BETA

Activities of Vincenzo SOFO

Plenary speeches (36)

The 2019 Human Rights Annual report - Stability and Security in the Mediterranean and the negative role of Turkey - Situation in Belarus (debate)
2020/07/09
Rule of Law conditionality in the framework of the MFF 2021-2027 and Next Generation EU (debate)
2020/10/05
State of the Energy Union (debate)
2020/10/22
Situation of Fundamental Rights in the European Union – Annual Report for the years 2018-2019 (debate)
2020/11/24
Dossiers: 2019/2199(INI)
Revision of the Trans-European Transport Network (TEN-T) guidelines (debate)
2021/01/19
Dossiers: 2019/2192(INI)
New EU-Africa Strategy (debate)
2021/03/24
Dossiers: 2020/2041(INI)
Fiscalis programme for cooperation in the field of taxation 2021-2027 (debate)
2021/05/19
Promoting gender equality in science, technology, engineering and mathematics (STEM) education and careers (debate)
2021/06/09
Dossiers: 2019/2164(INI)
EU Health Emergency Preparedness and Response Authority: ensuring a coordinated EU approach for future health crises and the role of the European Parliament in this (debate)
2021/10/05
Situation in Tunisia (debate)
2021/10/19
Dossiers: 2021/2903(RSP)
New orientations for the EU’s humanitarian action (debate)
2021/12/14
Dossiers: 2021/2163(INI)
The Rule of Law and the consequences of the ECJ ruling (debate)
2022/02/16
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
2022/03/08
Outcome of the EU-China Summit (1 April 2022) (debate)
2022/04/05
Use of the Pegasus Software by EU Member States against individuals including MEPs and the violation of fundamental rights (topical debate)
2022/05/04
Future of EU-Africa trade relations (debate)
2022/06/22
Dossiers: 2021/2178(INI)
Question Time (Commission) Tackling depopulation through cohesion policy instrument
2022/10/04
Impact of Russian invasion of Ukraine on migration flows to the EU (debate)
2022/10/18
The need for a European solution on asylum and migration including search and rescue (debate)
2022/11/23
Legal protection for rainbow families exercising free movement, in particular the Baby Sara case (debate)
2022/11/23
Dossiers: 2022/2954(RSP)
Implementation of the New European Agenda for Culture and the EU Strategy for International Cultural Relations (debate)
2022/12/13
Dossiers: 2022/2047(INI)
Suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions (debate) (debate)
2022/12/13
Order of business
2023/02/01
Order of business
2023/02/01
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
2023/02/14
Dossiers: 2016/0062R(NLE)
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
2023/02/14
Dossiers: 2016/0062R(NLE)
EUCO conclusions: the need for the speedy finalisation of the Road Map (debate)
2023/02/15
Deaths at sea: a common EU response to save lives and action to ensure safe and legal pathways (debate)
2023/03/15
Order of business
2023/03/29
2022 Rule of Law Report - The rule of law situation in the European Union (B9-0189/2023, B9-0190/2023, B9-0191/2023) (vote)
2023/03/30
Externalising asylum applications and making funding to third countries conditional on the implementation of return agreements (topical debate)
2023/05/10
Order of business
2023/05/31
Surrogacy in the EU - risks of exploitation and commercialisation (topical debate)
2023/06/14
Tax the rich (topical debate)
2023/07/12
The spread of ‘anti-LGBTIQ’ propaganda bills by populist parties and governments in Europe (debate)
2023/10/04
A true geopolitical Europe now (topical debate)
2023/10/18

Shadow reports (5)

REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 767/2008, (EC) No 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No 1683/95, (EC) No 333/2002, (EC) No 693/2003 and (EC) No 694/2003 and Convention implementing the Schengen Agreement, as regards the digitalisation of the visa procedure
2023/02/07
Committee: LIBE
Dossiers: 2022/0132A(COD)
Documents: PDF(330 KB) DOC(162 KB)
Authors: [{'name': 'Matjaž NEMEC', 'mepid': 233862}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund]
2023/04/14
Committee: LIBE
Dossiers: 2020/0279(COD)
Documents: PDF(640 KB) DOC(290 KB)
Authors: [{'name': 'Tomas TOBÉ', 'mepid': 197402}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1683/95, as regards the digitalisation of the visa procedure
2023/09/20
Committee: LIBE
Dossiers: 2022/0132B(COD)
Documents: PDF(210 KB) DOC(62 KB)
Authors: [{'name': 'Matjaž NEMEC', 'mepid': 233862}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
2023/10/10
Committee: FEMMLIBE
Dossiers: 2022/0426(COD)
Documents: PDF(263 KB) DOC(92 KB)
Authors: [{'name': 'Malin BJÖRK', 'mepid': 124992}, {'name': 'Eugenia RODRÍGUEZ PALOP', 'mepid': 197785}]
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse
2023/11/16
Committee: LIBE
Dossiers: 2022/0155(COD)
Documents: PDF(1 MB) DOC(555 KB)
Authors: [{'name': 'Javier ZARZALEJOS', 'mepid': 197606}]

Shadow opinions (2)

OPINION on eGovernment accelerating digital public services that support the functioning of the single market
2022/12/01
Committee: LIBE
Dossiers: 2022/2036(INI)
Documents: PDF(134 KB) DOC(68 KB)
Authors: [{'name': 'Maria GRAPINI', 'mepid': 124785}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)
2023/02/02
Committee: LIBE
Dossiers: 2022/0047(COD)
Documents: PDF(375 KB) DOC(243 KB)
Authors: [{'name': 'Sergey LAGODINSKY', 'mepid': 197460}]

Institutional motions (36)

MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian ambassador Luca Attanasio and his entourage
2021/03/08
Dossiers: 2021/2577(RSP)
Documents: PDF(144 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Eastern Democratic Republic of Congo and the assassination of the Italian Ambassador Luca Attanasio and his entourage
2021/03/10
Dossiers: 2021/2577(RSP)
Documents: PDF(163 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on the rule of law situation in the European Union and the application of the Conditionality Regulation 2020/2092
2021/06/04
Dossiers: 2021/2711(RSP)
Documents: PDF(144 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the first anniversary of the de facto abortion ban in Poland
2021/11/03
Dossiers: 2021/2925(RSP)
Documents: PDF(139 KB) DOC(44 KB)
JOINT MOTION FOR A RESOLUTION on the political crisis in Sudan
2022/01/19
Dossiers: 2022/2504(RSP)
Documents: PDF(219 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on violations of fundamental freedoms in Hong Kong
2022/01/19
Dossiers: 2022/2503(RSP)
Documents: PDF(171 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Kazakhstan
2022/01/19
Dossiers: 2022/2505(RSP)
Documents: PDF(167 KB) DOC(58 KB)
MOTION FOR A RESOLUTION on the Commission delegated regulation of 21 December 2021 amending the Annex to Regulation (EU) 2021/953 of the European Parliament and of the Council as regards the acceptance period of vaccination certificates issued in the EU Digital COVID Certificate format indicating the completion of the primary vaccination series
2022/02/09
Dossiers: 2021/3056(DEA)
Documents: PDF(135 KB) DOC(44 KB)
on the Rule of Law and the consequences of the ECJ ruling
2022/03/02
Dossiers: 2022/2535(RSP)
Documents: PDF(145 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation of journalists and human rights defenders in Mexico
2022/03/07
Dossiers: 2022/2580(RSP)
Documents: PDF(161 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the destruction of cultural heritage in Nagorno-Karabakh
2022/03/07
Dossiers: 2022/2582(RSP)
Documents: PDF(146 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on Myanmar, one year after the coup
2022/03/07
Dossiers: 2022/2581(RSP)
Documents: PDF(151 KB) DOC(47 KB)
on the situation of journalists and human rights defenders in Mexico
2022/03/09
Dossiers: 2022/2580(RSP)
Documents: PDF(158 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the destruction of cultural heritage in Nagorno-Karabakh
2022/03/09
Dossiers: 2022/2582(RSP)
Documents: PDF(158 KB) DOC(53 KB)
Myanmar, one year after the coup
2022/03/09
Dossiers: 2022/2581(RSP)
Documents: PDF(176 KB) DOC(59 KB)
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
2022/04/05
Dossiers: 2022/2618(RSP)
Documents: PDF(173 KB) DOC(52 KB)
MOTION FOR A RESOLUTION Ongoing hearing under Article 7(1) TEU regarding Poland and Hungary
2022/05/03
Dossiers: 2022/2647(RSP)
Documents: PDF(139 KB) DOC(44 KB)
MOTION FOR A RESOLUTION Global threats to abortion rights: the possible overturn of abortion rights in the US by the Supreme Court
2022/06/03
Dossiers: 2022/2665(RSP)
Documents: PDF(143 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on violations of media freedom and safety of journalists in Georgia
2022/06/06
Dossiers: 2022/2702(RSP)
Documents: PDF(150 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the instrumentalisation of justice as a repressive tool in Nicaragua
2022/06/07
Dossiers: 2022/2701(RSP)
Documents: PDF(162 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/07
Dossiers: 2022/2700(RSP)
Documents: PDF(161 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/08
Dossiers: 2022/2700(RSP)
Documents: PDF(169 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on violations of media freedom and the safety of journalists in Georgia
2022/06/08
Dossiers: 2022/2702(RSP)
Documents: PDF(157 KB) DOC(53 KB)
on the instrumentalisation of justice as a repressive tool in Nicaragua
2022/06/08
Dossiers: 2022/2701(RSP)
Documents: PDF(156 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/04
Dossiers: 2022/2751(RSP)
Documents: PDF(155 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province
2022/07/04
Dossiers: 2022/2753(RSP)
Documents: PDF(146 KB) DOC(44 KB)
MOTION FOR A RESOLUTION on the situation of indigenous and environmental defenders in Brazil, including the killing of Dom Philips and Bruno Pereira
2022/07/04
Dossiers: 2022/2752(RSP)
Documents: PDF(149 KB) DOC(45 KB)
on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/06
Dossiers: 2022/2751(RSP)
Documents: PDF(157 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Tajikistan’s Gorno-Badakhshan Autonomous Province
2022/07/06
Dossiers: 2022/2753(RSP)
Documents: PDF(156 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on violations of human rights in Uganda and Tanzania linked to the investments in fossil fuel projects
2022/09/12
Dossiers: 2022/2826(RSP)
Documents: PDF(147 KB) DOC(44 KB)
MOTION FOR A RESOLUTION Human rights violations in the context of forced deportations of Ukrainian civilians to and forced adoption of Ukrainian children in Russia
2022/09/12
Dossiers: 2022/2825(RSP)
Documents: PDF(156 KB) DOC(48 KB)
MOTION FOR A RESOLUTION Nicaragua, in particular the arrest of the bishop Rolando Álvarez
2022/09/12
Dossiers: 2022/2827(RSP)
Documents: PDF(149 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the situation in the Strait of Taiwan
2022/09/12
Dossiers: 2022/2822(RSP)
Documents: PDF(148 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the situation in the Strait of Taiwan
2022/09/13
Documents: PDF(160 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the rule of law in Malta, five years after the assassination of Daphne Caruana Galizia
2022/10/14
Dossiers: 2022/2866(RSP)
Documents: PDF(165 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on suspicions of corruption from Qatar and the broader need for transparency and accountability in the European institutions
2022/12/13
Dossiers: 2022/3012(RSP)
Documents: PDF(149 KB) DOC(47 KB)

Oral questions (1)

Putting forward an EU Strategy for Demography
2021/06/07
Documents: PDF(53 KB) DOC(11 KB)

Written questions (82)

Foibe massacres – importance of European remembrance and the need to preserve it
2020/02/10
Documents: PDF(45 KB) DOC(10 KB)
EU commitment to remembering the Vajont disaster
2020/02/19
Documents: PDF(44 KB) DOC(10 KB)
Protecting Italian hazelnut growers
2020/03/04
Documents: PDF(39 KB) DOC(9 KB)
Suspension of flights to and from Italy following coronavirus cases
2020/03/04
Documents: PDF(45 KB) DOC(10 KB)
Requests for a ‘coronavirus free’ stamp on Italian food products
2020/03/05
Documents: PDF(43 KB) DOC(10 KB)
Amendments to the ESM system: Suspension of the ratification procedure
2020/03/11
Documents: PDF(44 KB) DOC(10 KB)
Use of funding under the Pre-accession Instrument for Turkey
2020/03/12
Documents: PDF(38 KB) DOC(9 KB)
Protecting Italy from unfair tax competition within the EU
2020/03/31
Documents: PDF(41 KB) DOC(9 KB)
Support for Reggio Calabria Airport
2020/04/07
Documents: PDF(40 KB) DOC(9 KB)
Revision of European food strategies in view of the COVID-19 emergency
2020/04/08
Documents: PDF(44 KB) DOC(10 KB)
Checking and punishing producers of unsuitable PPE medical devices, and the coordinating role of the Commission
2020/04/08
Documents: PDF(42 KB) DOC(10 KB)
Reviving tourist services
2020/05/15
Documents: PDF(40 KB) DOC(9 KB)
Publicity article by the airline Easyjet detrimental to tourism in Calabria - Italy
2020/06/23
Documents: PDF(41 KB) DOC(9 KB)
Infrastructure development in Calabria’s hinterland
2020/06/23
Documents: PDF(40 KB) DOC(9 KB)
Reallocation of investment funding to TEN-T completion, thereby stimulating regional recovery in Italy
2020/07/01
Documents: PDF(40 KB) DOC(9 KB)
Risk of COVID-19 spreading in Calabria due to arrival of migrants testing positive to the virus
2020/07/13
Documents: PDF(39 KB) DOC(9 KB)
Safety of the COVID vaccine and pharmaceutical companies ducking liability
2020/09/09
Documents: PDF(40 KB) DOC(9 KB)
Ethical and civil conditionalities in connection with Next Generation EU
2020/09/16
Documents: PDF(41 KB) DOC(9 KB)
Tax deductions for personal protective equipment
2020/09/25
Documents: PDF(40 KB) DOC(9 KB)
EU position on Turkish-Azerbaijani military aggression against the Armenian people
2020/09/30
Documents: PDF(44 KB) DOC(10 KB)
Detention of 18 Sicilian fishermen by Haftar’s militia in Libya
2020/10/14
Documents: PDF(44 KB) DOC(10 KB)
European funding for the Wuhan Institute of Virology
2020/10/21
Documents: PDF(48 KB) DOC(11 KB)
EU reaction to threats by Erdogan and withdrawal of EU ambassador to Turkey
2020/10/29
Documents: PDF(41 KB) DOC(9 KB)
Turkish influence over the Libyan coast guard
2020/11/03
Documents: PDF(43 KB) DOC(10 KB)
Defending the European way of life
2020/11/04
Documents: PDF(43 KB) DOC(10 KB)
Calabrian citizens’ right to health and protection of public health
2020/11/12
Documents: PDF(39 KB) DOC(9 KB)
Deployment of EU solidarity funding for Calabria
2020/11/25
Documents: PDF(39 KB) DOC(9 KB)
Declassification of the content of the agreement signed with the pharmaceutical company AstraZeneca
2020/12/01
Documents: PDF(44 KB) DOC(10 KB)
Specific EU policies to boost birth rates
2020/12/04
Documents: PDF(40 KB) DOC(9 KB)
Concessions of state-owned property regarding beaches and beach facilities – call on the Commission to withdraw its infringement proceedings against Italy
2020/12/08
Documents: PDF(43 KB) DOC(10 KB)
Administration and taxation of Italian ports
2020/12/10
Documents: PDF(40 KB) DOC(9 KB)
Mandatory vaccination and health passport
2020/12/22
Documents: PDF(39 KB) DOC(9 KB)
Mapping and remediation of illegal Italian toxic waste sites
2021/01/08
Documents: PDF(40 KB) DOC(9 KB)
Request for publication of advanced purchase agreements (APA) concluded by the Commission with companies manufacturing COVID-19 vaccines
2021/01/28
Documents: PDF(43 KB) DOC(10 KB)
Call for the resignation of Health Commissioner Stella Kyriakides
2021/01/29
Documents: PDF(40 KB) DOC(9 KB)
Situation in the Democratic Republic of the Congo
2021/02/25
Documents: PDF(44 KB) DOC(10 KB)
‘Balsamic vinegar’ in Slovenia
2021/02/25
Documents: PDF(40 KB) DOC(9 KB)
Change in EU vaccine strategy
2021/03/02
Documents: PDF(40 KB) DOC(9 KB)
Role of NGO vessels in the context of criminal activities carried out by human traffickers
2021/03/04
Documents: PDF(52 KB) DOC(10 KB)
Suspension of the use of the AstraZeneca vaccine by many EU countries
2021/03/17
Documents: PDF(41 KB) DOC(10 KB)
Transparency regarding the functioning of the EMA
2021/03/19
Documents: PDF(40 KB) DOC(9 KB)
YouTube’s censorship of ByoBlu and freedom of information
2021/03/31
Documents: PDF(40 KB) DOC(9 KB)
Digital green certificate - mandatory vaccination and privacy
2021/04/02
Documents: PDF(40 KB) DOC(9 KB)
Bridge across the Strait of Messina and the National Recovery and Resilience Plan
2021/04/12
Documents: PDF(42 KB) DOC(9 KB)
Next Generation EU funds and southern Italy
2021/04/21
Documents: PDF(40 KB) DOC(9 KB)
Emergency situation in Calabrian hospitals: the case of Locri hospital
2021/04/30
Documents: PDF(40 KB) DOC(9 KB)
Request for information about the entry into force of Directive (EU) 2019/904 and its effects on the plastics industry
2021/05/04
Documents: PDF(41 KB) DOC(9 KB)
Participation of transgender athletes in female sports competitions
2021/06/09
Documents: PDF(42 KB) DOC(9 KB)
Vaccination strategy and delays in developing anti-COVID treatments
2021/07/01
Documents: PDF(43 KB) DOC(9 KB)
COVID pass and infringement of the principle of non-discrimination
2021/07/13
Documents: PDF(41 KB) DOC(9 KB)
‘Green pass’: weapon of discrimination
2021/07/28
Documents: PDF(40 KB) DOC(9 KB)
Activation of the European civil protection mechanism to combat fires in the south of Italy
2021/08/11
Documents: PDF(38 KB) DOC(9 KB)
Social protection for Italian workers who quarantine
2021/08/27
Documents: PDF(42 KB) DOC(9 KB)
Improvements to ‘Jonica’ Highway SS 106, particularly in terms of road safety
2021/09/01
Documents: PDF(40 KB) DOC(9 KB)
Slaughter of cetaceans in the Faroe Islands
2021/09/16
Documents: PDF(41 KB) DOC(9 KB)
Countering the risk of social exclusion owing to the Green Pass in Italy
2021/09/17
Documents: PDF(41 KB) DOC(9 KB)
Facebook’s digital monopoly
2021/10/06
Documents: PDF(39 KB) DOC(9 KB)
Emergency relating to irregular migrants arriving in Calabria
2021/10/27
Documents: PDF(41 KB) DOC(9 KB)
Request for clarification on EU funding for supporting projects on synthetic meat production
2021/10/28
Documents: PDF(42 KB) DOC(9 KB)
Video game ‘Fursan al-Aqsa: The Knights of the Al-Aqsa Mosque’
2021/10/29
Documents: PDF(42 KB) DOC(10 KB)
Infringement of the fundamental right to freedom of expression for people in Italy
2021/11/04
Documents: PDF(40 KB) DOC(9 KB)
Access to the full content of the contracts relating to the purchase of the Covid vaccines
2021/11/17
Documents: PDF(39 KB) DOC(9 KB)
Call for further details on the communication ‘European Commission Inclusive Communication Guidelines’
2021/11/29
Documents: PDF(40 KB) DOC(9 KB)
EU-Tunisia agreement in the olive-growing sector
2021/12/07
Documents: PDF(43 KB) DOC(10 KB)
Breach of EU COVID Certificate Regulation by the Italian Government
2021/12/15
Documents: PDF(44 KB) DOC(10 KB)
Whole of SS 106 road not included in proposal for TEN-T network
2021/12/16
Documents: PDF(39 KB) DOC(9 KB)
Investigations into the deaths of Ambassador Luca Attanasio, military police officer Vittorio Iacovacci and driver Mustapha Milambo and the WFP’s role
2022/01/10
Documents: PDF(43 KB) DOC(10 KB)
African swine fever and the need for rapid and effective measures to support Italian and European pig farmers
2022/01/17
Documents: PDF(41 KB) DOC(9 KB)
Limiting conflicts of interest in bodies setting the health strategy
2022/01/21
Documents: PDF(39 KB) DOC(9 KB)
Term of validity and evolution of the Green Pass
2022/03/10
Documents: PDF(40 KB) DOC(9 KB)
Liver cancer screening
2022/06/17
Documents: PDF(44 KB) DOC(9 KB)
Netflix solution for dealing with staff at the EU Border and Coast Guard Agency refusing to work
2022/07/01
Documents: PDF(47 KB) DOC(10 KB)
Problems with Legislative Decree No. 104/2022
2022/11/07
Documents: PDF(40 KB) DOC(9 KB)
Responsibility of flag states and states providing funding for NGO vessels transporting migrants
2022/11/14
Documents: PDF(48 KB) DOC(9 KB)
Commission proposal on cross-border parenthood
2023/02/22
Documents: PDF(48 KB) DOC(11 KB)
EU commitment to bringing clarity to what happened with the migrant boat that sunk off Crotone
2023/03/01
Documents: PDF(40 KB) DOC(9 KB)
Reopening of the San Sago special waste facility
2023/03/07
Documents: PDF(39 KB) DOC(9 KB)
‘Health desertification’ and right to health: Oppido Mamertina hospital
2023/05/02
Documents: PDF(40 KB) DOC(9 KB)
Registration of the ‘Terre Abruzzesi/Terre d'Abruzzo’ designation
2023/05/24
Documents: PDF(42 KB) DOC(9 KB)
‘Ultima Generazione’ and external interference in the EU’s decision-making processes
2023/05/24
Documents: PDF(51 KB) DOC(9 KB)
Revitalising Reggio Calabria Airport as strategic infrastructure within the TEN-T Network
2023/07/04
Documents: PDF(39 KB) DOC(9 KB)
Cooperation between European Union agencies in the field of internal security, counter-terrorism, organised crime and management of the external borders
2023/12/04
Documents: PDF(39 KB) DOC(9 KB)

