not pay social security contributions;
2021/03/25
Committee: EMPL
Amendment 76 #

2019/2186(INI)

Motion for a resolution
Recital E
E. whereas the blurred distinction betweenmisclassification of workers and thes self-employed often seen in platform work causes uncertainty as regardsa denial of access to their rights, entitlements, and applicable rules: whereas more and more sectors are likely to be impacted by this in the future;
2021/03/25
Committee: EMPL
Amendment 80 #

2019/2186(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the employment status of platform workers and lack of explicit mentioning thereof in legislation, in particular in the transportation and food delivery cases, has in recent years led to a high number of court cases across EU member states and the world; whereas the cases brought before the highest national courts and the European Court of Justice have led to outcomes confirming the employee status of platform workers based on different criteria to establish the existence of a relationship of subordination; whereas the Spanish Supreme Court regarding Glovo, the French and UK Supreme Court regarding Uber ruled in favour of employment; whereas the European Court of Justice has ruled in case C-434/15 that Uber is not merely an information society service, but a transportation service and thus has to comply with the EU transport aquis; whereas low-paid an precarious workers that often lack representation shouldn’t be obliged to access their rights through cumbersome court proceedings;
2021/03/25
Committee: EMPL
Amendment 86 #

2019/2186(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas four drivers have filed a case against Uber in the Amsterdam District Court for having been automatically fired by the algorithm without human oversight in violation of Article 22 GDPR, claiming they were wrongly accused of fraudulent activity through real-time algorithmic location tracking and that the company has not shared any evidence against the drivers justifying their dismissal from the platform;
2021/03/25
Committee: EMPL
Amendment 98 #

2019/2186(INI)

Motion for a resolution
Recital F
F. whereas Member States have developed different approaches, leading to fragmented rules and initiatives; whereas most platforms are active in several EU countries and are often not based in the country where the work takes place; whereas there is a need for European level action to overcome the resulting legal uncertainty and improve platform workers’ rightsworking conditions, rights and access to social protection;
2021/03/25
Committee: EMPL
Amendment 115 #

2019/2186(INI)

Motion for a resolution
Paragraph 1
1. NoteRecalls that the current European framework is unsatisfactory, with EU legal instruments which do not cover all platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentationaccording to the European Court of Justice ‘worker’ means a ‘natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration’; Believes that the practice of misclassification of workers by digital labour platforms as established by courts across the EU is deplorable; Notes that EU legal instruments are not applied to all platform workers and do not sufficiently address the new realities of the world of work, such as work fragmentation and flexibilisation of labour relations; regrets that this places some platform workers in a legally precarious situation, resulting in somea high number of platform workers enjoying fewer or more limited rights than should be guaranteed to all platform workers regardless of their employment status; workers;
2021/03/25
Committee: EMPL
Amendment 130 #

2019/2186(INI)

Motion for a resolution
Paragraph 2
2. StresseRecalls that the European Parliament supported the Commission’s inclusion of an EU-wide definition of a worker in its proposal for a ‘Transparent and Predictable Working Conditions Directive' and regrets that this was not adopted in law; regrets that therefore the unsatisfactory situation where each Member States defines for their territory who is a worker continues to apply; regrets that the meaning of the terms ‘worker’ and ‘self-employed’ are not uniformly defined in all Member States; notes that the boundary between these two terms is less clear for new forms of work, and that some self-employed or workers are at risk of being misclassified;
2021/03/25
Committee: EMPL
Amendment 139 #

2019/2186(INI)

Motion for a resolution
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approach; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, and take into account the current digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain so;deleted
2021/03/25
Committee: EMPL
Amendment 162 #

2019/2186(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the Commission’s proposal for a legislative initiative to improve the working conditions of platform workers; calls on the Commission, if the social partners do not express the wish to initiate the process provided for in Article 155 of the TFEU, to put forward a new directive on platform workers in order to guarantee them a minimum set of rights regardless of theirthat introduces the rebuttable presumption of an employment relationship as well as the reversal of burden of proof regarding employment status, and to addresses the specificities of platform work such as algorithmic management and transparency, data protection, training, health &; safety by establishing a set of rights for everyone that works through a digital labour platform;
2021/03/25
Committee: EMPL
Amendment 170 #

2019/2186(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Recalls that social protection is a solidarity-based safety system that is beneficial not only to the individual but also to society as a whole; considers that platform workers should be entitled to all branches of social security that are open to workers, especially as regards protection from unemployment, old age, sickness benefits and invalidity;
2021/03/25
Committee: EMPL
Amendment 173 #