Individual motions (3)

MOTION FOR A RESOLUTION on establishing a Europe-wide ‘Remembrance Day’ to commemorate the victims of the foibe massacres
2021/02/10
Documents: PDF(129 KB) DOC(42 KB)
MOTION FOR A RESOLUTION on reducing the impact on farm land of ground-based photovoltaic plants
2021/09/06
Documents: PDF(128 KB) DOC(43 KB)
MOTION FOR A RESOLUTION on reversing the European demographic trend
2022/07/06
Documents: PDF(137 KB) DOC(45 KB)

Amendments (1181)

Amendment 37 #

2023/0371(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) The Commission’s systematic monitoring of the specific requirements, which are based on Article 1 and were used to assess the appropriateness of granting visa liberalisation, should pay particular attention to the security dimension to ensure that countries in Annex II are upholding the initial requirements for law and immigration enforcement, passport security, counterterrorism and border control capabilities.
2024/03/18
Committee: LIBE
Amendment 54 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point b a (new)
(b a) a substantial increase in the number of asylum applications from the nationals of a third country listed in Annex II;
2024/03/18
Committee: LIBE
Amendment 76 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 150%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
2024/03/18
Committee: LIBE
Amendment 84 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 435%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
2024/03/18
Committee: LIBE
Amendment 89 #

2023/0371(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point a
(a) refusing or failing to process readmission applications in due timewithin four weeks of the return decision;
2024/03/18
Committee: LIBE
Amendment 3 #

2022/2036(INI)

Draft opinion
Paragraph 1
1. Notes that eGovernment has the potential to improve the quality and, efficiency and accessibility of public services; strongly believes that eGovernment should be compliant with fundamental rights, in particular the rights to non-discrimination, privacy and data protection;
2022/11/15
Committee: LIBE
Amendment 12 #

2022/2036(INI)

Draft opinion
Paragraph 3
3. Recalls that in-person help should be providedavailable to EU citizens to help them access public services, especially persons with disabilities and elderly people,; but also to mitigate low levels of digital literacy and poor internet coverage;
2022/11/15
Committee: LIBE
Amendment 20 #

2022/2036(INI)

Draft opinion
Paragraph 4
4. Takes note of the rolUnderlines that there can be both advantages and disadvantages to the development and use of AI in eGovernment; is concerned that AI risks reinforcing existing discrimination, inequalities and social exclusion and misidentifying or incorrectly classifying individuals belonging to certain groups; calls for effective remedies to be put in place including human checks, effective complaint mechanisms as well as transparency regarding the use of AI in eGovernment, while preventing discrimination due to automation and improving the quality and design of datasets;
2022/11/15
Committee: LIBE
Amendment 22 #

2022/2036(INI)

Draft opinion
Paragraph 5
5. Calls for eGovernment services to be reliable and to have very high standards of security with human oversight in order to prevent data leaks, data security breaches, and unauthorised and unproportioned access to personal data; calls for transparency regarding any breaches of data security, whilst taking into account national security and public order requirements;
2022/11/15
Committee: LIBE
Amendment 62 #

2022/0426(COD)

Proposal for a directive
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption, surrogacy and sale of children in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings.
2023/07/07
Committee: LIBEFEMM
Amendment 67 #

2022/0426(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Surrogacy exposes both to high risk of exploitation - due to the lack of harmonised or clear rules banning this practice at international level - and to unscrupulous commercialization. This situation causes a significant increase in demand for trafficking in human beings and must be taken into account when identifying and combating this phenomenon.
2023/07/07
Committee: LIBEFEMM
Amendment 71 #

2022/0426(COD)

Proposal for a directive
Recital 5
(5) An increasing number of offences concerning trafficking in human beings is committed or facilitated by means of information or communication technologies. Traffickers use the internet and social media inter alia to recruit, advertise or exploit victims, exercise control and organise transport. Internet and social media are also used to distribute exploitative materials. Information technology also hampers timely detection of the crime and identification of the victims and perpetrators. It is therefore important to explicitly include the on-line dimension of the crime into the legal framework. As the pandemic has contributed to an increase in crimes committed via the internet and many perpetrators of trafficking in human beings have moved to cyber space, activities aimed at monitoring the internet should be intensified, as well as international cooperation in the field of detecting and prosecuting perpetrators of trafficking in human beings should be enhanced.
2023/07/07
Committee: LIBEFEMM
Amendment 93 #

2022/0426(COD)

Proposal for a directive
Recital 9
(9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important to criminalise the intentional use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerningin relation to trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to demand reductionreduce demand for illegal goods, which aims to tackle the high levels of demand that fosters all forms of exploitation and trafficking in human beings. In this context, Member States shall clarify and apply definition of "intentionality" in accordance with their criminal law provisions and legal practice.
2023/07/07
Committee: LIBEFEMM
Amendment 108 #

2022/0426(COD)

Proposal for a directive
Recital 10 a (new)
(10a) In combating trafficking in human beings in migration contexts Member States should implement comprehensive measures including efficient diagnosis of cases of trafficking of human beings, constant monitoring of this phenomenon, providing support and protection to victims and conducting training for persons likely to come into contact with victims.
2023/07/07
Committee: LIBEFEMM
Amendment 133 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption, or surrogacy, or sale of children” is added at the end of the paragraph.
2023/07/07
Committee: LIBEFEMM
Amendment 137 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 2011/36/EU
Article 2 – paragraph 3
(1a) in Article 2, paragraph 3, the following sentence is added at the end of the paragraph : With regard to the inclusion of "forced marriage, or illegal adoption, or surrogacy, or sale of children" as forms of trafficking in human beings, Member States' exclusive competences shall be respected, in particular with regard to the definition of marriage and the conditions for marriage and adoption.
2023/07/07
Committee: LIBEFEMM
Amendment 141 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Directive 2011/36/EU
Article 2 – paragraph 6 a (new)
(1b) in Article 2, the following paragraph is added: "6a. Exploitation referred to in this article should include cases of in-person interaction and acts committed remotely through the misuse of technology and electronic means."
2023/07/07
Committee: LIBEFEMM
Amendment 148 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/36/EU
Article 4 – paragraph 2 – point e (new)
(e) was committed through creation of sexually explicit content featuring a victim of trafficking and shared trough technology and electronic means to a wider audience.
2023/07/07
Committee: LIBEFEMM
Amendment 152 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/36/EU
Article 4 – paragraph 2 – point f (new)
(f) was committed in migration contexts particularly those acts carried out in such a manner as to expose the persons to danger for their life or safety or by subjecting them to inhuman or degrading treatment.
2023/07/07
Committee: LIBEFEMM
Amendment 159 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/36/EU
Article 5 – paragraph 4 a (new)
in Article 5, a new paragraph is added: "4a. Members States shall take the necessary measures to ensure that legal persons operating, managing or controlling websites offering sexual services, no matter the place of their legal registration, can be held liable for the advertising of minors for sexual services on their websites."
2023/07/07
Committee: LIBEFEMM
Amendment 195 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, including hotlines, and to appoint a national focal point for the referral of victims.
2023/07/07
Committee: LIBEFEMM
Amendment 244 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerningin relation to trafficking in human beings
2023/07/07
Committee: LIBEFEMM
Amendment 248 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 a – paragraph 1
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the intentional use of services or audiovisual material which are the objects or results of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2providing services or appearing in audiovisual materials is a victim of an offence referred to in Article 2, in accordance with their criminal law provisions and legal practice.
2023/07/07
Committee: LIBEFEMM
Amendment 256 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
1a. Use of services or audiovisual materials referred to in paragraph 1 shall include acts performed by means of information and communication technologies.
2023/07/07
Committee: LIBEFEMM
Amendment 263 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraphs 1 and 2 is punishable by effective, proportionate and dissuasive penalties and sanctions.
2023/07/07
Committee: LIBEFEMM
Amendment 266 #

2022/0426(COD)

2a. Member States may impose additional control measures on the process of production of services and goods which are the object of exploitation as referred to in Article 2 where it cannot be achieved only by means of criminal law.
2023/07/07
Committee: LIBEFEMM
Amendment 44 #

2022/0402(CNS)

Proposal for a regulation
Title 1
Proposal for a COUNCIL REGULATION on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood
2023/07/25
Committee: LIBE
Amendment 45 #

2022/0402(CNS)

Proposal for a regulation
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters, respecting the sole competence of the Member States to govern family law.
2023/07/25
Committee: LIBE
Amendment 47 #

2022/0402(CNS)

Proposal for a regulation
Recital 5
(5) Under the Treaties, the sole competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. According to Article 67(1) TFEU, the Union must respect the ‘fundamental rights and the different legal systems and traditions of the Member States’.
2023/07/25
Committee: LIBE
Amendment 54 #

2022/0402(CNS)

Proposal for a regulation
Recital 9
(9) At Union level, a number of Union instruments deal with, among other things, certain rights ofconcerning children in cross- border situations, in particular Council Regulation (EC) No 4/200943, Regulation (EU) No 650/2012 of the European Parliament and of the Council44 and Council Regulation (EU) 2019/111145. However, these Regulations do not include provisions on the establishment or the recognition of parenthood. For its part, Regulation (EU) 2016/1191 of the European Parliament and of the Council46 includes public documents on birth, parenthood and adoption in its scope, but this Regulation deals with the authenticity and the language of such documents and not with the recognition of their contents or effects in another Member State. _________________ 43 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 44 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 45 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1). 46 Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012 (OJ L 200, 26.7.2016, p. 1).
2023/07/25
Committee: LIBE
Amendment 56 #

2022/0402(CNS)

Proposal for a regulation
Recital 10
(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin.deleted
2023/07/25
Committee: LIBE
Amendment 58 #

2022/0402(CNS)

Proposal for a regulation
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured. For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters, in accordance with the sovereign competence of the Member States over the regulation of family law.
2023/07/20
Committee: JURI
Amendment 58 #

2022/0402(CNS)

Proposal for a regulation
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51. _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).deleted
2023/07/25
Committee: LIBE
Amendment 63 #

2022/0402(CNS)

Proposal for a regulation
Recital 5
(5) Under the Treaties, the competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood. Pursuant to Article 67(1) TFEU, the Union shall respect ‘fundamental rights and the different legal systems and traditions of the Member States’.
2023/07/20
Committee: JURI
Amendment 63 #

2022/0402(CNS)

Proposal for a regulation
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52. Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
2023/07/25
Committee: LIBE
Amendment 65 #

2022/0402(CNS)

Proposal for a regulation
Recital 5
(5) Under the Treaties, the exclusive competence to adopt substantive rules on family law, such as rules on the definition of family and rules on the establishment of the parenthood of a child, lies with the Member States. However, pursuant to Article 81(3) TFEU, the Union can adopt measures concerning family law with cross-border implications, in particular rules on international jurisdiction, on applicable law and on the recognition of parenthood.
2023/07/20
Committee: JURI
Amendment 68 #

2022/0402(CNS)

Proposal for a regulation
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European CMember States shall not be obliged to transcribe an instrument or recognise a decision where a child is born ourt of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-surrogacy abroad for the purpose of establishing the legal relationship between the child and the intended parent. The case-law of the European Court of Human Rights, without prejudice to the need for States to identify methods for ensuring the protection of the interests of the child in legal recognition of the link with the person who exercises parental control, has granted States a certain discretion in identifying the methods for formalising the parental relationship laid down. This discretion includes methods other than direct recognition, such as the use of the institution of adoption, regulated nationally by Member States. With regard to adoption, the European Court of Human Rights has stressed that this may be considered sufficient to guarantee the protection of the rights of child relationship with the non-biological intended parent (for example through the adoption of the child)54 . _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16-2018-001 (Request no. P16- 2018-001, Council of Europe: European Court of Human Rights, 10 April 2019n in so far as it is capable of constituting a genuine link of ‘parenthood’ between the adoptive parent and the adopted child, and provided that the methods laid down in domestic law guarantee the effectiveness and speed of implementation of the adoption, in pursuit of the best interests of the child54. 54. Judgment of the European Court of Human Rights, 22 November 2022, D.B. and Others v Switzerland (appeals 58817/15 58252/15); judgment of 22 June 2023, Nuti v Italy (appeals 47998 / 20 and 23142 / 21).
2023/07/25
Committee: LIBE
Amendment 72 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings. _________________ 47 State of the Union Address by President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).deleted
2023/07/20
Committee: JURI
Amendment 78 #

2022/0402(CNS)

Proposal for a regulation
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
2023/07/25
Committee: LIBE
Amendment 81 #

2022/0402(CNS)

Proposal for a regulation
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
2023/07/25
Committee: LIBE
Amendment 82 #

2022/0402(CNS)

Proposal for a regulation
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52. Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood does not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
2023/07/20
Committee: JURI
Amendment 83 #

2022/0402(CNS)

Proposal for a regulation
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
2023/07/25
Committee: LIBE
Amendment 88 #

2022/0402(CNS)

Proposal for a regulation
Recital 25
(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
2023/07/25
Committee: LIBE
Amendment 89 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 18
(18) Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (‘European Convention of Human Rights’) lays down the right to respect for private and family life, while Article 1 of Protocol No. 12 to the said Convention provides that the enjoyment of any right set forth by law must be secured without discrimination on any ground, including birth. The European Court of Human Rights has interpreted Article 8 of the Convention as requiring all States within its jurisdiction to recognise the legal parent-child relationship established abroad between a child born out of surrogacy and the biological intended parent, and to provide for a mechanism for the recognition in law of the parent-child relationship with the non-biological intended parent (for example through the adoption of the child)54. Without prejudice to the foregoing, recognition of the relationship between the intended parent and the child must be provided by registration directly in the civil status records54a. _________________ 54 For example, Mennesson v. France (Application no 65192/11, Council of Europe: European Court of Human Rights, 26 June 2014) and Advisory Opinion P16- 2018-001 (Request no. P16-2018-001, Council of Europe: European Court of Human Rights, 10 April 2019). 54a Applications Nos 47998/20 and 23142/21, Nuti and Others v Italy, European Court of Human Rights.
2023/07/20
Committee: JURI
Amendment 90 #

2022/0402(CNS)

Proposal for a regulation
Recital 26
(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted
2023/07/25
Committee: LIBE
Amendment 91 #

2022/0402(CNS)

Proposal for a regulation
Recital 27 a (new)
(27a) Surrogacy practices, whether for gain or on a voluntary basis, constitute a detestable example of commodification of the female body and of the children born through such practices, who are treated as if they were goods. Nevertheless, the use of such practices is increasing dramatically, and gestation on behalf of others is becoming a business, neglecting the child’s interest in his or her own identity, which is eliminated because the child has no right to know who gave birth to him or her and, thus, who gave him or her life.
2023/07/25
Committee: LIBE
Amendment 95 #

2022/0402(CNS)

Proposal for a regulation
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents. This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
2023/07/20
Committee: JURI
Amendment 95 #

2022/0402(CNS)

Proposal for a regulation
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.deleted
2023/07/25
Committee: LIBE
Amendment 102 #

2022/0402(CNS)

Proposal for a regulation
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of final court decisions and authentic instruments with binding legal effect on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
2023/07/20
Committee: JURI
Amendment 103 #

2022/0402(CNS)

Proposal for a regulation
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards 'authentic instruments', Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term 'empowerment' in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.deleted
2023/07/25
Committee: LIBE
Amendment 104 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 24
(24) For the purposes of this Regulation, parenthood, also referred to as filiation, may be biologic, genetic, by adoption or by operation of law. Also for the purposes of this Regulation, parenthood should mean the parent-child relationship established in law, and should cover the legal status of being the child of a particular parent or parents. This Regulation should cover the parenthood established in a Member State of both minors and adults, including a deceased child and a child not yet born, whether to a single parent, a de facto couple, a married couple or a couple in a relationship which, under the law applicable to such relationship, has comparable effects, such as a registered partnership. This Regulation should apply regardless of the nationality of the child whose parenthood is to be established, and regardless of the nationality of the parents of the child. The term ‘parent’ in this Regulation should be understood, as applicable, as referring to the legal parent, the intended parent, the person who claims to be a parent or the person in respect of whom the child claims parenthood.
2023/07/20
Committee: JURI
Amendment 106 #

2022/0402(CNS)

Proposal for a regulation
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of private international law, jurisdiction should be determined, in each Member State, in compliance with the laws of that Member State.
2023/07/25
Committee: LIBE
Amendment 107 #

2022/0402(CNS)

Proposal for a regulation
Recital 40
(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.deleted
2023/07/25
Committee: LIBE
Amendment 109 #

2022/0402(CNS)

Proposal for a regulation
Recital 41
(41) Where this Regulation refers to nationality as a connecting factor for the purposes of jurisdiction or applicable law, the question of how to consider a child or a parent having multiple nationalities is a preliminary question which falls outside the scope of this Regulation and should be left to national law, including, where applicable, international conventions, in full observance of the general principles of the Union. For the purposes of this Regulation, a child or a parent possessing multiple nationalities may choose the court or the law of any of the Member States whose nationality he or she possesses at the time of seising the court or at the time the parenthood is established.deleted
2023/07/25
Committee: LIBE
Amendment 110 #

2022/0402(CNS)

Proposal for a regulation
Recital 42
(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third- country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced because of disturbances occurring in their State of habitual residence.deleted
2023/07/25
Committee: LIBE
Amendment 111 #

2022/0402(CNS)

Proposal for a regulation
Recital 43
(43) Where no court of a Member State has jurisdiction pursuant to this Regulation, jurisdiction should be determined, in each Member State, by the laws of that Member State, including the international instruments in force in that Member State.deleted
2023/07/25
Committee: LIBE
Amendment 112 #

2022/0402(CNS)

Proposal for a regulation
Recital 45
(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation and should only produce effects in the proceedings for which it was made.
2023/07/25
Committee: LIBE
Amendment 113 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 26
(26) For the purposes of this Regulation, a domestic adoption in a Member State is that in which the child and the adoptive parent or parents have their habitual residence in the same Member State and where the adoption creates a permanent parent-child relationship. In order to take account of the different legal traditions of the Member States, this Regulation should cover domestic adoption in a Member State where the adoption results in the termination of the legal relationship between the child and the family of origin (full adoption) as well as domestic adoption in a Member State which does not result in the termination of the legal relationship between the child and the family of origin (simple adoption).deleted
2023/07/20
Committee: JURI
Amendment 117 #

2022/0402(CNS)

Proposal for a regulation
Recital 50
(50) This Regulation should provide legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.ted
2023/07/25
Committee: LIBE
Amendment 118 #

2022/0402(CNS)

Proposal for a regulation
Recital 51
(51) As a rule, the law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the woman giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)national law of the child.
2023/07/25
Committee: LIBE
Amendment 119 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 29
(29) In particular, the rules on jurisdiction, applicable law, and recognition of final court decisions and acceptance of authentic instruments with binding legal effect set out in this Regulation should not apply to maintenance rights, governed by Council Regulation (EC) No 4/200955; succession rights, governed by Regulation (EU) No 650/2012 of the European Parliament and of the Council56; or parental responsibility matters, governed by Council Regulation (EU) 2019/111157. However, as the question of the parenthood of a child must be resolved as a preliminary question before resolving matters of parental responsibility, maintenance or succession as regards the child, this Regulation should facilitate the application of the above-mentioned Union instruments on family law and succession. _________________ 55 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1). 56 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201, 27.7.2012, p. 107). 57 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
2023/07/20
Committee: JURI
Amendment 121 #

2022/0402(CNS)

Proposal for a regulation
Recital 52
(52) By way of exception, where the law applicable as a rule results in the establishment of parenthood as regards only one parent (for example, only the genetic parent in a same-sex couple), either of two subsidiary laws, namely the law of the State of nationality of either parent or the law of the State of birth of the child, may be applied to establish parenthood as regards the second parent (for example, the non-genetic parent in a same-sex couple). Given that, in those cases, both the parenthood as regards one parent and the parenthood as regards the other parent would be established in accordance with one of the laws designated as applicable by this Regulation, the parenthood as regards each parent, including where established by the authorities of different Member States, should be recognised in all other Member States under the rules of this Regulation where the parenthood as regards each parent has been established by the authorities of a Member State whose courts have jurisdiction under this Regulation.deleted
2023/07/25
Committee: LIBE
Amendment 123 #

2022/0402(CNS)

Proposal for a regulation
Recital 53
(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.deleted
2023/07/25
Committee: LIBE
Amendment 124 #

2022/0402(CNS)

Proposal for a regulation
Recital 31
(31) The requirements for the recording of parenthood in a register should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept that should determine under what legal conditions and how the recording must be carried out, and which authorities are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. In order to avoid duplication of documents, the national registration authorities should accept the documents drawn up in another Member State by the competent authorities whose circulation is provided for by this Regulation. In particular, the European Certificate of Parenthood issued under this Regulation should constitute a valid document for the recording of parenthood in a register of a Member State. As the procedure for the issuance of the European Certificate of Parenthood and its contents and effects should be uniform in all Member States as set out in this Regulation, and the European Certificate of Parenthood should be issued in conformity with the rules on jurisdiction and applicable law laid down in this Regulation, the authorities involved in the registration should not require that the European Certificate of Parenthood be first transposed into a national document on parenthood. This should not preclude the authorities involved in the registration from confirming the conditions necessary to establish the authenticity of the European Certificate of Parenthood or from asking the person applying for registration to provide such additional information as required under the law of the Member State in which the register is kept, provided that information is not already included in the European Certificate of Parenthood. The competent authority may indicate to the person applying for registration how the missing information can be provided. The effects of recording the parenthood in a register (for example, depending on the national law, whether registration establishes parenthood or only provides evidence of the parenthood already established) should also be excluded from the scope of this Regulation and be determined by the law of the Member State in which the register is kept.deleted
2023/07/20
Committee: JURI
Amendment 124 #

2022/0402(CNS)

Proposal for a regulation
Recital 54
(54) To ensure legal certainty and the continuity of parenthood, where parenthood has been established in a Member State in accordance with one of the laws designated as applicable by this Regulation, the change of applicable law as a result of a change of the habitual residence of the person who gave birth or of the nationality of either parent should not affect the parenthood already established.deleted
2023/07/25
Committee: LIBE
Amendment 125 #

2022/0402(CNS)

Proposal for a regulation
Recital 55
(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done.
2023/07/25
Committee: LIBE
Amendment 126 #

2022/0402(CNS)

Proposal for a regulation
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.deleted
2023/07/25
Committee: LIBE
Amendment 128 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 32 a (new)
(32a) It should also not cover the recognition of court decisions which are open to appeal or of authentic instruments without binding legal effect.
2023/07/20
Committee: JURI
Amendment 129 #

2022/0402(CNS)

Proposal for a regulation
Recital 57
(57) Since there are States in which two or more systems of law or sets of rules concerning the matters governed by this Regulation may coexist, a provision should govern the extent to which this Regulation applies in the different territorial units of those States, but the rules on the conflict of laws laid down by national legal systems must always be observed.
2023/07/25
Committee: LIBE
Amendment 131 #

2022/0402(CNS)

Proposal for a regulation
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood canmust be provided by the document establishing the parenthood (such as thefinal court decision, or the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate)authentic instrument with binding legal effect establishing parenthood.
2023/07/20
Committee: JURI
Amendment 132 #

2022/0402(CNS)

Proposal for a regulation
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deed of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deed, an administrative decision or registration).
2023/07/25
Committee: LIBE
Amendment 136 #

2022/0402(CNS)

Proposal for a regulation
Recital 35
(35) The smooth and correct functioning of a Union area of justice with respect for the Member States’ different legal systems and traditions is fundamental for the Union. In that regard, mutual trust in one another’s justice systems should be further enhanced.deleted
2023/07/20
Committee: JURI
Amendment 136 #

2022/0402(CNS)

Proposal for a regulation
Recital 61
(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any interested partyparty with a legitimate interest recognised under the procedural law of the Member State in which the proceedings were launched who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.
2023/07/25
Committee: LIBE
Amendment 139 #

2022/0402(CNS)

Proposal for a regulation
Recital 64
(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in compliance with national laws and procedures, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.
2023/07/25
Committee: LIBE
Amendment 140 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 38
(38) This Regulation should respect the different systems for dealing with parenthood matters in the Member States. As regards ‘authentic instruments’, Member States often empower authorities, such as notaries, administrative authorities or registrars to draw up authentic instruments establishing parenthood with binding legal effect in the Member State in which they have been drawn up or registered (‘authentic instruments with binding legal effect’), or to draw up authentic instruments which have no binding legal effect in the Member State in which they have been drawn up or registered but which have evidentiary effects in that Member State (‘authentic instruments with no binding legal effect’). The term ‘empowerment’ in this Regulation is to be interpreted autonomously in accordance with the definition of 'authentic instrument' used horizontally in Union instruments and in the light of the objectives of this Regulation.
2023/07/20
Committee: JURI
Amendment 144 #

2022/0402(CNS)

Proposal for a regulation
Recital 68
(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.deleted
2023/07/25
Committee: LIBE
Amendment 145 #

2022/0402(CNS)

Proposal for a regulation
Recital 69
(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.deleted
2023/07/25
Committee: LIBE
Amendment 146 #

2022/0402(CNS)

Proposal for a regulation
Recital 39
(39) To safeguard the child’s interests, jurisdiction should be determined according to the criterion of proximity. Consequently, where possible jurisdiction should lie with the Member State of the habitual residence of the child. However, in order to facilitate the child’s access to justice in a Member State, alternative jurisdiction should also be granted to the Member State of the nationality of the child, to the Member State of the habitual residence of the respondent (for example, the person in respect of whom the child claims parenthood), to the Member State of the habitual residence of any of the parents, to the Member State of the nationality of any of the parents or to the Member State of the child’s birthsovereignty of Member States and respect the general principles of international private law, jurisdiction should be determined, in each Member State, by the laws of that Member State.
2023/07/20
Committee: JURI
Amendment 147 #

2022/0402(CNS)

Proposal for a regulation
Recital 70
(70) The ‘authenticity’ of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be an autonomous concept covering elements such as the genuineness of the instrument, the formal prerequisites of the instrument, the powers of the authority drawing up the instrument and the procedure under which the instrument is drawn up. It should also cover the factual elements recorded in the authentic instrument. A party wishing to challenge the authenticity of such an authentic instrument should do so before the competent court in the Member State of origin of the authentic instrument under the law of that Member State.deleted
2023/07/25
Committee: LIBE
Amendment 148 #

2022/0402(CNS)

Proposal for a regulation
Recital 40
(40) In accordance with the case law of the Court of Justice, the child’s place of habitual residence must be established on the basis of all the circumstances specific to each individual case. In addition to the physical presence of the child in the territory of a Member State, other factors must be chosen which are capable of showing that that presence is not in any way temporary or intermittent and that it reflects some degree of integration of the child into a social and family environment, which is the place which, in practice, is the centre of that child’s life. Such factors include the duration, regularity, conditions and reasons for the child’s stay on the territory of the Member State concerned and the child’s nationality, with the relevant factors varying according to the age of the child concerned. They also include the place and conditions of the child’s attendance at school, and the family and social relationships of the child in the Member State. The intention of the parents to settle with the child in a given Member State may also be taken into account where that intention is manifested by tangible steps, such as the purchase or lease of a residence in the Member State concerned. By contrast, the nationality of the person giving birth or the previous residence of this person in the Member State of the court seised is not relevant, whereas the fact that the child was born in that Member State and holds the nationality of that Member State is insufficient.deleted
2023/07/20
Committee: JURI
Amendment 148 #

2022/0402(CNS)

Proposal for a regulation
Recital 71
(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.deleted
2023/07/25
Committee: LIBE
Amendment 149 #

2022/0402(CNS)

Proposal for a regulation
Recital 72
(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.deleted
2023/07/25
Committee: LIBE
Amendment 150 #

2022/0402(CNS)

Proposal for a regulation
Recital 41
(41) Where this Regulation refers to nationality as a connecting factor for the purposes of jurisdiction or applicable law, the question of how to consider a child or a parent having multiple nationalities is a preliminary question which falls outside the scope of this Regulation and should be left to national law, including, where applicable, international conventions, in full observance of the general principles of the Union. For the purposes of this Regulation, a child or a parent possessing multiple nationalities may choose the court or the law of any of the Member States whose nationality he or she possesses at the time of seising the court or at the time the parenthood is established.deleted
2023/07/20
Committee: JURI
Amendment 150 #

2022/0402(CNS)

Proposal for a regulation
Recital 73
(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.deleted
2023/07/25
Committee: LIBE
Amendment 151 #

2022/0402(CNS)

Proposal for a regulation
Recital 42
(42) Where jurisdiction cannot be established based on the general alternative jurisdiction grounds, the courts of the Member State where the child is present should have jurisdiction. This presence rule should, in particular, allow the courts of a Member State to exercise jurisdiction in respect of third- country national children, including applicants for or beneficiaries of international protection such as refugee children and children internationally displaced because of disturbances occurring in their State of habitual residence.deleted
2023/07/20
Committee: JURI
Amendment 151 #

2022/0402(CNS)

Proposal for a regulation
Recital 74
(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effects in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.deleted
2023/07/25
Committee: LIBE
Amendment 152 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 45
(45) In the interests of procedural economy and procedural efficiency, if the outcome of proceedings before a court of a Member State not having jurisdiction under this Regulation depends on the determination of an incidental question falling within the scope of this Regulation, the courts of that Member State should not be prevented by this Regulation from determining that question. Therefore, if the object of the proceedings is, for instance, a succession dispute in which the parent- child relationship between the deceased and the child must be established for the purposes of those proceedings, the Member State having jurisdiction for the succession dispute should be allowed to determine that question for the pending proceedings, regardless of whether it has jurisdiction for parenthood matters under this Regulation. Any such determination should be made in accordance with the applicable law designated by this Regulation and should only produce effects in the proceedings for which it was made.
2023/07/20
Committee: JURI
Amendment 155 #

2022/0402(CNS)

Proposal for a regulation
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
2023/07/25
Committee: LIBE
Amendment 156 #

2022/0402(CNS)

Proposal for a regulation
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
2023/07/25
Committee: LIBE
Amendment 159 #

2022/0402(CNS)

Proposal for a regulation
Recital 76
(76) In order for the recognition of the parenthood established in a Member State to be settled speedily, smoothly and efficiently, children or their parent(s) should be able to demonstrate easily the children’s status in another Member State. To enable them to do so, this Regulation should provide for the creation of a uniform certificate, the European Certificate of Parenthood, to be issued for use in another Member State. In order to respect the principle of subsidiarity, the European Certificate of Parenthood should not take the place of internal documents which may exist for similar purposes in the Member States.deleted
2023/07/25
Committee: LIBE
Amendment 162 #

2022/0402(CNS)

Proposal for a regulation
Recital 50
(50) This Regulation should provide legal certainty and predictability by providing common rules on the law applicable to the establishment of parenthood in cross-border situations. Such common rules aim to avoid conflicting decisions depending on which Member State’s courts or other competent authorities establish parenthood and to facilitate, in particular, the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.ted
2023/07/20
Committee: JURI
Amendment 163 #

2022/0402(CNS)

Proposal for a regulation
Recital 77
(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted
2023/07/25
Committee: LIBE
Amendment 164 #

2022/0402(CNS)

Proposal for a regulation
Recital 51
(51) As a rule, tThe law applicable to the establishment of parenthood in cross- border situations should be the law of the State of the habitual residence of the person giving birth at the time of birth. This connecting factor should ensure that the applicable law can be determined in the vast majority of cases, including as regards a new-born, whose habitual residence may be difficult to establish. The time of birth should be interpreted strictly, referring to the most frequent situation in which parenthood is established upon birth by operation of law and registered in the relevant register within a few days following birth. That law should apply both to situations in which the person giving birth has the habitual residence in the State of birth (as would be the typical situation) and also to situations in which the person giving birth has the habitual residence in a State other than the State of birth (for example, when birth occurs while travelling). The law of the State of the habitual residence of the person giving birth at the time of birth should apply, by analogy, where the parenthood of the child needs to be established before the child is born. To ensure that the applicable law can be determined in all circumstances, the law of the State of birth of the child should apply in the rare cases where the habitual residence of the person giving birth at the time of birth cannot be established (for example, in the case of a refugee or an internationally displaced mother)Member State whose courts are hearing the case.
2023/07/20
Committee: JURI
Amendment 164 #

2022/0402(CNS)

Proposal for a regulation
Recital 78
(78) The use of the European Certificate of Parenthood should not be mandatory. This means that persons entitled to apply for a European Certificate of Parenthood, namely the child or a legal representative, should be under no obligation to do so and should be free to present the other instruments available under this Regulation (a court decision or an authentic instrument) when requesting recognition in another Member State. However, no authority or person presented with a European Certificate of Parenthood issued in another Member State should be entitled to request that a court decision or an authentic instrument be presented instead of the European Certificate of Parenthood.deleted
2023/07/25
Committee: LIBE
Amendment 166 #

2022/0402(CNS)

(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted
2023/07/25
Committee: LIBE
Amendment 167 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 53
(53) Any of the laws designated as applicable by this Regulation should apply even if it is not the law of a Member State.deleted
2023/07/20
Committee: JURI
Amendment 169 #

2022/0402(CNS)

Proposal for a regulation
Recital 80
(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this Regulation. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.deleted
2023/07/25
Committee: LIBE
Amendment 170 #

2022/0402(CNS)

Proposal for a regulation
Recital 81
(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted
2023/07/25
Committee: LIBE
Amendment 172 #

2022/0402(CNS)

Proposal for a regulation
Recital 54
(54) To ensure legal certainty and the continuity of parenthood, where parenthood has been established in a Member State in accordance with one of the laws designated as applicable by this Regulation, the change of applicable law as a result of a change of the habitual residence of the person who gave birth or of the nationality of either parent should not affect the parenthood already established.deleted
2023/07/20
Committee: JURI
Amendment 172 #

2022/0402(CNS)

Proposal for a regulation
Recital 83
(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
2023/07/25
Committee: LIBE
Amendment 174 #

2022/0402(CNS)

Proposal for a regulation
Recital 55
(55) An interested party may do a unilateral act intended to have legal effect on a parenthood established or to be established, for example, an acknowledgment of paternity or the giving of consent by a spouse to the use of assisted reproductive technology. Such an act should be formally valid if it satisfies the formal requirements of the law designated as applicable by this Regulation, or the law of the State in which the person doing the act has the habitual residence, or the law of the State in which the act was done.
2023/07/20
Committee: JURI
Amendment 174 #

2022/0402(CNS)

Proposal for a regulation
Recital 86
(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).deleted
2023/07/25
Committee: LIBE
Amendment 175 #

2022/0402(CNS)

Proposal for a regulation
Recital 56
(56) Considerations of public interest should allow courts and other competent authorities establishing parenthood in the Member States to disregard, in exceptional circumstances, certain provisions of a foreign law where, in a given case, applying such provisions would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to apply the public policy exception in order to set aside the law of another State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.deleted
2023/07/20
Committee: JURI
Amendment 176 #

2022/0402(CNS)

Proposal for a regulation
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of the third indent of Article 3(2) of the Charter, which prohibits making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 5(3) prohibiting trafficking in human beings, Article 5(4) prohibiting trafficking in human beings, and Article 5(5) prohibiting trafficking in human beings, of Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
2023/07/25
Committee: LIBE
Amendment 178 #

2022/0402(CNS)

Proposal for a regulation
Recital 92
(92) In applying this Regulation, Member State courts or other competent authorities may need to process personal data for the purposes of the establishment of parenthood in cross-border situations and of the recognition of parenthood between Member States. This entails the processing of personal data for the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood. Personal data processed by Member State courts or other competent authorities pursuant to this Regulation are contained in the documents handled by Member State courts or other competent authorities for the above purposes. Personal data processed will in particular concern children, their parents and their legal representatives. The personal data handled by Member State courts or other competent authorities should be processed in accordance with applicable data protection legislation, in particular the GDPR. In addition, in applying this Regulation, the Commission may need to process personal data in connection with the electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities to request, receive and send a European Certificate of Parenthood, or in proceedings concerning the recognition or the refusal of recognition of parenthood, through the European electronic access point in the context of the decentralised IT system. The personal data handled by the Commission should be processed in accordance with the EUDPR.
2023/07/25
Committee: LIBE
Amendment 180 #

2022/0402(CNS)

Proposal for a regulation
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.
2023/07/25
Committee: LIBE
Amendment 181 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 58
(58) This Regulation should provide for the recognition of final court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.
2023/07/20
Committee: JURI
Amendment 184 #

2022/0402(CNS)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
2023/07/25
Committee: LIBE
Amendment 185 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 61
(61) It should be left to national law whether the grounds for refusal may be raised by a party or ex officio. This should not preclude any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings are initiated, who wishes to raise the recognition of a court decision on parenthood given in another Member State as the principal issue in a dispute, from applying to a court for a court decision stating that there are no grounds for a refusal of the recognition of that final court decision. It should be for the national law of the Member State where such application is made to determine who can be considered as an interested party entitled to make such application.
2023/07/20
Committee: JURI
Amendment 189 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
(aa) the existence, validity or recognition of parenthood in Member States;
2023/07/25
Committee: LIBE
Amendment 191 #

2022/0402(CNS)

Proposal for a regulation
Recital 62
(62) The recognition in a Member State of final court decisions on parenthood matters given in another Member State should be based on the principle of mutual trust. Therefore, the grounds for non- recognition should be kept to the minimum in the light of the underlying aim of this Regulation, which is to facilitate the recognition of parenthood and to protect effectively children’s rights and the best interests of the child in cross-border situations.
2023/07/20
Committee: JURI
Amendment 191 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) parental responsibility and custody matters;
2023/07/25
Committee: LIBE
Amendment 192 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 64
(64) As regards the opportunity given to children below the age of 18 years to express their views, it should be for the court of origin, in accordance with national legislation and procedure, to decide about the appropriate method for hearing the child. Therefore, it should not be possible to refuse recognition of a final court decision on the sole ground that the court of origin used a different method to hear the child than a court in the Member State of recognition would use.
2023/07/20
Committee: JURI
Amendment 194 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 3
3. This Regulation shall not apply to the recognition of court decisions establishing parenthood given in a third State, or to the recognition or, as the case may be, acceptance of authentic instruments establishing or proving parenthood drawn up or registered in a third State.
2023/07/25
Committee: LIBE
Amendment 195 #

2022/0402(CNS)

Proposal for a regulation
Recital 65
(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to ‘final court decisions’ for the purposes of the rules on recognition of this Regulation.
2023/07/20
Committee: JURI
Amendment 196 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in accordance with national law. It includes the legal status of being the child of a particular parent or parents;
2023/07/25
Committee: LIBE
Amendment 199 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 68
(68) In order to take into account the different systems of dealing with parenthood in the Member States, this Regulation should guarantee the acceptance in all Member States of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Such authentic instruments can have evidentiary effects as regards parenthood already established or as regards other facts. Depending on the national law, authentic instruments providing evidence of parenthood already established can be, for example, a birth certificate, a parenthood certificate or an extract from the civil register on birth. Authentic instruments providing evidence of other facts can be, for example, a notarial or administrative document recording an acknowledgment of paternity, a notarial or administrative document recording the consent of a mother or of a child to the establishment of parenthood, a notarial or administrative document recording the consent of a spouse to the use of assisted reproductive technology, or a notarial or administrative document recording a possession of state.deleted
2023/07/20
Committee: JURI
Amendment 204 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 5
5. 'court decision' means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood, against which no further appeal may be made, under either routine or extraordinary procedures;
2023/07/25
Committee: LIBE
Amendment 205 #

2022/0402(CNS)

Proposal for a regulation
Recital 69
(69) Authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State should have the same evidentiary effects in another Member State as they have in the Member State of origin, or the most comparable effects. When determining the evidentiary effects of such an authentic instrument in another Member State or the most comparable effects, reference should be made to the nature and the scope of the evidentiary effects of the authentic instrument in the Member State of origin. The evidentiary effects which such an authentic instrument should have in another Member State will therefore depend on the law of the Member State of origin.deleted
2023/07/20
Committee: JURI
Amendment 206 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 7
7. 'Member State of origin' means the Member State in which the court decision on parenthood has been given, the authentic instrument on parenthood has been formally drawn up or registered, or the European Certificate of Parenthood has been issued;
2023/07/25
Committee: LIBE
Amendment 209 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 71
(71) The term ‘legal act’ (for example, an acknowledgment of paternity or the giving of consent) or ‘legal relationship’ (for example, the parenthood of a child) recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State should be interpreted as referring to the contents as to substance recorded in the authentic instrument. A party wishing to challenge a legal act or a legal relationship recorded in the authentic instrument should do so before the courts having jurisdiction under this Regulation, which should decide on the challenge in accordance with the law applicable to the establishment of parenthood designated by this Regulation.deleted
2023/07/20
Committee: JURI
Amendment 211 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
In matters relating to parenthood, jurisdiction shall lie with the courtJurisdiction shall be determined, in each Member State, by the laws of the at Member State:.
2023/07/25
Committee: LIBE
Amendment 212 #