2019/2186(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Calls upon the Commission to present in the legislation clear criteria to recognise the status of digital labour platforms either as employer, (temporary) employment agency, or intermediary, linked to their sector of activity, in order to ensure all obligations a particular status entails, for inter alia social security contributions, responsibility for health & safety, liability for income tax payments, due diligence and corporate social responsibility are met and a level playing field with other companies active in the sector can be preserved;
2021/03/25
Committee: EMPL
Amendment 175 #

2019/2186(INI)

Motion for a resolution
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directive including a workers definition, a rebuttable presumption of employment and defining the liability of digital labour platforms, so as to cover also platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise conditions and remuneration of online and on-location platform work, which could be used as guidance for determining the degree of responsibility of platforms towards platform workers;
2021/03/25
Committee: EMPL
Amendment 187 #

2019/2186(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that algorithms used by platforms to attribute work can be of a discriminatory nature; recalls that according to Article 19 TFEU „In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual; calls on the Commission to propose a ban on discriminatory practices by AI and put in place solid legal safeguards in legislation to combat discrimination by AI or algorithmic management by ensuring that the information or datasets used to run or train AI used on the workplace represent diversity and are not biased, including tools like consumer-sourced rating systems, which can reflect biased and discriminatory practices towards workers; notes that women and migrants have a higher risk of costumer rating bias; recalls that some platforms use rating systems to influence how many offers or tasks a platform worker will receive; stresses that platform workers must always be able to challenge ratings by clients;
2021/03/25
Committee: EMPL
Amendment 197 #

2019/2186(INI)

Motion for a resolution
Paragraph 6 – indent 1
– better implement the prohibition of exclusivity clauses, and ensure all platform workers are permitted to work for different platforms (multi-apping) and not be subject to adverse treatment for doing so in line with the Transparent and Predictable Working Conditions Directive;
2021/03/25
Committee: EMPL
Amendment 199 #

2019/2186(INI)

Motion for a resolution
Paragraph 6 – indent 2
– improve rights in case of restriction, suspension or termination by the platform by ensuring all platform workers have the right to a reasoned statement , and, if this is disputed, a right of reply and to effective and impartial dispute resolution providing the possibility to re-establish compliance or rebut the statement as well as the right to group claims;
2021/03/25
Committee: EMPL
Amendment 203 #

2019/2186(INI)

Motion for a resolution
Paragraph 6 – indent 3
– address the current lack of transparency by ensuring the provision of essential information regarding working conditions, the method of calculating the price or fee, and transparency in the event of a change in the terms, conditions and procedures for temporary or permanent deactivation, if any, which should be preceded by consultation and in case of use of AI, platforms must be transparent about the fact they use AI, the parameters the algorithms take into account and the way AI is used and influences working conditions;
2021/03/25
Committee: EMPL
Amendment 227 #

2019/2186(INI)

Motion for a resolution
Paragraph 7
7. Stresses that some platform workers may bare subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers ensuring that the European Health and Safety legal framework can be fully applied to them, as well as establish minimum requirements to enable them to exercise a right to disconnect without any adverse consequences; recalls that the EU legal framework including provisions on working time, paid holidays and breaks apply to all workers covered by the legislative scope and do not foresee an exemption for or exclusion of platform workers; Stresses that on-location platform workers need to be equipped with adequate personal protective equipment and those active in transportation and delivery need to have guaranteed accident insurances and technical checks of their vehicles; Underlines that digital labour platforms need to put in place safeguards to protect platform workers against sexual violence and harassment on the work floor and set up solid reporting mechanisms;
2021/03/25
Committee: EMPL
Amendment 238 #

2019/2186(INI)

Motion for a resolution
Paragraph 8
8. Considers that all workers, including platform workers, should receive compensation in case of work accidents and occupational diseases, and be offered sickness, unemployment, accident and invalidity insurance coverage and all other employment rights such as paid holidays; welcomes, in this respect, the initiatives of some digital labour platforms to provide as a first step insurance as well as occupational health and safety measures;
2021/03/25
Committee: EMPL
Amendment 243 #

2019/2186(INI)

Motion for a resolution
Paragraph 9
9. Strongly believes that formal and effective coverage, adequacy and transparency of social protection systems should apply to all workers including the self-employed; calls on the Member States to fully and immediately implement the Council Recommendation on access to social protection for workers and self- employed, and to ensure that their national plans set out relevant measures to be taken address the social protection of platform workers;
2021/03/25
Committee: EMPL
Amendment 250 #

2019/2186(INI)

Motion for a resolution
Paragraph 10
10. Recalls in particular the importance of extending social protection rights to self-employed platform workers, including people transitioning from one status to another or who have both statuses, for schemes covering maternity and equivalent parental benefits, and unemployment, accident, long-term care, invalidity sickness, healthcare and old-age benefits;
2021/03/25
Committee: EMPL
Amendment 264 #

2019/2186(INI)