2022/0402(CNS)

Proposal for a regulation
Recital 72
(72) If a question relating to the legal act or legal relationship recorded in an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is raised as an incidental question in proceedings before a court of a Member State, that court should have jurisdiction over that question.deleted
2023/07/20
Committee: JURI
Amendment 212 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) of the habitual residence of the child at the time the court is seised, ordeleted
2023/07/25
Committee: LIBE
Amendment 213 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) of the nationality of the child at the time the court is seised, ordeleted
2023/07/25
Committee: LIBE
Amendment 214 #

2022/0402(CNS)

Proposal for a regulation
Recital 73
(73) Where an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State is being challenged, it should not produce any evidentiary effects in a Member State other than the Member State of origin as long as the challenge is pending. If the challenge concerns only a specific matter relating to the legal act or legal relationships recorded in the authentic instrument, the authentic instrument in question should not produce any evidentiary effects in a Member State other than the Member State of origin with regard to the matter being challenged as long as the challenge is pending. An authentic instrument which has been declared invalid as a result of a challenge should cease to produce any evidentiary effects.deleted
2023/07/20
Committee: JURI
Amendment 215 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) of the habitual residence of the respondent at the time the court is seised, ordeleted
2023/07/25
Committee: LIBE
Amendment 216 #

2022/0402(CNS)

Proposal for a regulation
Recital 74
(74) Should an authority, in application of this Regulation, be presented with two incompatible authentic instruments which do not establish parenthood with binding legal effect but which have evidentiary effects in their respective Member State of origin, it should assess the question of which authentic instrument, if any, should be given priority taking into account the circumstances of the particular case. Where it is not clear from those circumstances which of such authentic instruments, if any, should be given priority, the question should be determined by the courts having jurisdiction under this Regulation or, where the question is raised as an incidental question in the course of proceedings, by the court seised of those proceedings.deleted
2023/07/20
Committee: JURI
Amendment 216 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point d
(d) of the habitual residence of either parent at the time the court is seised, ordeleted
2023/07/25
Committee: LIBE
Amendment 217 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) of the nationality of either parent at the time the court is seised, ordeleted
2023/07/25
Committee: LIBE
Amendment 218 #

2022/0402(CNS)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) of birth of the child.deleted
2023/07/25
Committee: LIBE
Amendment 219 #

2022/0402(CNS)

Proposal for a regulation
Article 7
Jurisdiction based on the presence of the Where jurisdiction cannot be determined on the basis of Article 6, the courts of the Member State where the child is present shall have jurisdiction.Article 7 deleted child
2023/07/25
Committee: LIBE
Amendment 220 #

2022/0402(CNS)

Proposal for a regulation
Article 8
Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that Member State.Article 8 deleted Residual jurisdiction
2023/07/25
Committee: LIBE
Amendment 221 #

2022/0402(CNS)

Proposal for a regulation
Article 9 – paragraph 1
Where no court of a Member State has jurisdiction pursuant to other provisions of this Regulationits own laws, the courts of a Member State may, on an exceptional basis, rule on parenthood matters if proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the case is closely connected.
2023/07/25
Committee: LIBE
Amendment 222 #

2022/0402(CNS)

Proposal for a regulation
Article 10
1. If the outcome of proceedings in a matter not falling within the scope of this Regulation before a court of a Member State depends on the determination of an incidental question relating to parenthood, a court in that Member State may determine that question for the purposes of those proceedings even if that Member State does not have jurisdiction under this Regulation. 2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made.Article 10 deleted Incidental questions
2023/07/25
Committee: LIBE
Amendment 224 #

2022/0402(CNS)

Proposal for a regulation
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept aa final court decision or authentic instrument with binding legal effect on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept aa final court decision or an authentic instrument with binding legal effect issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
2023/07/20
Committee: JURI
Amendment 226 #

2022/0402(CNS)

Proposal for a regulation
Article 17 – paragraph 1
1. The law applicable to the establishment of parenthood shall be the law of the State of the habitual residence of the person giving birth at the time of birth or, where the habitual residence of the person giving birth at the time of birth cannot be determined, the law of the State of birth of the childnational law of the child at the time of birth.
2023/07/25
Committee: LIBE
Amendment 227 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 17 – paragraph 2
2. Notwithstanding paragraph 1, where the applicable law pursuant to paragraph 1 results in the establishment of parenthood as regards only one parent, the law of the State of nationality of that parent or of the second parent, or the law of the State of birth of the child, may apply to the establishment of parenthood as regards the second parent.deleted
2023/07/25
Committee: LIBE
Amendment 229 #

2022/0402(CNS)

Proposal for a regulation
Recital 77
(77) The authority that issues the European Certificate of Parenthood should have regard to the formalities required for the registration of parenthood in the Member State in which the register is kept. For that purpose, this Regulation should provide for an exchange of information on such formalities between the Member States.deleted
2023/07/20
Committee: JURI
Amendment 229 #

2022/0402(CNS)

Proposal for a regulation
Article 17 a (new)
Article17a Exceptions When the law designated by the preceding Article relates to the recognition of the parent-child relationship established between a child born out of surrogacy and the intended parent, the authority applied to may apply the law of the forum.
2023/07/25
Committee: LIBE
Amendment 233 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;
2023/07/25
Committee: LIBE
Amendment 236 #

2022/0402(CNS)

Proposal for a regulation
Recital 79
(79) The European Certificate of Parenthood should be issued in the Member State in which parenthood was established and whose courts have jurisdiction under this Regulation. It should be for each Member State to determine in its internal legislation which authorities are to have competence to issue the European Certificate of Parenthood, whether they be courts or other authorities with competence in matters of parenthood, such as, for example, administrative authorities, notaries or registrars. The Member States should communicate to the Commission the relevant information concerning the authorities empowered under national law to issue the European Certificate of Parenthood in order for that information to be made publicly available.deleted
2023/07/20
Committee: JURI
Amendment 237 #

2022/0402(CNS)

Proposal for a regulation
Article 19
Where parenthood has been established in a Member State pursuant to this Regulation, a subsequent cArticle 19 deleted Change of the applicable law shall not affect the parenthood already established.
2023/07/25
Committee: LIBE
Amendment 238 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1. A unilateral act intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:law applicable to the establishment of parenthood pursuant to Article 17;
2023/07/25
Committee: LIBE
Amendment 239 #

2022/0402(CNS)

Proposal for a regulation
Recital 80
(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this Regulation. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.deleted
2023/07/20
Committee: JURI
Amendment 239 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point a
(a) the law applicable to the establishment of parenthood pursuant to Article 17;deleted
2023/07/25
Committee: LIBE
Amendment 240 #

2022/0402(CNS)

Proposal for a regulation
Recital 80
(80) Whilst the contents and the effects of national authentic instrument providing evidence of parenthood (such as a birth certificate or a parenthood certificate) vary depending on the Member State of origin, the European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects and should be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood designated by this RegulationThe European Certificate of Parenthood should have the same contents and produce the same effects in all Member States. It should have evidentiary effects without precluding the Member State courts or competent authorities to which the certificate is presented from formally checking that it contains elements which have been established under the law applicable to the establishment of parenthood and that there are no grounds for refusal as a result of it being manifestly contrary to public policy. The evidentiary effects of the European Certificate of Parenthood should not extend to elements which are not governed by this Regulation, such as the civil status of the parents of the child whose parenthood is concerned. Whilst the language of a national authentic instrument with binding legal effect providing evidence of parenthood is issued in the language of the Member State of origin, the European Certificate of Parenthood form annexed to this Regulation is available in all Union languages.
2023/07/20
Committee: JURI
Amendment 240 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point b
(b) the law of the State in which the person doing the act has the habitual residence; ordeleted
2023/07/25
Committee: LIBE
Amendment 241 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point c
(c) the law of the State in which the act was done.deleted
2023/07/25
Committee: LIBE
Amendment 242 #

2022/0402(CNS)

Proposal for a regulation
Recital 81
(81) The court or other competent authority should issue the European Certificate of Parenthood upon request. The original of the European Certificate of Parenthood should remain with the issuing authority, which should issue one or more certified copies of the European Certificate of Parenthood to the applicant or a legal representative. Given the stability of parenthood status in the vast majority of cases, the validity of the copies of the European Certificate of Parenthood should not be limited in time, without prejudice to the possibility to rectify, modify, suspend or withdraw the European Certificate of Parenthood as necessary. This Regulation should provide for redress against decisions of the issuing authority, including decisions to refuse to issue a European Certificate of Parenthood. Where the European Certificate of Parenthood is rectified, modified, suspended or withdrawn, the issuing authority should inform the persons to whom certified copies have been issued so as to avoid a wrongful use of such copies.deleted
2023/07/20
Committee: JURI
Amendment 244 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.
2023/07/25
Committee: LIBE
Amendment 245 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Recital 83
(83) The European electronic access (83) point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a final court decision or an authentic instrument with binding legal effect on parenthood, or proceedings for the refusal of recognition of a final court decision or an authentic instrument with binding legal effect on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
2023/07/20
Committee: JURI
Amendment 251 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum and in the cases provided for in Article 17b.
2023/07/25
Committee: LIBE
Amendment 252 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination.
2023/07/25
Committee: LIBE
Amendment 253 #

2022/0402(CNS)

Proposal for a regulation
Recital 86
(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).deleted
2023/07/20
Committee: JURI
Amendment 254 #

2022/0402(CNS)

Proposal for a regulation
Recital 86
(86) In order to ensure that the attestations provided for in Chapters IV and V and the European Certificate of Parenthood provided for in Chapter VI of this Regulation are kept up to date, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend Annexes I to V to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making60. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 60 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
2023/07/20
Committee: JURI
Amendment 258 #

2022/0402(CNS)

Proposal for a regulation
Recital 90
(90) This Regulation respects the fundamental rights and observes the principles recognised in the Charter. In particular, this Regulation seeks to promote the application of Article 3(2)(c) of the Charter prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings, Article 7 on everyone’s right to respect for their private and family life, Article 21 prohibiting discrimination, and Article 24 on the protection of the rights of the child.
2023/07/20
Committee: JURI
Amendment 258 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 1
1. A court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as listed in Article 31.
2023/07/25
Committee: LIBE
Amendment 261 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 2
2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
2023/07/25
Committee: LIBE
Amendment 262 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

1. Any interested partyparty with a legitimate interest under the procedural law of the Member State in which the proceedings were launched may, in accordance with the procedures provided for in Articles 32 to 34, apply for a decision that there are no grounds for refusal of recognition referred to in Article 31.
2023/07/25
Committee: LIBE
Amendment 264 #

2022/0402(CNS)

Proposal for a regulation
Recital 93
(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of final court decisions and authentic instruments with binding legal effect on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).
2023/07/20
Committee: JURI
Amendment 264 #

2022/0402(CNS)

Proposal for a regulation
Article 27
1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with its production. 2. If the court or other competent authority before which a court decision given in another Member State is invoked so requires, a translation or transliteration of such equivalent documents shall be produced.Article 27 deleted Absence of documents
2023/07/25
Committee: LIBE
Amendment 265 #

2022/0402(CNS)

Proposal for a regulation
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying final court decisions or authentic instruments with binding legal effect, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.
2023/07/20
Committee: JURI
Amendment 266 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
The court before which a court decision given in another Member State is invoked may stay its proceedings, in whole or in part, where: an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.
2023/07/25
Committee: LIBE
Amendment 267 #

2022/0402(CNS)

Proposal for a regulation
Recital 95
(95) For the purposes of the establishment of parenthood in a cross- border situation, the issuance of the attestations accompanying court decisions or authentic instruments, the issuance of a European Certificate of Parenthood, the presentation of documents for the recognition of parenthood, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood, or the application for refusal of recognition of parenthood, Member State courts or other competent authorities empowered by the Member States to apply this Regulation should be regarded as controllers within the meaning of Article 4, point 7 of the GDPR. For the purposes of the technical management, development, maintenance, security and support of the European electronic access point, and of the communication between natural persons or their legal representatives and Member State courts or other competent authorities through the European electronic access point and the decentralised IT system, the Commission should be regarded as controller within the meaning of Article 3, point 8 of the EUDPR. Controllers should ensure the security, integrity, authenticity and confidentiality of the data processed for the above purposes.
2023/07/20
Committee: JURI
Amendment 268 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) an ordinary appeal against that court decision has been lodged in the Member State of origin; ordeleted
2023/07/25
Committee: LIBE
Amendment 269 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.deleted
2023/07/25
Committee: LIBE
Amendment 271 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the recognition or, as the case may be, acceptance in a Member State of final court decisions on parenthood given, and authentic instruments with binding legal effect on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
2023/07/20
Committee: JURI
Amendment 277 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point c
(c) upon application by any person with a legitimate interest under the procedural law of the Member State in which the proceedings were launched claiming that the court decision infringes his fatherhood or her motherhood over the child if it was given without such person having been given an opportunity to be heard;
2023/07/25
Committee: LIBE
Amendment 278 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
(aa) the existence, validity or recognition of parenthood in the Member States;
2023/07/20
Committee: JURI
Amendment 280 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
(ea) on the grounds of failure to produce the documents required under Article 26, without prejudice to the option for the court seised to derogate from that obligation pursuant to Article 32(7) of this Regulation.
2023/07/25
Committee: LIBE
Amendment 282 #

2022/0402(CNS)

Proposal for a regulation
Article 3 – paragraph 2 – point b
(b) matters relating to parental responsibility mattersand custody;
2023/07/20
Committee: JURI
Amendment 283 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination .
2023/07/25
Committee: LIBE
Amendment 286 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationship established in national law. It includes the legal status of being the child of a particular parent or parents;
2023/07/20
Committee: JURI
Amendment 290 #

2022/0402(CNS)

Proposal for a regulation
Article 33 – paragraph 2
2. The challenge or appeal shall be lodged with the court communicated by the Member States to the Commission pursuant to Article 71 as the court with which such a challenge or appeal is to be lodged, and will be determined on the basis of the law of the Member State of the court that has refused recognition.
2023/07/25
Committee: LIBE
Amendment 291 #

2022/0402(CNS)

Proposal for a regulation
Article 34 – paragraph 1
A court decision given on the challenge or appeal may only be contested by a challenge or appeal where: (1) the courts with which any further challenge or appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to Article 71; (2) such courts of appeal or further appeals have been decided on in compliance with the law of the Member State of the court seised.
2023/07/25
Committee: LIBE
Amendment 293 #

2022/0402(CNS)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part
This Section shall apply to authentic instruments establishing parenthood in accordance with national law that:
2023/07/25
Committee: LIBE
Amendment 295 #

2022/0402(CNS)

Proposal for a regulation
Article 36 – paragraph 1
Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required unless the grounds for refusal of recognition listed in Article 31 are present. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.
2023/07/25
Committee: LIBE
Amendment 298 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 5
5. '‘final court decision' means a decision of a court of a Member State, including a decree, order or judgment, concerning matters of parenthood and in respect of which there can be no further appeal, whether ordinary or extraordinary;
2023/07/20
Committee: JURI
Amendment 298 #

2022/0402(CNS)

Proposal for a regulation
Article 37 – paragraph 1
1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II.
2023/07/25
Committee: LIBE
Amendment 299 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

(b) of the nationality of the child at the time the court is seised, ordeleted
2023/07/20
Committee: JURI
Amendment 309 #

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-the third indent of Article 3(2) prohibiting making the human body and its parts as such a source of financial gain, Article 5(3) prohibiting trafficking in human beings and Article 21 prohibiting discrimination .
2023/07/25
Committee: LIBE
Amendment 310 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views, unless that is not in the interests of the child. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
2023/07/25
Committee: LIBE
Amendment 313 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 8
8 Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that Member Where no court of a Member State has jurisdiction pursuant to Articles 6 or 7, jurisdiction shall be determined, in each Member State, by the laws of that MemberArticle 8 deleted State.
2023/07/20
Committee: JURI
Amendment 315 #

2022/0402(CNS)

Proposal for a regulation
Article 40 – paragraph 1
TWithout prejudice to Articles 34 and 69 of this Regulation, the jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
2023/07/25
Committee: LIBE
Amendment 316 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 10 – paragraph 2
2. The determination of an incidental question pursuant to paragraph 1 shall produce effects only in the proceedings for which that determination was made.deleted
2023/07/20
Committee: JURI
Amendment 319 #

2022/0402(CNS)

Proposal for a regulation
Article 44
This Chapter shall apply to authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State.Article 44 deleted Scope
2023/07/25
Committee: LIBE
Amendment 320 #
2023/07/25
Committee: LIBE
Amendment 326 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 17 – paragraph 2
2. Notwithstanding paragraph 1, where the applicable law pursuant to paragraph 1 results in the establishment of parenthood as regards only one parent, the law of the State of nationality of that parent or of the second parent, or the law of the State of birth of the child, may apply to the establishment of parenthood as regards the second parent.deleted
2023/07/20
Committee: JURI
Amendment 330 #

2022/0402(CNS)

Proposal for a regulation
Article 46
Creation of a European Certificate of 1. This Regulation creates a European Certificate of Parenthood (‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 53. 2. The use of the Certificate shall not be mandatory. 3. The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 53 in the Member State whose authorities issued it in accordance with this Chapter.Article 46 deleted Parenthood
2023/07/25
Committee: LIBE
Amendment 332 #

2022/0402(CNS)

Proposal for a regulation
Article 47
The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s parenthood status.Article 47 deleted Purpose of the Certificate
2023/07/25
Committee: LIBE
Amendment 335 #

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;
2023/07/20
Committee: JURI
Amendment 335 #

2022/0402(CNS)

Proposal for a regulation
Article 48
Competence to issue the Certificate 1. The Certificate shall be issued in the Member State in which parenthood was established and whose courts, as defined in Article 4(4), have jurisdiction under Article 6, Article 7 or Article 9. 2. The issuing authority, as communicated to the Commission pursuant to Article 71, of the Member State referred to in paragraph 1 shall be: (a) a court as defined in Article 4(4); or (b) another authority which, under national law, has competence to deal with parenthood matters.Article 48 deleted
2023/07/25
Committee: LIBE
Amendment 337 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
1. A unilateral act intended to have legal effect on the establishment of parenthood shall be valid as to form where it meets the requirements of one of the following laws:the law applicable to the establishment of parenthood in accordance with Article 17.
2023/07/20
Committee: JURI
Amendment 338 #

2022/0402(CNS)

Proposal for a regulation
Article 49
1. The Certificate shall be issued upon application by the child (‘the applicant’) or, where applicable, a legal representative. 2. For the purposes of submitting an application, the applicant may use the form established in Annex IV. 3. The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 50(2): (a) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (b) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (c) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (d) the place and Member State where the parenthood of the child is registered; (e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood; (f) the contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (g) a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified; (h) any other information which the applicant deems useful for the purposes of the issuance of theArticle 49 deleted Application for a Certificate.
2023/07/25
Committee: LIBE
Amendment 339 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point b
(b) the law of the State in which the person doing the act has the habitual residence; ordeleted
2023/07/20
Committee: JURI
Amendment 341 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 1 – point c
(c) the law of the State in which the act was done.deleted
2023/07/20
Committee: JURI
Amendment 342 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.
2023/07/20
Committee: JURI
Amendment 343 #

2022/0402(CNS)

Proposal for a regulation
Article 50
Examination of application 1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidence which it deems necessary. 2. Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence. 3. Where this is provided for by its national law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath. 4. For the purposes of this Article, the competent authority of a Member State shall, upon request, provide the issuing authority of another Member State with information held, in particular, in the civil, personal or population registers and other registers recording facts of relevance for the parenthood of the applicant, where that competent authority would be authorised, under national law, to provide another national authority with such information.Article 50 deleted
2023/07/25
Committee: LIBE
Amendment 344 #

2022/0402(CNS)

Proposal for a regulation
Article 51
1. The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V. The issuing authority shall not issue the Certificate in particular if: (a) the elements to be certified are being challenged; or (b) the Certificate would not be in conformity with a court decision covering the same elements. 2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a certificate under national law providing evidence of the parenthood of the applicant.Article 51 deleted Issuance of the certificate
2023/07/25
Committee: LIBE
Amendment 347 #

2022/0402(CNS)

Proposal for a regulation
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
2023/07/20
Committee: JURI
Amendment 349 #

2022/0402(CNS)

Proposal for a regulation
Article 52
The Certificate shall contain the following information, as applicable: (a) the name, address and contact details of the Member State’s issuing authority; (b) if different, the name, address and contact details of the Member State’s court that established parenthood, of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legal effect in the Member State of origin but with evidentiary effects in that Member State; (c) the reference number of the file; (d) the date and place of issue; (e) the place and Member State where the parenthood of the child is registered; (f) details concerning the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), sex, date and place of birth, nationality (if known), identification number (if applicable), address; (g) if applicable, details concerning the legal representative of the applicant: surname(s) (if applicable, surname(s) at birth), given name(s), address and representative capacity; (h) details concerning each parent: surname(s) (if applicable, surname(s) at birth), given name(s), date and place of birth, nationality, identification number (if applicable), address; (i) the elements on the basis of which the issuing authority considers itself competent to issue the Certificate; (j) the law applicable to the establishment of parenthood and the elements on the basis of which that law has been determined; (k) a statement informing Union citizens and their family members that the Certificate does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means; (l) signature and/or stamp of the issuing authority.Article 52 deleted Contents of the Certificate
2023/07/25
Committee: LIBE
Amendment 353 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 1
1. A final court decision on parenthood given in a Member State shall be recognised in all other Member States without any special procedure being required, unless there are grounds for refusal of recognition as referred to in Article 31.
2023/07/20
Committee: JURI
Amendment 354 #

2022/0402(CNS)

Proposal for a regulation
Article 53
1. The Certificate shall produce its effects in all Member States without any special procedure being required. 2. The Certificate shall be presumed to demonstrate accurately elements which have been established under the law applicable to the establishment of parenthood. The person mentioned in the Certificate as the child of a particular parent or parents shall be presumed to have the status mentioned in the Certificate. 3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).Article 53 deleted Effects of the Certificate
2023/07/25
Committee: LIBE
Amendment 355 #

2022/0402(CNS)

Proposal for a regulation
Article 54
1. The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant or a legal representative. 2. The issuing authority shall, for the purposes of Articles 55(3) and 57(2), keep a list of persons to whom certified copies have been issued pursuant to paragraph 1.Article 54 deleted Certified copies of the Certificate
2023/07/25
Committee: LIBE
Amendment 357 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 2
2. In particular, no special procedure shall be required for updating the civil- status records of a Member State on the basis of a final court decision on parenthood given in another Member State and against which no further appeal lies under the law of that Member State.
2023/07/20
Committee: JURI
Amendment 358 #

2022/0402(CNS)

Proposal for a regulation
Article 55
Rectification, modification or withdrawal 1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error. 2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate. 3. The issuing authority shall inform without delay all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.Article 55 deleted of the Certificate
2023/07/25
Committee: LIBE
Amendment 359 #

2022/0402(CNS)

Proposal for a regulation
Article 24 – paragraph 3
3. Where the recognition of a final court decision is raised as an incidental question before a court of a Member State, that court may determine that issue.
2023/07/20
Committee: JURI
Amendment 359 #

2022/0402(CNS)

1. Decisions taken by the issuing authority pursuant to Article 51 may be challenged by the applicant for a Certificate or a legal representative. Decisions taken by the issuing authority pursuant to Article 55 and point (a) of Article 57(1) may be challenged by any person demonstrating a legitimate interest. The challenge shall be lodged before a court in the Member State of the issuing authority in accordance with the law of that Member State. 2. If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority. If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.Article 56 deleted Redress procedures
2023/07/25
Committee: LIBE
Amendment 360 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 26 – paragraph 2
2. The court or other competent authority before which a final court decision given in another Member State is invoked may, where necessary, require the party invoking it to provide a translation or transliteration of the translatable content of the free text fields of the attestation referred to in point (b) of paragraph 1 of this Article.
2023/07/20
Committee: JURI
Amendment 363 #

2022/0402(CNS)

Proposal for a regulation
Article 57
Suspension of the effects of the Certificate 1. The effects of the Certificate may be suspended by: (a) the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 55; or (b) the court, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 56, pending such a challenge. 2. The issuing authority or, as the case may be, the court shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any suspension of the effects of the Certificate. During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.Article 57 deleted
2023/07/25
Committee: LIBE
Amendment 364 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 27
1. If the documents specified in Article 26(1) are not produced, the court or other competent authority before which a court decision given in another Member State is invoked may specify a time for its production, accept equivalent documents or, if it considers that it has sufficient information before it, dispense with its production. 2. If the court or other competent authority before which a court decision given in another Member State is invoked so requires, a translation or transliteration of such equivalent documents shall be produced.Article 27 deleted Absence of documents
2023/07/20
Committee: JURI
Amendment 366 #

2022/0402(CNS)

Proposal for a regulation
Article 58 – paragraph 1 – point b
(b) the application for, issuance, rectification, modification, withdrawal, suspension or redress procedures of the European Certificate of Parenthood.deleted
2023/07/25
Committee: LIBE
Amendment 367 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) an ordinary appeal against that court decision has been lodged in the Member State of origin; ordeleted
2023/07/20
Committee: JURI
Amendment 368 #

2022/0402(CNS)

Proposal for a regulation
Article 61 – paragraph 1
1. Each Member StateThe Commission shall bear the costs of the installation, operation and maintenance of the decentralised IT system’s access points which are located on their territory.
2023/07/25
Committee: LIBE
Amendment 369 #

2022/0402(CNS)

Proposal for a regulation
Article 28 – paragraph 1 – point b
(b) an application has been submitted for a decision that there are no grounds for refusal of recognition referred to in Article 25 or for a decision that the recognition is to be refused on the basis of one of those grounds.deleted
2023/07/20
Committee: JURI
Amendment 369 #

2022/0402(CNS)

Proposal for a regulation
Article 61 – paragraph 3
3. Member States shall not be prevented from applying for grants to support the activities referred to in paragraphs 1 and 2, under the relevant Union financial programmes.
2023/07/25
Committee: LIBE
Amendment 370 #

2022/0402(CNS)

Proposal for a regulation
Article 29 – paragraph 1
1. The court of a Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for a final court decision on parenthood using the form set out in Annex I.
2023/07/20
Committee: JURI
Amendment 370 #

2022/0402(CNS)

Proposal for a regulation
Article 63
The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes.Article 63 deleted Delegation of powers
2023/07/25
Committee: LIBE
Amendment 372 #

2022/0402(CNS)

Proposal for a regulation
Article 64
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 63 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 63 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it to the Council. 6. A delegated act adopted pursuant to Article 63 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. 7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.Article 64 deleted Exercise of the delegation
2023/07/25
Committee: LIBE
Amendment 374 #

2022/0402(CNS)

Proposal for a regulation
Article 68 – paragraph 1
1. The personal data required for the application of this Regulation shall be processed by Member State courts or other competent authorities for the purposes of the establishment of parenthood in cross- border situations and of the recognition of parenthood, in connection with the establishment of parenthood pursuant to Chapter II, the issuance of attestations pursuant to Articles 29, 37 and 45, the issuance of a European Certificate of Parenthood pursuant to Article 51, the presentation of the documents for the recognition of parenthood pursuant to Article 26, the obtaining of a decision that there are no grounds for refusal of recognition of parenthood pursuant to Article 25, or the application for refusal of recognition of parenthood pursuant to Article 32.
2023/07/25
Committee: LIBE
Amendment 377 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point b
(b) where it was given in default of appearance if the persons in default were not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable those persons to arrange for their defence unless it is determined that such persons have accepted the final court decision unequivocally;
2023/07/20
Committee: JURI
Amendment 377 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 3
3. Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought. Chapter V shall apply to the authentic instruments referred to in this paragraph.deleted
2023/07/25
Committee: LIBE
Amendment 378 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point d
(d) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in the Member State in which recognition is invoked;
2023/07/20
Committee: JURI
Amendment 381 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point e
(e) if and to the extent that it is irreconcilable with a later final court decision relating to parenthood given in another Member State provided that the later final court decision fulfils the conditions necessary for its recognition in the Member State in which recognition is invoked.
2023/07/20
Committee: JURI
Amendment 381 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 2
Chapter V shall apply to the authentic instruments referred to in this paragraph.deleted
2023/07/25
Committee: LIBE
Amendment 382 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
(ea) if there is a failure to submit the documents referred to in Article 26, without prejudice to the possibility for the court seised to waive this obligation in accordance with Article 32(7).
2023/07/20
Committee: JURI
Amendment 382 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 3 a (new)
3a. Final decisions and authentic instruments with binding legal effects issued after the date of entry into force of this Regulation in the Member State of the court which established parenthood, deriving from proceedings launched before its entry into force, shall be recognised pursuant to this Regulation provided that the rules governing jurisdiction applied are in accordance with the rules set out in Chapter II of this Regulation.
2023/07/25
Committee: LIBE
Amendment 386 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observance of the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-3(2), point (c) thereof prohibiting the use of the human body and its parts as a source of financial gain, Article 5(3) thereof prohibiting trafficking in human beings and Article 21 thereof prohibiting discrimination.
2023/07/20
Committee: JURI
Amendment 387 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point c
(c) the number of applications challenging the contents of an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, and the number of cases in which the challenge was successful;deleted
2023/07/25
Committee: LIBE
Amendment 390 #

2022/0402(CNS)

Proposal for a regulation
Article 31 – paragraph 3
3. The recognition of a final court decision in matters of parenthood may be refused if it was given without children having been given an opportunity to express their views, unless this is against the interest of the child. Where children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
2023/07/20
Committee: JURI
Amendment 390 #

2022/0402(CNS)

Proposal for a regulation
Article 71 – paragraph 1 – point d
(d) the courts and authorities competent to issue the European Certificate of Parenthood pursuant to Article 51, and the courts competent to deal with the redress procedures referred to in Article 56.deleted
2023/07/25
Committee: LIBE
Amendment 393 #

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 32 – paragraph 4
4. The applicant shall provide the court with a copy of the final court decision which satisfies the conditions necessary to establish its authenticity and, where applicable and possible, the appropriate attestation issued pursuant to Article 29.
2023/07/20
Committee: JURI
Amendment 394 #

2022/0402(CNS)

Proposal for a regulation
Annex III
[...]deleted
2023/07/25
Committee: LIBE
Amendment 396 #
2023/07/25
Committee: LIBE
Amendment 397 #

2022/0402(CNS)

Proposal for a regulation
Article 32 – paragraph 6
6. If the court is unable to proceed without a translation or transliteration of the final court decision, it may require the applicant to provide such a translation or transliteration.
2023/07/20
Committee: JURI
Amendment 400 #

2022/0402(CNS)

Proposal for a regulation
Annex V
[...]deleted
2023/07/25
Committee: LIBE
Amendment 401 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views, unless this is against the interest of the child. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with Article 15.
2023/07/20
Committee: JURI
Amendment 441 #

2022/0402(CNS)

Proposal for a regulation
Article 40 – paragraph 1
TWithout prejudice to Articles 34 and 69 of this Regulation, the jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
2023/07/20
Committee: JURI
Amendment 444 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point d
(d) the place and Member State where the parenthood of the child is registered;
2023/07/20
Committee: JURI
Amendment 480 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point e
(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) or documents establishing parenthood with binding legal effect or providing evidence of the parenthood that satisfy the conditions necessary to establish their authenticity;
2023/07/20
Committee: JURI
Amendment 482 #

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

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

2022/0402(CNS)

Proposal for a regulation
Annex V – point 7.3.4
7.3.4. Surname(s) and given name(s) of person authorised to sign for the organisation:*
2023/07/19
Committee: JURI
Amendment 147 #

2022/0277(COD)

Proposal for a regulation
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Systems developed outside of commonly agreed industry standards should be considered proprietary audience measurement systems. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service providers which abide by the commonly agreed industry standards shall not be considered as providers of proprietary audience measurement systems.
2023/05/05
Committee: CULT
Amendment 151 #

2022/0277(COD)

Proposal for a regulation
Recital 9
(9) The definition of audience measurement should cover measurement systems developed as agreed by industry standards within self-regulatory organisations, like the Joint Industry Committees, and measurement systems developed outside such self-regulatory approaches. The latter tend to be deployed by certain online players who self-measure or provide their proprietary audience measurement systems to the market, which do not necessarily abide by the commonly agreed industry standards. Systems developed outside of commonly agreed industry standards should be considered proprietary audience measurment systems. Given the significant impact that such audience measurement systems have on the advertising and media markets, they should be covered by this Regulation. Media service provoders which abide by the commonly agreed industry standards shall not be considered as providers of proprietary audience measurement systems.
2023/05/09
Committee: LIBE
Amendment 181 #

2022/0277(COD)

Proposal for a regulation
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to universal and varied offers including quality information, and balanced and impartial media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, that Member States to put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, such funding should be decided and appropriated on a multi-year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affect the competence of Member States totransparency requirements under this Regulation for the appointment procedures for public service media's heads of management and members of governing bodies do not require the disclosure of the candidates' identity. The requirements laid down in this Regulation do not affect the application of the State aid rules as applied on a case by case basis or the competence of Member States to define a broad and dynamic remit, organise and provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
2023/05/09
Committee: LIBE
Amendment 186 #

2022/0277(COD)

Proposal for a regulation
Recital 18
(18) Public service media established by the Member States play a particular role in the internal media market, by ensuring that citizens and businesses have access to universal and varied offers including quality information, and balanced and impartial media coverage, as part of their missionremit. However, public service media can be particularly exposed to the risk of interference, given their institutional proximity to the State and the public funding they receive. This risk may be exacerbated by uneven safeguards related to independent governance and balanced coverage by public service media across the Union. This situation may lead to biased or partial media coverage, distort competition in the internal media market and negatively affect access to independent and impartial media services. It is thus necessary, building on the international standards developed by the Council of Europe in this regard, tohat Member States put in place legal safeguards for the independent functioning of public service media across the Union. It is also necessary to guarantee that, without prejudice to the application of the Union’s State aid rules, public service media providers benefit from sufficient and stable funding to fulfil their missionremit that enables predictability in their planning. Preferably, sSuch funding should be decided and appropriated on a multi-year basis, in line with the public service missionremit of public service media providers, to avoid potential for undue influence from yearly budget negotiations. The requirements laid down in this Regulation do not affectbudget negotiations. The transparency requirements under this Regulation for the appointment procedures for public service media's heads of management and members of governing bodies do not require the disclosure of the candidates' identity. The requirements laid down in this Regulation do not affect the application of the State aid rules as applied on a case-by-case basis or the competence of Member States to define a broad and dynamic remit, organise and provide for the funding of public service media as enshrined in Protocol 29 on the system of public broadcasting in the Member States, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
2023/05/05
Committee: CULT
Amendment 189 #

2022/0277(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media service. Manufacturers of devices and providers of users interfaces controlling or menaging access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsability for the content or services is clearly visible alongside the content and the services offered. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media service provider bearing the editorial responsability for the content or services is clearly visible alongside the content and services offered.
2023/05/09
Committee: LIBE
Amendment 194 #

2022/0277(COD)

Proposal for a regulation
Recital 22
(22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union. Therefore, given the importance and the extensive nature of the new tasks conferred by this Regulation to these authorities, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the national regulatory authorities should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with independence from other public bodies. The national regulatory authorities should also have full autonomy and decision-making control in terms of management of internal structure, organization, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, national regulatory authorities should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the national regulatory authorities should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
2023/04/13
Committee: IMCO
Amendment 196 #

2022/0277(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
2023/04/13
Committee: IMCO
Amendment 197 #

2022/0277(COD)

Proposal for a regulation
Recital 22
(22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the UnionTherefore, given the importance and extensive nature of the new tasks conferred by this Regulation to these authorities, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficientely increased. In thise sense, Member states could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Morover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired uder clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human resources features, including salary and retribution, with indipendence from other public bodies. The NRA should also have full authonomy and decision-making control in terms of management of internal structure, organization, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures. NRAs should have allocated a separated annual budget. Member Staes should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have ane ex post control by and indipendent auditor, and should be made public.
2023/05/09
Committee: LIBE
Amendment 199 #

2022/0277(COD)

Proposal for a regulation
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and, on a case-by-case basis, external experts to attend its meetings. The Board, in consultation with the Commission, should have the possibility to designate permanent observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or to invite ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
2023/04/13
Committee: IMCO
Amendment 199 #

2022/0277(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) Recipients of media services shall have a right to easily identify the media service provider on any device or user interface controlling or managing access to and use of media services. 2. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered. Manufacturers of devices and providers of user interfaces controlling or managing access to and use of media services shall ensure that the identity of the media service provider bearing the editorial responsibility for the content or services is clearly visible alongside the content and services offered.
2023/05/05
Committee: CULT
Amendment 203 #

2022/0277(COD)

Proposal for a regulation
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement withits own initiative or upon the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively and independently fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat providbody of the Union having legal personality, an independent Bureau dedicated byto the Commission. The Commission secretariatBoard. The Bureau of the European Board for Media Services should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
2023/04/13
Committee: IMCO
Amendment 204 #

2022/0277(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an indipendent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has bee essential in promoting the consistent implementation of the Directive. The European Board for Media Services ('the Board) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasts as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
2023/05/09
Committee: LIBE
Amendment 207 #

2022/0277(COD)

Proposal for a regulation
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and, on case by case basis, external experts to attend its meetings. The Board, in consultation with the Commission, should have the possibility to designate permanent observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or to invite ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
2023/05/09
Committee: LIBE
Amendment 209 #

2022/0277(COD)

Proposal for a regulation
Recital 26
(26) To ensure theAware of these challenges, the European Regulators’ Group for Audiovisual Media Services adopted in 2020 a Memorandum of Understanding, a voluntary framework for cooperation to strengthen cross-border enforcement of media rules on audiovisual media services and video-sharing platforms. Building on this voluntary framework, in order to ensure the comprehensive and effective enforcement of Union media law, to prevent the possible circumvention of the applicable media rules by rogue media service providers and to avoid the raising of additional barriers in the internal market for media services, it is essential to provide for a clear, legally binding framework for national regulatory authorities or bodies to cooperate effectively and efficiently.
2023/04/13
Committee: IMCO
Amendment 210 #

2022/0277(COD)

Proposal for a regulation
Recital 27
(27) Due to the pan-European nature of video-sharing platforms, national regulatory authorities or bodies need to have a dedicated tool to protect viewers of video-sharing platform services from certain illegal and harmful content, including commercial communications. In particular, and without prejudice to the country-of-origin principle, a mechanism is needed to allow any relevant national regulatory authority or body to request its peers to take necessary and proportionate actions to ensure enforcement of obligations under this Article by video- sharing platform providers. In case the use of such mechanism does not lead to an amicable solution, the freedom to provide information society services from another Member State can only be restricted if the conditions set out in Article 3 of Directive 2000/31/EC of the European Parliament and of the Council53 are met and following the procedure set out therein. __________________ 53 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1-16).
2023/04/13
Committee: IMCO
Amendment 212 #

2022/0277(COD)

Proposal for a regulation
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement withits own initiative or upon the Commission or upon it's request in the cases envisaged by this Regulation. In order to effectively and indipendentely fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariatbody of the Union having legal personality, an indipendent Bureau dedicated to the Board. The Bureau of the European Board for Media Services should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
2023/05/09
Committee: LIBE
Amendment 215 #

2022/0277(COD)

Proposal for a regulation
Recital 22
(22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. National regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well-functioning market for media services, envisaged in Chapter III of this Regulation. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union. Therefore, given the importance and the extensive nature of the new tasks conferred by this Regulation to these authorities, directly or indirectly, it is of utmost importance to ensure that the financial, human and technical resources of the national regulatory authorities or bodies are adequately and sufficiently increased. In this sense, Member States could make use of national resources coming from the auctioning of the spectrum, the digital dividend or the introduction of a levy on regulated entities. Member States should also provide the Commission with all relevant information concerning the increase of financial, human and technical resources. Moreover, within the framework of the applicable public function, and budgetary regulations, the NRA should have full authority over the recruitment and management of the staff, who should be hired under clear and transparent rules. The capacity over the management of the staff should include autonomy to decide the required profile, qualification, expertise, and other human 4/34 \000000EN.doc EN resources features, including salary and retribution, with independence from other public bodies. The NRA should also have full autonomy and decision-making control in terms of management of internal structure, organization, and procedures for the effective performance of their duties and the effective exercise of their powers. Without prejudice to national budgetary rules and procedures, NRAs should have allocated a separated annual budget. Member states should ensure that national authorities are granted full autonomy in the spending of the allocated budget for the purpose of carrying out their duties. Any control on the budget of the NRAs should be exercised in a transparent manner. Annual accounts of regulatory Authorities should have an ex post control by an independent auditor, and should be made public.
2023/05/05
Committee: CULT
Amendment 216 #

2022/0277(COD)

Proposal for a regulation
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside of the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU), irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries State authorities over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of , including the safeguarding of national security and defence, public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence. In this regard, the cooperation between national regulatory authorities or bodies to face together possible threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line withe Union under Article 215 of the Treaty on the Functioning of the European Unmedia legislation.
2023/04/13
Committee: IMCO
Amendment 219 #

2022/0277(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted \000000EN.doc 5/34 EN amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
2023/05/05
Committee: CULT
Amendment 219 #

2022/0277(COD)

Proposal for a regulation
Recital 26
(26) To ensure theAware of these challenges the European Regulators' Group for Audiovisual Media Services adopted in 2020 a memorandum of Understanding, a voluntary framework for cooperation to strengthen cross-border enforcement of media rules on audiovisual media services and video-sharing platforms. Building on this voluntary framework, in order to ensure the comprehensive and effective enforcement of Union media law, to prevent the possible circumvention of the applicable media rules by rogue media service providers and to avoid the raising of additional barriers in the internal market for media services, it is essential to provide for a clear, legally binding framework for national regulatory authorities or bodies to cooperate effectively and efficiently.
2023/05/09
Committee: LIBE
Amendment 220 #