Motion for a resolution
Paragraph 11
11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rights are effective and enforced; notes the potential for imbalancedoccurrence of imbalanced and asymmetrical relationships between digital labour platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, and active interference of digital labour platforms through algorithmic work distribution to prevent the assembly of workers, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue, collective bargaining and workers representation through their trade unions;
2021/03/25
Committee: EMPL
Amendment 271 #

2019/2186(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Underlines that the cooperative legal form could be an important tool for bottom-up organization of platform work, which may also have a positive impact on internal democracy and workers’ empowerment;
2021/03/25
Committee: EMPL
Amendment 278 #

2019/2186(INI)

Motion for a resolution
Paragraph 12
12. Regrets the legal difficulties in collective representation faced by platform workers, and is aware that the solo self- employed are considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomacknowledges in this regard the inception impact assessment published by the Commission16, and the planned initiative to address this obstacle without undermining collective bargaining; is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of genuinely solo self- employed platform workers through collective bargaining; __________________ 16https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
2021/03/25
Committee: EMPL
Amendment 285 #

2019/2186(INI)

Motion for a resolution
Paragraph 13
13. Believes that basic training must be provided to platform workers by the platform at leastdigital labour platforms on the use of their website or the application and the tasks performed; believes further that platform workers, in particular less qualified workers, should be offered training enabling skilling and re-skilling to improve their employability and career paths; calls for the facilitation of the recognition, validation and portability of attainments in the field of non-formal and informal learning; believes in this regard that a ‘certificate of experience’ should be issued for platform workers who have participated in such training, which could be uploaded on individual learning accounts;
2021/03/25
Committee: EMPL
Amendment 300 #

2019/2186(INI)

Motion for a resolution
Paragraph 14
14. Considers that platform workers should be entitled toany algorithms deployed in the area of work must be transparent, non- discriminatory and ethical algorithms; believes that algorithmic transparency and non-discrimination should apply to task distribution, ratings and interactions, while respecting trade secrets, and that an intelligible explanation of the functioning of the algorithm on the way tasks are assigned, ratings are granted, the deactivation procedure and pricing should always be provided, as well as information in a clear and up-to-date manner on any significant changes to the algorithm; is of the opinion that ethical algorithm implies that all decisions are contestable and reversible, andall decisions, in particular algorithmic decisions, must be contestable and reversible; reiterates that any algorithmic decisions must comply with the right not to be subject to subject to a decision based solely on automated processing enshrined in Article 22(1) of Regulation (EU) 2016/679 (GDPR), which means there must be human oversight; stresses that incentiveising practices or, such as exceptional bonuses in particular should not lead to risky behaviours, as well as punitive practices, such as assignment of less work or lower pricing should not lead to risky behaviour or health and safety risks; believes that algorithmic management and tools and real-time surveillance can put excessive pressure on workers, potentially coercing workers to forgo safety to meet efficiency benchmarks and significant risks for mental health21a; is convinced that non- discriminatory algorithms are those which prevent gender, racial and other social biases; __________________ 21a Workplace Monitoring & Surveillance, Data & Society, Mateescu, A., Nguyen, A., Explainer: February 2019
2021/03/25
Committee: EMPL
Amendment 309 #

2019/2186(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the Commission and Member States to ensure appropriate protection of workers’ rights and well- being, such as non-discrimination, privacy, human dignity and protection against exploitation by employers in the use of AI and algorithmic management, including prediction and flagging tools to predict employees behaviour and identify or deter rule-breaking or fraud by workers, real-time monitoring of progress and performance and time tracking software, automated behavioural nudges, undue surveillance and decision-making by or based on AI; believes algorithmic management can assist employers in compromising on what constitutes work time, hence salary23a; __________________ 23a Workplace Monitoring & Surveillance, Data & Society, Mateescu, A., Nguyen, A., Explainer: February 2019.
2021/03/25
Committee: EMPL
Amendment 319 #

2019/2186(INI)

Motion for a resolution
Paragraph 15
15. Recalls that all online platforms must ensure full compliance with EU non- discrimination and data protection law; believes further that platform workers should have full access to all data concerning their own activities, understand how their personal information is processed, and have the right to export their ratingsbe informed on any classification or evaluation of the worker by the platform,, and have the right to export their ratings; calls on the Commission and the Member States to ensure that platform workers have the effective right to data portability as enshrined in Article 20 of the GDPR; believes that the possibility of a portable rating certificate, recognised between similar platforms, should be explored;
2021/03/25
Committee: EMPL
Amendment 332 #

2019/2186(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to establish a European quality label which would be granted to platforms implementing good practices for platform workers in order for users, workers and consumers to make informed decisions, and which would highlight platforms with quality working conditions and transparent systems;deleted
2021/03/25
Committee: EMPL