2022/0277(COD)

Proposal for a regulation
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
2023/04/13
Committee: IMCO
Amendment 221 #

2022/0277(COD)

Proposal for a regulation
Recital 27
(27) Due to the pan-European nature of video-sharing platforms, national regulatory authorities or bodies need to have a dedicated tool to protect viewers of video-sharing platform services from certain illegal and harmful content, including commercial communications. In particular, and without prejudice to the country-of-origin principle, a mechanism is needed to allow any relevant national regulatory authority or body to request its peers to take necessary and proportionate actions to ensure enforcement of obligations under this Article by video- sharing platform providers. In case the use of such mechanism does not lead to an amicable solution, the freedom to provide information society services from another Member State can only be restricted if the conditions set out in Article 3 of Directive 2000/31/EC of the European Parliament and of the Council53are met and following the procedure set out therein. _________________ 53 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1-16).
2023/05/09
Committee: LIBE
Amendment 223 #

2022/0277(COD)

Proposal for a regulation
Recital 30 b (new)
(30b) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State. The criteria should inter alia cover content, ownership, economic and financial connections, editorial independence or lack thereof from the third country state and should allow relevant authorities or bodies to identify, and if needed prevent, the entry into the EU market, of media service providers which present a serious and grave risk of prejudice to public security and defence, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offence.
2023/04/13
Committee: IMCO
Amendment 224 #

2022/0277(COD)

Proposal for a regulation
Recital 30 c (new)
(30c) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
2023/04/13
Committee: IMCO
Amendment 224 #

2022/0277(COD)

Proposal for a regulation
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and, on a case-by-case basis, external experts to attend its meetings. The Board, in consultation with the Commission, should have the possibility to designate permanent observers, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or to invite ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
2023/05/05
Committee: CULT
Amendment 229 #

2022/0277(COD)

Proposal for a regulation
Recital 29
(29) In order to ensure a level playing field in the provision of diverse audiovisual media services in the face of technological developments in the internal market, it is necessary to find common technical prescriptions for devices, including remote controls, controlling or managing access to and use of audiovisual media services or carrying digital signals conveying the audiovisual content from source to destination. In this context, it is important to avoid diverging technical standards creating barriers and additional costs for the industry and consumers while encouraging solutions to implement existing obligations concerning audiovisual media services.
2023/05/09
Committee: LIBE
Amendment 233 #

2022/0277(COD)

Proposal for a regulation
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rules implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement withits own initiative or upon the Commission or upon its request in the cases envisaged by this Regulation. In order to effectively and independently fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat providbody of the Union having legal personality, an independent Bureau dedicated byto the Commission. The Commission secretariatBoard. The Bureau of the European Board for Media Services should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
2023/05/05
Committee: CULT
Amendment 233 #

2022/0277(COD)

Proposal for a regulation
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside of the EU but under jurisdiction of the EU Member state through the Directive 2010/13/EU satellite criteria or established in the EU), irrispective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries State authorities over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of , including the safeguarding of national security and defence, public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence. In this regard, the cooperation between national regulatory authorities or bodies to face together possible threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line withe Union under Article 215 of the Treaty on the Functioning of the European Unmedia legislation.
2023/05/09
Committee: LIBE
Amendment 236 #

2022/0277(COD)

Proposal for a regulation
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the 'effet utile' of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
2023/05/09
Committee: LIBE
Amendment 238 #

2022/0277(COD)

Proposal for a regulation
Recital 30 b (new)
(30b) .As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is strictly necessary and therefore should be triggered following a request of a minimum number of Board members to be defined in the Board's Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
2023/05/09
Committee: LIBE
Amendment 241 #

2022/0277(COD)

Proposal for a regulation
Recital 26
(26) To ensure theAware of these challenges, the European Regulators’ Group for Audiovisual Media Services adopted in 2020 a Memorandum of Understanding, a voluntary framework for cooperation to strengthen cross-border enforcement of media rules on audiovisual media services and video-sharing platforms. Building on this voluntary framework, in order to ensure the comprehensive and effective enforcement of Union media law, to prevent the possible circumvention of the applicable media rules by rogue media service providers and to avoid the raising of additional barriers in the internal market for media services, it is essential to provide for a clear, legally binding framework for national regulatory authorities or bodies to cooperate effectively and efficiently.
2023/05/05
Committee: CULT
Amendment 241 #

2022/0277(COD)

Proposal for a regulation
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the services provided. Those criteria should be used by national regulatory authorities or bodies, when media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State. The criteria should inter alia cover content, ownership, economic and financial connections, editorial independence or lack thereof from the third country state and should allow relevant authorities or bodies to identify, and if needed prevent, the entry into the EU market, of media service providers which present a serious and grave risk of prejudice to public security and defence, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offence.
2023/05/09
Committee: LIBE
Amendment 244 #

2022/0277(COD)

Proposal for a regulation
Recital 27
(27) Due to the pan-European nature of video-sharing platforms, national regulatory authorities or bodies need to have a dedicated tool to protect viewers of video-sharing platform services from certain illegal and harmful content, including commercial communications. In particular, and without prejudice to the country-of-origin principle,a mechanism is needed to allow any relevant national regulatory authority or body to request its peers to take necessary and proportionate actions to ensure enforcement of obligations under this Article by video- sharing platform providers. In case the use of such mechanism does not lead to an amicable solution, the freedom to provide information society services from another Member State can only be restricted if the conditions set out in Article 3 of Directive 2000/31/EC of the European Parliament and of the Council53 are met and following the procedure set out therein. _________________ 53 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1-16).
2023/05/05
Committee: CULT
Amendment 246 #

2022/0277(COD)

Proposal for a regulation
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudice to their obligations underRegulation (EU) 2022/XXX[the Digital Services Ain accordance with Article 4(1) ofRegulation (EU) 2019/1150[the Digital Services Act] and grant the affected media service a right to reply to this statement of reasons prior to the suspention or restriction taking effect]. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX2065[the Digital Services Act]. _________________ 54 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. 57-79).
2023/05/09
Committee: LIBE
Amendment 259 #

2022/0277(COD)

Proposal for a regulation
Recital 29
(29) In order to ensure a level playing field in the provision of diverse audiovisual media services in the face of technological developments in the internal market, it is necessary to find common technical prescriptions for devices, including remote controls, controlling or managing access to and use of audiovisual media services or carrying digital signals conveying the audiovisual content from source to destination. In this context, it is important to avoid diverging technical standards creating barriers and additional costs for the industry and consumers while encouraging solutions to implement existing obligations concerning audiovisual media services.
2023/05/05
Committee: CULT
Amendment 259 #

2022/0277(COD)

Proposal for a regulation
Recital 37
(37) Recipients of audiovisual media services should be able to effectively choose the audiovisual content they want to watch according to their preferences. Their freedom in this area may however be constrained by commercial practices in the media sector, namely agreements for content prioritisation between manufacturers of devices or providers of user interfaces controlling or managing access to and use of audiovisual media services, such as connected televisions, and media service providers. Prioritisation can be implemented, for example, on the home screen of a device, through hardware or software shortcuts, applications and search areas, dedicated buttons on remote controls which have implications on the recipients’ viewing behaviour, who may be unduly incentivised to choose certain audiovisual media offers over others. Service recipients should have the possibility to change, in a simple and user- friendly manner, the default settings of a device or user interface controlling and managing access to, and use of, audiovisual media services, without prejudice to measures to ensure the appropriate prominence of audiovisual media services of general interest implementing Article 7a of Directive 2010/13/EC, taken in the pursuit of legitimate public policy considerations.
2023/05/09
Committee: LIBE
Amendment 261 #

2022/0277(COD)

Proposal for a regulation
Recital 37 a (new)
(37a) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or on- line platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services
2023/05/09
Committee: LIBE
Amendment 263 #

2022/0277(COD)

Proposal for a regulation
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside of the EU but under jurisidiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU), irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries State authorities over them, they may prejudice or pose risks of prejudice to public security and defence. In this regard, the coordination between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Additionally, it is necessary to coordinate the national measures that may be adopted to counter public security and defence threats by media services established outside of the Union and targeting audiences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of , including the safeguarding of national security and defence, public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence. In this regard, the cooperation between national regulatory authorities or bodies to face together possible threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line withe Union under Article 215 of the Treaty on the Functioning of the European Unmedia legislation.
2023/05/05
Committee: CULT
Amendment 267 #

2022/0277(COD)

Proposal for a regulation
Recital 30 a (new)
(30a) In the case of audiovisual media services providers under jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, in order to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, a mechanism of accelerated mutual cooperation and assistance, pursuant to an opinion of the Board, should also be available to guarantee the ‘effet utile’ of the relevant national measures, in compliance with Union law. Following the request of the authority or body from another Member State, the competent national authority or body could be invited by the opinion of the Board to undertake certain measures, where the threats mentioned above are proven and are prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union. In this regard, risks to public security and defence need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
2023/05/05
Committee: CULT
Amendment 271 #

2022/0277(COD)

Proposal for a regulation
Recital 30 b (new)
(30b) As any measures limiting the freedom of media and of speech can only be envisaged in highly exceptional and justified cases, the implication of the Board should be limited to what is stricly necessary and therefore should be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure. Once adopted, the opinions of the Board should be taken into utmost account by the national regulatory authorities or bodies concerned.
2023/05/05
Committee: CULT
Amendment 272 #

2022/0277(COD)

Proposal for a regulation
Recital 30 c (new)
(30c) In order to foster the coherence of decisions and facilitate the eventual cooperation between national regulatory authorities or bodies, the Board should develop a set of basic criteria on the service provider and the service provided. Those criteria should be used by national regulatory authorities or bodies, when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States, or when it is already under the jurisdiction of a Member State. The criteria should inter alia cover content, ownership, economic and financial connections, editorial independence or lack thereof from the third country state and should allow relevant authorities or bodies to identify, and if needed prevent, the entry into the EU market, of media service providers which present a serious and grave risk of prejudice to public security and defence, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offence.
2023/05/05
Committee: CULT
Amendment 279 #

2022/0277(COD)

Proposal for a regulation
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54. To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour tosubmit the statement of reasons prior to the restriction taking effect without prejudin accrodance with Article to their obligations under4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/XXX2065 [the Digital Services Act] and grant the affected media service a right to reply to thisstatement of reasons prior to the suspension orrestriction taking effect. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX2065[the Digital Services Act]. _________________ 54 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. 57-79).
2023/05/05
Committee: CULT
Amendment 290 #

2022/0277(COD)

(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of contentbuying, planning and selling of content and advertising inventory. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
2023/05/09
Committee: LIBE
Amendment 292 #

2022/0277(COD)

Proposal for a regulation
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice toIn addition, media service providers should obtain, free cost, data about the audiences of their content and services. The obligations imposed under this Regulation are without prejudice to audiences' right to protection of personal data as provided by article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/678 (General Data Protection Regulation) as well as any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX1925 [Digital Markets Act], including those concerning ranking or self- preferencing.
2023/05/09
Committee: LIBE
Amendment 298 #

2022/0277(COD)

Proposal for a regulation
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, cantogether with media service providers, their representative organizations and any other interested parties contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
2023/05/09
Committee: LIBE
Amendment 309 #

2022/0277(COD)

Proposal for a regulation
Recital 37
(37) Recipients of audiovisual media services should be able to effectively choose the audiovisual content they want to watch according to their preferences. Their freedom in this area may however be constrained by commercial practices in the media sector, namely agreements for content prioritisation between manufacturers of devices or providers of user interfaces controlling or managing access to and use of audiovisual media services, such as connected televisions, and media service providers. Prioritisation can be implemented, for example, on the home screen of a device, through hardware or software shortcuts, applications and search areas, dedicated buttons on remote controls which have implications on the recipients’ viewing behaviour, who may be unduly incentivised to choose certain audiovisual media offers over others. Service recipients should have the possibility to change, in a simple and user- friendly manner, the default settings of a device or user interface controlling and managing access to, and use of, audiovisual media services, without prejudice to measures to ensure the appropriate prominence of audiovisual media services of general interest implementing Article 7a of Directive 2010/13/EC, taken in the pursuit of legitimate public policy considerations.
2023/05/05
Committee: CULT
Amendment 314 #

2022/0277(COD)

Proposal for a regulation
Recital 37 a (new)
(37a) Recipients of media services increasingly face difficulties in identifying who bears the editorial responsibility for the content or services they consume, in particular when they access media services through connected devices or online platforms. Failure to clearly indicate editorial responsibility for media content or services (e.g., through incorrect attribution of logos, trademarks, or other characteristic traits) deprives recipients of media services of the possibility to understand and assess the information they receive, which is a prerequisite for forming well-informed opinions and consequently to actively participate in democracy. Recipients of media services should therefore be enabled to easily identify the media service provider bearing the editorial responsibility over any given media service on all devices and user interfaces controlling or managing access to and use of media services.
2023/05/05
Committee: CULT
Amendment 336 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media content and services for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
2023/05/09
Committee: LIBE
Amendment 348 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘serious crime’ means any of the following criminal offences listed in Article 2(2) of the Council Framework Decision 2002/584/JHA58: (a) terrorism, (b) trafficking in human beings, (c) sexual exploitation of children and child pornography, (d) illicit trafficking in weapons, munitions and explosives, (e) murder, grievous bodily injury, (f) illicit trade in human organs and tissues, (g) kidnapping, illegal restraint and hostage-taking, (h) organised or armed robbery, (i) rape, (j) crimes within the jurisdiction of the International Criminal Court. _________________ 58 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. 1-20).deleted
2023/05/09
Committee: LIBE
Amendment 368 #

2022/0277(COD)

Proposal for a regulation
Recital 45
(45) Audience measurement has a direct impact on the allocation and the prices of advertising, which represents a key revenue source for the media sector. It is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of contentbuying, planning and selling of content and advertising inventory. Accordingly, media market players, in particular media service providers and advertisers, should be able to rely on objective audience data stemming from transparent, unbiased and verifiable audience measurement solutions. However, certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. This could result in information asymmetries among media market players and in potential market distortions, to the detriment of equality of opportunities for media service providers in the market.
2023/05/05
Committee: CULT
Amendment 372 #

2022/0277(COD)

Proposal for a regulation
Recital 46
(46) In order to enhance the verifiability, comparability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period. The obligations imposed under this Regulation are without prejudice toIn addition, media service providers should obtain, free of cost, data about the audiences of their content and services. The obligations imposed under this Regulation are without prejudice to audiences’ right to protection of personal data as provided by Article 8 of the Charter of Fundamental Rights read in conjunction with Regulation 2016/679 (General Data Protection Regulation) as well as any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX1925 [Digital Markets Act], including those concerning ranking or self- preferencing.
2023/05/05
Committee: CULT
Amendment 379 #

2022/0277(COD)

Proposal for a regulation
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, cantogether with media service providers, their representative organisations and any other interested parties contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
2023/05/05
Committee: CULT
Amendment 387 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their new tasks under this Regulationconferred on them by this Regulation. The organisational and functional autonomy of the national regulatory authorities or bodies shall be guaranteed.
2023/04/13
Committee: IMCO
Amendment 387 #

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) detain, sanction, intercept, subject to surveillance or search and seizure, or inspect media service providers or, if applicable, their family members, their employees or their family members, or their corporate and private premises, on the ground that they refuse to disclose information on their sources, unless this is justified by an overriding requirement in the public interest, in accordance with Article 52(1) of the Charter and in compliance with other Union law;
2023/05/09
Committee: LIBE
Amendment 389 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3a. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
2023/04/13
Committee: IMCO
Amendment 395 #

2022/0277(COD)

Proposal for a regulation
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission, pursuant to Article 17 of the Treaty on European Union, or the national regulatory authorities or bodies in conformity with this Regulation.
2023/04/13
Committee: IMCO
Amendment 397 #

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) deploy spyware in any device or machine used by media service providers or, if applicable, their family members, or their employees for their family members, purpose of obteining information on the sources of media service providers or their employees unless (i) the deployment is justified, on a case-by-case basis, on grounds of national security and is in compliance with Article 52(1) of the Charter and other Union law or the deployment occurs in serious crimes investigations of one of the aforementioned persons, it is, provided for under national law and is in compliance with Article 52(1) of the Charter and other Union law, and measures adopted pursuant to sub-paragraph (b) would be inadequate and insufficient to obtain the information sought4, paragraph 2 of the TUE as well as with Article 52(1) of the Charter, and (ii) occurs in investigations of serious crimes.
2023/05/09
Committee: LIBE
Amendment 398 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
2023/04/13
Committee: IMCO
Amendment 401 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering Group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the Steering Group shall be elected by a two-thirds majority of ithe Board’s members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board’s Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group.
2023/04/13
Committee: IMCO
Amendment 405 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in allthe activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultseek the views of the Commission, in preparation of its work programme and main deliverables. The Board may seek the views of other interested parties.
2023/04/13
Committee: IMCO
Amendment 405 #

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person, Member States shall designate an independent authority or body to handle complaints lodged by media service providers or, if applicable, their family members, their employees or their family members, regarding breaches of paragraph 2, points (b) and (c). Media service providers shall have the right to request that authority or body to issue, within three months of the request, an opinion regarding compliance with paragraph 2, points (b) and (c).deleted
2023/05/09
Committee: LIBE
Amendment 413 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Board, ion agreement with the Commission case-by-case basis, may invite experts and observers to attend its meetings.
2023/04/13
Committee: IMCO
Amendment 413 #

2022/0277(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3a. Member States shall ensure that media service providers or, if applicable, their family members, or their employees have an effective remedy in the event of a breach of the rights conferred by this regulation
2023/05/09
Committee: LIBE
Amendment 415 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6 a (new)
6a. The Board, in consultation with the Commission, may designate permanent observers from amongst national regulatory authorities with competence in the media field, coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
2023/04/13
Committee: IMCO
Amendment 416 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreementconsultation with the Commission.
2023/04/13
Committee: IMCO
Amendment 421 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. PMember States shall ensure in their national legal fraework and conduct that public service media providers shall provide indipendetely and in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
2023/05/09
Committee: LIBE
Amendment 422 #

2022/0277(COD)

Proposal for a regulation
Article 11 – title
SecretariatBureau of the Board
2023/04/13
Committee: IMCO
Amendment 426 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent bureau.
2023/04/13
Committee: IMCO
Amendment 427 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 (new)
(1) The Bureau of the European Board for Media Services (‘Bureau’) is hereby established as a body with legal personality.
2023/04/13
Committee: IMCO
Amendment 429 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The main task of the secretariatBureau shall be to contribute to the execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU.
2023/04/13
Committee: IMCO
Amendment 431 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The secretariatBureau shall also provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board in carrying out its tasks.
2023/04/13
Committee: IMCO
Amendment 436 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) advise the Commission, on the Board’s own initiative or where requested by ithe Commission, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
2023/04/13
Committee: IMCO
Amendment 438 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resourcesremit and to meet the objectives therein. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
2023/05/09
Committee: LIBE
Amendment 444 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 450 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – point i
(i) requests for cooperation and(exchange of information and/or mutual assistance) between national regulatory authorities or bodies, in accordance with Article 13(7) of this Regulation;
2023/04/13
Committee: IMCO
Amendment 451 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 460 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting or otherwise processing data about the number and characteristics of users of media content and services for the purposes of decisions regarding advertising allocation or prices or the related planning, production or distribution of content;
2023/05/05
Committee: CULT
Amendment 464 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
2023/04/13
Committee: IMCO
Amendment 469 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. A national regulatory authority or body may request (‘requesting authority’) cooperation (exchange of information and/or mutual assistance) at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the purposes of exchange of information or taking measures relevant for the consistent and effective application of this Regulation or the national measures implementing Directive 2010/13/EU.
2023/04/13
Committee: IMCO
Amendment 470 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Requests for cooperation (exchange of information and/or or mutual assistance), including accelerated cooperation or mutual assistance, shall contain all the necessary information, including the purpose of and reasons for it, as specified in the Board’s Rules of procedure.
2023/04/13
Committee: IMCO
Amendment 471 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) the request was not duly justified and proportionate.
2023/04/13
Committee: IMCO
Amendment 473 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
2023/04/13
Committee: IMCO
Amendment 474 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Boards' rules of procedure from the receipt of that referral, the Board shall issue, in agreementconsultation with the Commission where deemed relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
2023/04/13
Committee: IMCO
Amendment 479 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Boards’ rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
2023/04/13
Committee: IMCO
Amendment 480 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action, pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
2023/04/13
Committee: IMCO
Amendment 481 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, but shall do so, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreementconsultation with the Commission, where deemed relevant, without undue delay.
2023/04/13
Committee: IMCO
Amendment 486 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum time period to be defined in the Board’s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
2023/04/13
Committee: IMCO
Amendment 490 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
2023/04/13
Committee: IMCO
Amendment 498 #

2022/0277(COD)

Proposal for a regulation
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating from outside the Union
2023/04/13
Committee: IMCO
Amendment 500 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Board shall coordinate measures byfacilitate the cooperation between national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the nature of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and de, including the safeguarding of national security and defence, or public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence.
2023/04/13
Committee: IMCO
Amendment 502 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
1a. Regarding media services provided by media service providers established outside of the Union, at the request of a minimum number of Board members to be defined in the Board’s Rules of procedure, the Board may issue an opinion on the coordination of measures.
2023/04/13
Committee: IMCO
Amendment 503 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 b (new)
1b. Without prejudice to the possibility of a direct request from the national regulatory authority or body of a country of destination to the competent national regulatory authority or body pursuant to art.13(2) of this Regulation, where an audiovisual media service provider originating from outside the Union falls under the territorial jurisdiction of an EU Member State according to Article 2 of Directive 2010/13/EU and without prejudice to the procedures foreseen under article 3 of this Directive, a national regulatory authority or body of a country of destination may request the Board to issue an opinion inviting the authorities or bodies of the competent Member State to take appropriate measures against the media service provider. The requests from the national regulatory authority or body of a country of destination to the competent the national regulatory authority or body which are addressed to the Board shall contain all the necessary information, including at least the original decision of the national regulatory authority or body of a country of destination accompanied by a translation to a commonly agreed language, as well as the necessary evidence underlying that decision such as recordings. The involvement of the Board shall be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure together with the relevant processes. When preparing its opinion, the Board shall confirm that the following conditions are met: (i) there is substantiated evidence that the audiovisual media service is prejudicing or presenting a serious and grave risk of prejudice to public security, including the safeguarding of national security and defence, public health or the content of the audiovisual media service provider manifestly, seriously and gravely infringes article 6(1) of Directive 2010/13/EU. (ii) the audiovisual media service is prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union.
2023/04/13
Committee: IMCO
Amendment 504 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 c (new)
1c. The coordination of measures and the opinions of the Board shall be without prejudice to the competence and responsibility of the Member States to assess the risks and threats to their public security and national defence, which may be posed by media services originating from outside the EU.
2023/04/13
Committee: IMCO
Amendment 506 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
2023/04/13
Committee: IMCO
Amendment 511 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
2023/04/13
Committee: IMCO
Amendment 514 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this Article.
2023/04/13
Committee: IMCO
Amendment 522 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. PMember States shall ensure in their national legal framework and conduct that public service media providers shall provide indipendently and in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service missionremit.
2023/05/05
Committee: CULT
Amendment 528 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their new tasks under this Regulationconferred on them by this Regulation. The organizational and functional autonomy of the national regulatory authorities or bodies shall be guaranteed.
2023/05/09
Committee: LIBE
Amendment 530 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States. Member States shall ensure that media service providers’ self-declarations can be easily verified. Member States shall also provide an effective and expeditious complaint and redress independent mechanism.
2023/04/13
Committee: IMCO
Amendment 532 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) it is included in publicly available registries, databases or lists kept by a public authority or by the self- or co- regulatory body in charge of monitoring the sector. In case such tools do not exist, the recipient must declare that it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co-regulatory mechanism, of which name and contact details shall be stated: in this latter case, the provider of the very large online platform or the provider of the very large search engine shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the adherence to the regulations and/or codes of practice by the declarant.
2023/04/13
Committee: IMCO
Amendment 535 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3a. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Member States shall send all relevant information to the Commission upon its request.
2023/05/09
Committee: LIBE
Amendment 536 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. A media service provider whose declaration to a provider of very large online platform or search engine pursuant to paragraph 1 has been rejected or invalidated pursuant to paragraph 1b, shall have the possibility to appeal against this decision. An external complaint mechanism shall be guaranteed in each Member State and handled by one or several independent authorities or bodies.
2023/04/13
Committee: IMCO
Amendment 537 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 b (new)
1b. In order to prevent the misuse of the declaration system, a very large online platform or search engines may invalidate the declaration of a media service provider. Such invalidation shall be executed if the media service provider has repeatedly violated the platform’s terms and conditions or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity about the invalidation of the declaration.
2023/04/13
Committee: IMCO
Amendment 539 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Member States shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. Those resourcesremit and to meet the objectives therein. Those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.
2023/05/05
Committee: CULT
Amendment 542 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspendithout prejudice to its obligations pursuant to Articles 34 and 35 of Regulation (EU) 2022/2065, where a provider of very large online platform or very large search engine decides to suspend or otherwise restrict the provision of its online intermediation services in relation to any content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effectit shall take all possible measures : (a) to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/2065, (b) to provide the media service provider with 24 hours to reply to the statement of reasons. The content shall not be suspended or otherwise restricted during the 24 hours period referred to in point (b), unless the content infringes national law of the country of origin and/or EU law.
2023/04/13
Committee: IMCO
Amendment 546 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict and or to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
2023/04/13
Committee: IMCO
Amendment 549 #

2022/0277(COD)

Proposal for a regulation
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission, pursuant to article 17 of the Treaty of the European Union, or the national regulatory authorities or bodies in conformity with this Regulation.
2023/05/09
Committee: LIBE
Amendment 556 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
2023/05/09
Committee: LIBE
Amendment 557 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. s have always the right to appeal to the court or to the competent National Authority, through the effective and expeditious complaint and redress independent mechanism provided for in paragraph 2. The media service provider may notify the outcome of such exchanges to the Board. Very large online platform shall notify to the Board the outcome of such dialogue and/or the outcome of such complaint and redress independent mechanism.
2023/04/13
Committee: IMCO
Amendment 557 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering Group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the Steering Group shall be elected by a two-thirds majority of ithe Board's members with voting rights. The term of office of the Chair shall be two years. of one year, renewable once. The Board's Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering group.
2023/05/09
Committee: LIBE
Amendment 564 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in allthe activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultseek the view of the Commission in preparation of its work programme and main deliverables. The Board may seek the views of other interested parties.
2023/05/09
Committee: LIBE
Amendment 571 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Board, on case by case basis, in agreement with the Commission, may invite experts and observers to attend its meetings.
2023/05/09
Committee: LIBE
Amendment 575 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission mayshall adopt an implementing act that issues guidelines to establish the form and details of the declaration set out in paragraph 1., including modalities of involvement of relevant civil society organisations in the review of the declarations, in consultation with the relevant independent authority or body of the country of establishment, where relevant, and address any potential abuse of the functionality
2023/04/13
Committee: IMCO
Amendment 577 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6 a (new)
6a. The board, in consultation with the Commission, may designate permanent observers from amongst national regulatory authorities with competence in the media field, coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
2023/05/09
Committee: LIBE
Amendment 583 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreementconsultation with the Commission.
2023/05/09
Committee: LIBE
Amendment 586 #

2022/0277(COD)

Proposal for a regulation
Article 11 – title
SecretariatBureau of the Board
2023/05/09
Committee: LIBE
Amendment 594 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an indipendent bureau.
2023/05/09
Committee: LIBE
Amendment 595 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a. The Bureau of the European Board for Media Services ('Bureau') is hereby established as a body with legal personality.
2023/05/09
Committee: LIBE
Amendment 598 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The main task of the secretariatBureau shall be to contribute to the execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU.
2023/05/09
Committee: LIBE
Amendment 599 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The secretariatBureau shall also provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board in carrying out its tasks.
2023/05/09
Committee: LIBE
Amendment 607 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) advise the Commission, on the Board's own initiative or where requested by ithe Commission, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
2023/05/09
Committee: LIBE
Amendment 620 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/05/09
Committee: LIBE
Amendment 625 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – point i
(i) requests for cooperation (exchange of information and/or and mutual assistance) between national regulatory authorities or bodies, in accordance with Article 13(7) of this Regulation;
2023/05/09
Committee: LIBE
Amendment 631 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
2023/05/09
Committee: LIBE
Amendment 653 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall ensure that the financial, human and technical resources of the national regulatory authorities or bodies havare adequate financial, human and technical resourcly and sufficiently sized and increased to allow the national regulatory authorities or bodies to carry out their new tasks under this Regulationconferred on them by this Regulation. The organisational and functional autonomy of the national regulatory authorities or bodies shall be guaranteed.
2023/05/05
Committee: CULT
Amendment 658 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 3 a (new)
3a. Within one year after the entry into application of this Regulation pursuant to Article 28(2), the Commission shall assess the implementation of this Article. To this end, Members States shall send all relevant information to the Commission upon its request.
2023/05/05
Committee: CULT
Amendment 660 #

2022/0277(COD)

(ma) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, officers, agencies and advisory groups, with competent authorities of third countries and with international organizations. Ti that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
2023/05/09
Committee: LIBE
Amendment 676 #

2022/0277(COD)

Proposal for a regulation
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission, pursuant to article 17 of the Treaty on European Union, or the national regulatory authorities or bodies in conformity with this Regulation.
2023/05/05
Committee: CULT
Amendment 676 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. A national regulatory authority or body may request (‘requesting authority’) cooperation (exchange of information and/or or mutual assistance) at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the purposes of exchange of information or taking measures relevant for the consistent and effective application of this Regulation or the national measures implementing Directive 2010/13/EU.
2023/05/09
Committee: LIBE
Amendment 679 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Requests for cooperation (exchange of information and/or mutual assistance), including accelerated cooperation or mutual assistance, shall contain all the necessary information, including the purpose of and reasons for it, as specified in the Board's Rules of procedure.
2023/05/09
Committee: LIBE
Amendment 682 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) the request was not duly justified and proportionate.
2023/05/09
Committee: LIBE
Amendment 684 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Board shall be composed of high-level representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU.
2023/05/05
Committee: CULT
Amendment 685 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar dayparties as well as the deadlines to be respected, shall be defined in the Board's rules of procedures.
2023/05/09
Committee: LIBE
Amendment 686 #

2022/0277(COD)

7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daya time period to be defined in the Board's rules of procedures from the receipt of that referral, the Board shall issue, in agreementconsultation with the Commission where deemed relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
2023/05/09
Committee: LIBE
Amendment 689 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. The Board shall be represented by its Chair. The Board shall elect a Chair from amongst its members. The Board shall also elect a Steering Group from amongst its members. The Steering Group shall consist of a Chair, a Vice-Chair and 3 other members, including the outgoing Chair. The Chair and the other members of the Steering Group shall be elected by a two-thirds majority of ithe Board’s members with voting rights. The term of office of the Chair shall be two yearsof one year, renewable once. The Board’s Rules of procedure shall specify the roles, the tasks and the procedures for the appointment of the members of the Steering Group.
2023/05/05
Committee: CULT
Amendment 693 #

2022/0277(COD)

2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maxumum time period to be defined in the Board's rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
2023/05/09
Committee: LIBE
Amendment 694 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action, pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
2023/05/09
Committee: LIBE
Amendment 697 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in allthe activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultseek the views of the Commission, in preparation of its work programme and main deliverables. The Board may seek the views of other interested parties.
2023/05/05
Committee: CULT
Amendment 697 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, but shall do so, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreementconsultation with the Commission, where deemed relevant, without undue delay.
2023/05/09
Committee: LIBE
Amendment 703 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum time period to be defined in the Board's rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
2023/05/09
Committee: LIBE
Amendment 710 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Board, ion agreement with the Commission case-by-case basis, may invite experts and observers to attend its meetings.
2023/05/05
Committee: CULT
Amendment 711 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
2023/05/09
Committee: LIBE
Amendment 715 #

2022/0277(COD)

Proposal for a regulation
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating from outside the Union
2023/05/09
Committee: LIBE
Amendment 718 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6 a (new)
6a. The Board, in consultation with the Commission, may designate permanent observers from amongst national regulatory authorities with competence in the media field, coming from non-EU countries which have entered into agreements with the Union to that effect. The observers shall not have voting rights.
2023/05/05
Committee: CULT
Amendment 720 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Board shall coordinate measures byfacilitate the cooperation between national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the nature of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and de, including the safeguarding of national security and defence, or public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence.
2023/05/09
Committee: LIBE
Amendment 725 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
1a. Regarding media services provided by media service providers established oitside of the Union, at the request of a minimum number of Board members to be defined in the Board's Rules of procedure, the Board may issue an opinion on the coordination of measures.
2023/05/09
Committee: LIBE
Amendment 726 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 b (new)
1b. Without prejudice to the possibility of a direct request from the national regulatory authority or body of a country of destination to the competent national regulatory authority or body pursuant to art. 13(2) of this Regulation, where an audiovisual media service provider originating from outside the Union falls under the territorial jurisdiction of an EU Member State according to Article 2 of Directive 2010/13/EU and without prejudice to the procedures foreseen under article 3 of this Directive, a national regulatory authority or body of a country of destination may request the Board to issue an opinion inviting the authorities or bodies of the competent Member State to take appropriate measures against the media service provider. The requests from the national regulatory authority or body of a country of destination to the competent national regulatory authority or body which are addressed to the Board shall contain all the necessary information, including at least the original decision of the national regulatory authority or body of a country of destination accompanied by a translation to a commonly agreed language, as well as the necessary evidence underlying that decision such as recordings. The involvement of the Board shall be triggered following a request of a minimum number of Board members to be defined in the Board's Rules of procedure together with the relevant processes. When preparing its opinion, the Board shall confirm that the following conditions are met: (i) there is substantiated evidence that the audiovisual media service is prejudicing or presenting a serious and grave risk of prejudice to public security, including the safeguarding of national security and defence, public health or the content of the audiovisual media service provider manifestly, seriously and gravely infringes article 6(1) of Directive 2010/13/EU. (ii) the audiovisual media service is prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union.
2023/05/09
Committee: LIBE
Amendment 727 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 c (new)
1c. The coordination of measures and opinions of the Board shall be without prejudice to the competence and responsibility of the Member States to assess the risks and threats to their public security and national defence; which may be posed by media services originating from outside the EU.
2023/05/09
Committee: LIBE
Amendment 729 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreementconsultation with the Commission.
2023/05/05
Committee: CULT
Amendment 731 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
2023/05/09
Committee: LIBE
Amendment 732 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over and audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
2023/05/09
Committee: LIBE
Amendment 733 #

2022/0277(COD)

Proposal for a regulation
Article 11 – title
SecretariatBureau of the Board
2023/05/05
Committee: CULT
Amendment 736 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) on opinion of the Board relating to that provider and taken on the grounds of this article
2023/05/09
Committee: LIBE
Amendment 742 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Board shall have a secretariat, which shall be provided by the Commissionbe supported by an independent bureau.
2023/05/05
Committee: CULT
Amendment 744 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 1 (new)
(1) The Bureau of the European Board for Media Services (‘Bureau’) is hereby established as a body with legal personality.
2023/05/05
Committee: CULT
Amendment 744 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
(ba) In order to prevent the misuse of the declaration system, a very large online platform or search engines may invalidate the declaration of a media service provider. Such invalidation shall be executed if the media service provider has repeatedly violated the platform's terms and conditions or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity about the invalidation of the declaration.
2023/05/09
Committee: LIBE
Amendment 746 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States. Member States shall ensure that media service providers self-declarations can be easily verified. Member States shall also provide an effective and expeditious complaint and redress independent mechanism.
2023/05/09
Committee: LIBE
Amendment 747 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) it is included in publicly available registries, databases or lists kept by a public authority or by the self- or co- regulatory body in charge of monitoring the sector. In case such tools do not exist, the recipient must declare that it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co-regulatory mechanism, of which name and contact details shall be stated: in this latter case, the provider of the very large online platform or the provider of the very large search engine shall ask the respective supervising or monitoring entity to confirm the information given by the declaration. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the adherence to the regulations and/or codes of practice by the declarant.
2023/05/09
Committee: LIBE
Amendment 748 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. A media service provider whose declaration to a provider of very large online platform or search engine pursuant to paragraph 1 has been rejected or invalidated pursuant to paragraph 1b, shall have the possibility to appeal against this decision. An external complaint mechanism shall be guaranteed in each Member State and handled by one or several independent authorities or bodies.
2023/05/09
Committee: LIBE
Amendment 752 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The main task of the secretariatBureau shall be to contribute to the execution of the tasks of the Board laid down in this Regulation and in Directive 2010/13/EU.
2023/05/05
Committee: CULT
Amendment 753 #

2022/0277(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The secretariatBureau shall also provide administrative and organisational support to the activities of the Board. The secretariat shall also assist the Board in carrying out its tasks.
2023/05/05
Committee: CULT
Amendment 757 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspendithout prejudice to its obligations pursuant to Articles 34 and 35 of Regulation (EU) 2022/2065, where a provider of very large online platform or a very large search engine decides to suspend or otherwise restrict the provision of its online intermediation services in relation to any content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act],it shall take all possible measures: a) to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect and Article 17(3) of 32/34\000000EN.doc EN Regulation (EU) 2022/2065; b) to provide the media service provider with 24 hours to reply to the statement of reasons. The content shall not be suspended or otherwise restricted during 24 hours period referred to in point (b), unless the content infringes national law of the country of origin and/or EU law.
2023/05/09
Committee: LIBE
Amendment 762 #

2022/0277(COD)

3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and/or Article 20 of Regulation (EU) 2022/2065 [Digital Services Act] by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and no later than 24 hours after submission of the complaint. If the very large online platform fails to adhere to this time limit, it shall reinstate the content or service and without undue delay.
2023/05/09
Committee: LIBE
Amendment 768 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Boardhave always the right to appeal to the court or to the competent National Authority, through the effective and expeditious complaint and redress independent mechanism provided for paragraph 2. The media service provider may notify the outcome of such exchanges to the Board. Very large online platform shall notify the Board the outcome of such dialogue and/or the outcome of such complaint and redress independent mechanism. If no amicable solution is found, the media service provider may lodge a complaint before a certified out- of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
2023/05/09
Committee: LIBE
Amendment 777 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) advise the Commission, on the Board’s own initiative or where requested by ithe Commission, on regulatory, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
2023/05/05
Committee: CULT
Amendment 780 #

2022/0277(COD)

(a) the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
2023/05/09
Committee: LIBE
Amendment 784 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission mayshall adopt an implementing act that issues guidelines to establish the form and details of the declaration set out in paragraph 1, including modalities of involvement of relevant civil society organizations in the review of the declarations, in consultation with the relevant independent authority or body of the country of establishment, where relevant, and address any potential abuse of the functionality.
2023/05/09
Committee: LIBE
Amendment 789 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/05/05
Committee: CULT
Amendment 797 #

2022/0277(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or user interface and remote control controlling or managing access to and use of audiovisual media services in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
2023/05/09
Committee: LIBE
Amendment 798 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – point i
(i) requests for cooperation and(exchange of information and/or mutual assistance) between national regulatory authorities or bodies, in accordance with Article 13(7) of this Regulation;
2023/05/05
Committee: CULT
Amendment 798 #

2022/0277(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. When placing the devices, remote controls and user interfaces referred to in paragraph 1 on the market, manufacturers and developers shall ensure that they include a functionality enabling users to freely and easily change the default settings controlling or managing access to and use of the audiovisual media services offered.
2023/05/09
Committee: LIBE
Amendment 804 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
2023/05/05
Committee: CULT
Amendment 846 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point m a (new)
(ma) In so far as necessary in order to achieve the objectives set out in this Regulation and carry out its tasks, and without prejudice to the competences of the Member States and the institutions of the Union, the Board, in consultation with the Commission, may cooperate with competent Union bodies, offices, agencies and advisory groups, with competent authorities of third countries and with international organisations. To that end, the Board may, subject to prior approval by the Commission, establish working arrangements.
2023/05/05
Committee: CULT
Amendment 864 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. A national regulatory authority or body may request (‘requesting authority’) cooperation (exchange of information and/or mutual assistance) at any time from one or more national regulatory authorities or bodies (‘requested authorities’) for the purposes of exchange of information or taking measures relevant for the consistent and effective application of this Regulation or the national measures implementing Directive 2010/13/EU.
2023/05/05
Committee: CULT
Amendment 868 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
2023/05/09
Committee: LIBE
Amendment 869 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Requests for cooperation (exchange of information and/or or mutual assistance), including accelerated cooperation or mutual assistance, shall contain all the necessary information, including the purpose of and reasons for it, as specified in the Board’s Rules of procedure.
2023/05/05
Committee: CULT
Amendment 870 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ businesstrade secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. They shall provide free of charge to each media service provider the audience measurements relating to its content and services. This provision shall not affect the Union’s data protection and privacy rules.
2023/05/09
Committee: LIBE
Amendment 874 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) the request was not duly justified and proportionate.
2023/05/05
Committee: CULT
Amendment 874 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations and any other interested parties shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
2023/05/09
Committee: LIBE
Amendment 879 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article, considering national codes of conduct.
2023/05/09
Committee: LIBE
Amendment 880 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. The requested authority shall do its utmost to address and reply to the request without undue delay. The requested authority shall provide intermediary results within the period of 14 calendar days from the receipt of the request, with subsequent regular updates on the progress of execuFurther details on the procedure of the structured cooperation, including the rights and obligations of the request. In case of requests for accelerated cooperation or mutual assistance, the requested authority shall address and reply to the request within 14 calendar daysparties as well as the deadlines to be respected, shall be defined in the Board’s rules of procedure.
2023/05/05
Committee: CULT
Amendment 884 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement system, media service providers and other interested parties.
2023/05/09
Committee: LIBE
Amendment 886 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar daysa time period to be defined in the Boards' rules of procedure from the receipt of that referral, the Board shall issue, in agreementconsultation with the Commission where deemed relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
2023/05/05
Committee: CULT
Amendment 896 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The requested national authority or body shall, without undue delay and within 30 calendar daysa maximum time period to be defined in the Boards’ rules of procedure, inform the requesting national authority or body about the actions taken or planned pursuant to paragraph 1, or justify the reasons for which action was not taken.
2023/05/05
Committee: CULT
Amendment 901 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. In the event of a disagreement between the requesting national authority or body and the requested authority or body regarding actions taken or planned, or a refusal to take action, pursuant to paragraph 1, either authority or body may refer the matter to the Board for mediation in view of finding an amicable solution.
2023/05/05
Committee: CULT
Amendment 903 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, but shall do so, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreementconsultation with the Commission, where deemed relevant, without undue delay.
2023/05/05
Committee: CULT
Amendment 912 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The requested national authority or body shall, without undue delay and within 30 calendar days at the latesta maximum time period to be defined in the Board’s rules of procedure from the receipt of the opinion referred to in paragraph 4, inform the Board, the Commission and the requesting authority or body of the actions taken or planned in relation to the opinion.
2023/05/05
Committee: CULT
Amendment 926 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The Commission, assisted by the Board, may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
2023/05/05
Committee: CULT
Amendment 937 #

2022/0277(COD)

Proposal for a regulation
Article 16 – title
Coordination of measures concerning media service providers establishedoriginating from outside the Union
2023/05/05
Committee: CULT
Amendment 940 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Board shall coordinate measures byfacilitate the cooperation between national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers establishedoriginating from outside the Union that target, irrespective of the means of distribution or access, target or reach audiences in the Union where, inter alia in view of the nature of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and de, including the safeguarding of national security and defence, or public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence.
2023/05/05
Committee: CULT
Amendment 946 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
1a. Regarding media services provided by media service providers established outside of the Union, at the request of a minimum number of Board members to be defined in the Board’s Rules of procedure, the Board may issue an opinion on the coordination of measures.
2023/05/05
Committee: CULT
Amendment 948 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 b (new)
1b. Without prejudice to the possibility of a direct request from the national regulatory authority or body of a country of destination to the competent national regulatory authority or body pursuant to art.13(2) of this Regulation, where an audiovisual media service provider originating from outside the Union falls under the territorial jurisdiction of an EU Member State according to Article 2 of Directive 2010/13/EU and without prejudice to the procedures foreseen under article 3 of this Directive, a national regulatory authority or body of a country of destination may request the Board to issue an opinion inviting the authorities or bodies of the competent Member State to take appropriate measures against the media service provider. The requests from the national regulatory authority or body of a country of destination to the competent the national regulatory authority or body which are adressed to the Board shall contain all the necessary information, including at least the original decision of the national regulatory authority or body of a country of destination accompanied by a translation to a commonly agreed language, as well as the necessary evidence underlying that decision such as recordings. The involvement of the Board shall be triggered following a request of a minimum number of Board members to be defined in the Board’s Rules of procedure together with the relevant processes. When preparing its opinion, the Board shall confirm that the following conditions are met: (i) there is substantiated evidence that the audiovisual media service is prejudicing or presenting a serious and grave risk of prejudice to public security, including the safeguarding of national security and defence, public health or the content of the audiovisual media service provider manifestly, seriously and gravely infringes article 6(1) of Directive 2010/13/EU. (ii) the audiovisual media service is prejudicing or presenting a serious and grave risk of prejudice for several Member States or the Union.
2023/05/05
Committee: CULT
Amendment 950 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1 c (new)
1c. The coordination of measures and the opinions of the Board shall be without prejudice to the competence and responsibility of the Member States to assess the risks and threats to their public security and national defence, which may be posed by media services originating from outside the EU.
2023/05/05
Committee: CULT
Amendment 954 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Board, in agreement with the Commission, may issue opinions on appropriate national measures under paragraph 1. All competent national authorities, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board issued according to paragraph 1a and 1b. The competent authority or body shall provide reasons for any refusal to undertake the recommended actions.
2023/05/05
Committee: CULT
Amendment 960 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. When taking a decision regarding the jurisdiction (inter alia through licensing or registration) over an audiovisual media service provider originating from outside of the Union, the competent regulatory authority or body shall, without prejudice to the national legislation, do its utmost to take into account a set of basic principle-based criteria concerning the service and the service provider to be developed by the Board.
2023/05/05
Committee: CULT
Amendment 963 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 b (new)
2b. Member States shall ensure that, when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have the legal basis to take into account: (i) a decision taken against that provider by a national regulatory authority or body from another Member State, and/or (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
2023/05/05
Committee: CULT
Amendment 985 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
(ba) In order to prevent the misuse of the declaration system, a very large online platform or search engines may invalidate the declaration of a media service provider. Such invalidation shall be executed if the media service provider has repeatedly violated the platform’s terms and conditions or if its content has been frequently suspended or restricted on the basis of a breach of the terms and conditions following the procedure referred to in paragraph 2 of this Article. The provider of a very large online platform or search engine shall inform the supervising or regulatory entity about the invalidation of the declaration.
2023/05/05
Committee: CULT
Amendment 989 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) it is subject to regulatory requirements for the exercise of editorial responsibility in one or more Member States, or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards, widely recognised and accepted in the relevant media sector in one or more Member States. Member States shall ensure that media service providers self-declarations can be easily verified. Member States shall also provide an effective and expeditious complaint and redress independent mechanism.
2023/05/05
Committee: CULT
Amendment 992 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) it is included in publicly available registries, databases or lists kept by a public authority or by the self- or co- regulatory body in charge of monitoring the sector. In case such tools do not exist, the recipient must declare that it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co-regulatory mechanism, of which name and contact details shall be stated: in this latter case, the provider of the very large online platform or the provider of the very large search engine shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the adherence to the regulations and/or codes of practice by the declarant.
2023/05/05
Committee: CULT
Amendment 998 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. A media service provider whose declaration to a provider of very large online platform or search engine pursuant to paragraph 1 has been rejected or invalidated pursuant to paragraph 1b, shall have the possibility to appeal against this decision. An external complaint mechanism shall be guaranteed in each Member State and handled by one or several independent authorities or bodies.
2023/05/05
Committee: CULT
Amendment 1009 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to suspendithout prejudice to its obligations pursuant to Articles 34 and 35 of Regulation (EU) 2022/2065, where a provider of very large online platform or very large search engine decides to suspend or otherwise restrict the provision of its online intermediation services in relation to any content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effectit shall take all possible measures : a) to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of 32/34 \000000EN.doc EN Regulation (EU) 2022/2065, b) to provide the media service provider with 24 hours to reply to the statement of reasons. The content shall not be suspended or otherwise restricted during the 24 hours period referred to in point (b), unless the content infringes national law of the country of origin and/or EU law.
2023/05/05
Committee: CULT
Amendment 1014 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict and or to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effect.
2023/05/05
Committee: CULT
Amendment 1018 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under Article 11 of Regulation (EU) 2019/1150 and/or Article 20 of Regulation (EU) 2022/2065 [Digital Services Act] by media service providers that submitted a declaration pursuant to paragraph 1 of this Article are processed and decided upon with priority and and no later than 24 hours after submission of the complaint. If the very large online platform fails to adhere to this time limit, it shall reinstate the content or service without undue delay.
2023/05/05
Committee: CULT
Amendment 1027 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Boards have always the right to appeal to the court or to the competent National Authority, through the effective and expeditious complaint and redress independent mechanism provided for in paragraph 2. The media service provider may notify the outcome of such exchanges to the Board. Very large online platform shall notify to the Board the outcome of such dialogue and/or the outcome of such complaint and redress independent mechanism. If no amicable solution is found, the media service provider may lodge a complaint before a certified out- of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
2023/05/05
Committee: CULT
Amendment 1047 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
2023/05/05
Committee: CULT
Amendment 1061 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. With a view to facilitating the consistent and effective implementation of this Article, the Commission mayshall adopt an implementing act that issues guidelines to establish the form and details of the declaration set out in paragraph 1., including modalities of involvement of relevant civil society organisations in the review of the declarations, in consultation with the relevant independent authority or body of the country of establishment, where relevant, and address any potential abuse of the functionality
2023/05/05
Committee: CULT
Amendment 1086 #

2022/0277(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Users shall have a right to easily change the default settings of any device or, user interface and remote control controlling or managing access to and use of audiovisual media services in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. This provision shall not affect national measures implementing Article 7a of Directive 2010/13/EU.
2023/05/05
Committee: CULT
Amendment 1092 #

2022/0277(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. When placing the devices, remote controls and user interfaces referred to in paragraph 1 on the market, manufacturers and developers shall ensure that they include a functionality enabling users to freely and easily change the default settings controlling or managing access to and use of the audiovisual media services offered.
2023/05/05
Committee: CULT
Amendment 1230 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability.
2023/05/05
Committee: CULT
Amendment 1238 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Without prejudice to the protection of undertakings’ businesstrade secrets, providers of proprietary audience measurement systems shall provide, without undue delay and free of costs, to media service providers and advertisers, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used by their audience measurement systems. They shall provide free of charge to each media service provider the audience measurements relating to its content and services. This provision shall not affect the Union’s data protection and privacy rules.
2023/05/05
Committee: CULT
Amendment 1249 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, together with media service providers, their representative organisations and any other interested partProviders, their representative organisations and any other interested parties shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
2023/05/05
Committee: CULT
Amendment 1255 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission, assisted by the Board, may issue guidelines on the practical application of paragraphs 1, 2 and 3 of this Article, considering national codes of conduct.
2023/05/05
Committee: CULT
Amendment 1259 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. The Board shall foster the exchange of best practices related to the deployment of audience measurement systems through a regular dialogue between representatives of the national regulatory authorities or bodies, representatives of providers of audience measurement systems, media service providers and other interested parties.
2023/05/05
Committee: CULT
Amendment 289 #

2022/0155(COD)

Proposal for a regulation
Recital 2
(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services. Considering the importance of the right to privacy, including the protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted in a way that would enable future broad based mass surveillance.
2023/07/28
Committee: LIBE
Amendment 323 #

2022/0155(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) In order to protect children, this Regulation should take into account the concerning hypersexualized use of children's images in adverstising campaigns and the increasing spread of cultural pseudo-pedophilia also fuelled by fundraising campaigns.
2023/07/28
Committee: LIBE
Amendment 335 #

2022/0155(COD)

Proposal for a regulation
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and, parental control tools and functionalities enabling self-reporting by children, their parents or legal guardians, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation.
2023/07/28
Committee: LIBE
Amendment 386 #

2022/0155(COD)

Proposal for a regulation
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrenNothing in this Regulation should therefore be interpreted as prohibiting end-to-end encryption or making it impossible or leading to any form of general monitoring. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users. Under no circumstances should this Regulation be interpreted or used as an instrument of mass surveillance and monitoring.
2023/07/28
Committee: LIBE
Amendment 404 #

2022/0155(COD)

Proposal for a regulation
Recital 28
(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliable, as well as to identify false positivesdo not produce too many false positives identifying the reasons for their appearance, and avoid to the extent erroneous reporting to the EU Centre, providers should ensure stringent human oversight and, where necessary and required to uphold the highest possible standards, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular and independent assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.
2023/07/28
Committee: LIBE
Amendment 411 #

2022/0155(COD)

Proposal for a regulation
Recital 29
(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that they may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiativThe providers can obtain such actual knowledge or awareness, inter alia, through its own initiative investigations, as well as through information flagged or notified by users, self-reported by victims or organizations, such as hotlines, acting in the public interest against child sexual abuse. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them so that competent law enforcement authorities can focus on reports that are most likely to lead to recovery of a child, the arrest of an offender, or both.
2023/07/28
Committee: LIBE
Amendment 413 #

2022/0155(COD)

(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection,. Any removal or disabling of access should respect the fundamental rights of the users of the service, including the right to freedom of expression and of information. Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.
2023/07/28
Committee: LIBE
Amendment 497 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
This Regulation lays down uniform rules to prevent and address the misuse of relevant information society services for online child sexual abuse in the internal market.
2023/07/28
Committee: LIBE
Amendment 516 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
(da) obligations on providers of online search engines to delist websites which were determined to host child sexual abuse material;
2023/07/28
Committee: LIBE
Amendment 523 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
(ba) Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online;
2023/07/28
Committee: LIBE
Amendment 528 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point d a (new)
(da) Directive (EU) 2022/2555 of the European Parliament and the Council of 14 December 2022 on measures for high common level of cybercecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972 and repealing Directive (EU) 2016/1148 (NIS 2 Directive);
2023/07/28
Committee: LIBE
Amendment 531 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3a. This regulation shall not have the effect of modifying the obligation to respect the rights, freedom and principles referred to in Article 6 TEU and shall apply without prejudice to fundamental principles relating to the right to private life and family life and to freedom of expression and information;
2023/07/28
Committee: LIBE
Amendment 535 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 3 b (new)
3b. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption.
2023/07/28
Committee: LIBE
Amendment 575 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 17 years;deleted
2023/07/28
Committee: LIBE
Amendment 576 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 17 years;deleted
2023/07/28
Committee: LIBE
Amendment 606 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
(wa) "online search engine" means an intermediary service as defined in Article 3, point (j), of Regulation (EU) 2022/2065;
2023/07/28
Committee: LIBE
Amendment 607 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w b (new)
(wb) 'hotline' means an organization recognized by its Member State of establishment, which provides either a reporting channel provided by law enforcement authorities, or service for receiving anonymous complaints from victims and the public about alleged child sexual abuse online.
2023/07/28
Committee: LIBE
Amendment 631 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1 a (new)
- the availability to employ appropriate technical measures - such as parental control tools - to prevent underage access and exposure to inappropriate content or services;
2023/07/28
Committee: LIBE
Amendment 643 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4
– functionalities enabling users to flag or notify online child sexual abuse to the provider through tools that are easily accessible and age-appropriate, including already available anonymous reporting channels as provided by Directive (EU) 2019/1937;
2023/07/28
Committee: LIBE
Amendment 652 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
- funcionalities enabling self- reporting by children, their parents or legal guardians.
2023/07/28
Committee: LIBE
Amendment 740 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
(aa) adapting the design, features and functions of their service in order to ensure the highest level of privacy, safety and security by design and by default, in particular, to protect children;
2023/07/28
Committee: LIBE
Amendment 746 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
(ab) emplying appropriate age measurments - such as parental control tools, to prevent underage access and exposure to inappropriate content or services;
2023/07/28
Committee: LIBE
Amendment 766 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
(ca) enabling users to flag or notify online child sexual abuse to the provider through tools that are easily accessible and age-appropriate, including already anonymous reporting channels;
2023/07/28
Committee: LIBE
Amendment 771 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c b (new)
(cb) enabling safe self-reporting capabilities for children, their parents or legal guardians.
2023/07/28
Committee: LIBE
Amendment 860 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;exploting children or where the developer of the software application has informed the software application store that its terms of use do not allow child users, the software application has an appropriate age rating model in place, or the developer of the software application has requested the software application store not to allow child users to download its software applications.
2023/07/28
Committee: LIBE
Amendment 905 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 2 a (new)
2a. The grounds for issuing the order shall outweight the negative consequences for the rights and legitimate iterests of all the parties concerned, having regard in particular to the need to endure a fair balance between the fundamental rights of those parties. The order shall be a measure of last resort and shall be issued on the basis of a case-by-case analysis.
2023/07/28
Committee: LIBE
Amendment 1160 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
(da) not able to weaken end-to end encryption and to lead to a general monitoring of private comunications.
2023/07/28
Committee: LIBE
Amendment 1188 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point f a (new)
(fa) ensure privacy without hampering the integrity of encryption and without leading to a general monitoring of private communications.
2023/07/28
Committee: LIBE
Amendment 1230 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate, child-friendly and user-friendly mechanism, including self-reporting tools, that allows users to flag or notify to the provider potential online child sexual abuse on the services. Those mechanisms shall allow for anonymous reporting already available through anonymous reporting channels as defined by Directive (EU) 2019/1937.
2023/07/28
Committee: LIBE
Amendment 1259 #

2022/0155(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point g a (new)
(ga) whether the provider considers that the report involves and imminent threat to the life or safety of a child or requires urgent action;
2023/07/28
Committee: LIBE
Amendment 1395 #

2022/0155(COD)

Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Where Member States shall, by the date referred to in paragraph 1, designatedesignate more than one competent authority, it shall appoint one of those competent authorities as their Coordinating Authority for child sexual abuse issues (‘Coordinating Authority’). Where they designate only one competent authority, that competent authority shall be the Coordinating Authority.
2023/07/28
Committee: LIBE
Amendment 1423 #

2022/0155(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point c
(c) are free from any undue external influence, whether direct or indirect in line with their national legislation;
2023/07/28
Committee: LIBE
Amendment 1743 #

2022/0155(COD)

Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1
Europol and the EU Centre shall provide each other with the fullest possible access to relevant information and information systems, where necessary for the performance of their respective tasks and in accordance with the acts of Union law regulating such access. Any access to personal data processed in Europol's information systems, where deemed stricly necessary for the performance of the EU Centre's tasks, shall be granted only case- by-case basis, upon submission of an explicit request, which indicates the specific purpose and justification. Europol shall be required to diligentely assess those requests and only transmit personal data to the EU Centre where strictly necessary and proprotionate to the required purpose.
2023/07/28
Committee: LIBE
Amendment 54 #

2022/0132(COD)

Proposal for a regulation
Recital 2 a (new)
(2 a) The initiative can ensure not only the reduction of financial burdens and the simplification of the visa procedure for interested parties, but also can have a significant impact on improving the security of the Schengen area and is part of the entire process of legislative changes in the area of EU border management (interoperability).
2022/11/25
Committee: LIBE
Amendment 57 #

2022/0132(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) A common digital platform will significantly contribute to improving the image of the EU and the Member States ensuring a coherent visa policy and will significantly reduce the number of visa procedures resulting from the loss or exchange of a travel document.
2022/11/25
Committee: LIBE
Amendment 60 #

2022/0132(COD)

Proposal for a regulation
Recital 7
(7) The EU online application platform should provide the applicant with up-to- date information on Schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. The EU application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required. The efficiency of each consulate in terms of the number of applications received shall be taken into account in order to ensure the capacity to complete the procedure.
2022/11/25
Committee: LIBE
Amendment 85 #

2022/0132(COD)

Proposal for a regulation
Recital 22 a (new)
(22 a) Compared to the current paper visa sticker, the digital visa will significantly reduce the security risk by preventing theft or misuse.
2022/11/25
Committee: LIBE
Amendment 96 #

2022/0132(COD)

(a a) third-country nationals with low literacy and low digital literacy; third-country nationals from countries with low internet penetration; third-country nationals from countries with low penetration of online payment services; third-country nationals from countries with high presence of illegal intermediaries;
2022/11/25
Committee: LIBE
Amendment 102 #

2022/0132(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Regulation (EC) No 810/2009
Article 9 – paragraph 4 – point d
(d) by another person when it is lodged via the EU application pl regulated operatform.;
2022/11/25
Committee: LIBE
Amendment 103 #

2022/0132(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b
Regulation (EC) No 810/2009
Article 9 – pargraph 4 – point da (new)
(d a) by another person with a power of attorney or an authorization to act on behalf of the applicant when the application is lodged via the EU application platform.
2022/11/25
Committee: LIBE
Amendment 106 #

2022/0132(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation EC 810/2009
Article 10 – paragraph 1a
1a. Member States may, in justified and individual cases, require that the applicant presents a travel document and/or provides supporting documents. This shall be possible in exceptional cases and in cases where there is a high incidence of fraudulent documents in a particular location. Law enforcement authorities shall be provided with the necessary information in cases of possible criminal activity by human traffickers, smugglers and those seeking to abuse the procedure.
2022/11/25
Committee: LIBE
Amendment 111 #

2022/0132(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Regulation (EC) No 810/2009
Article 11– paragraph 1ca (new)
1c a. If the official language(s) of the host country is/are not integrated into the form, a translation into that/those language(s) shall be made available separately to the applicants. If the translation is not possible, the applicants shall be authorized to lodge the application form via regulated operators.
2022/11/25
Committee: LIBE
Amendment 112 #

2022/0132(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point c
Regulation (EC) No 810/2009
Article 11 paragraph 1cb (new)
1c b. A translation of the application form into the official language(s) of the host country shall be produced under local Schengen cooperation provided for in Article 48. The consulate shall inform applicants of the language(s) which may be used when filling in the application form. When a translation of the application is not possible, the applicants shall be authorized to submit the application form via regulated operators.
2022/11/25
Committee: LIBE
Amendment 182 #

2022/0132(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3
Regulation EC 767/2008
Article 7e – paragraph 3a (new)
3 a. In relation to the temporary storage data eu-LISA shall be considered the competent authority and as controller in accordance with Article 4, point (7) of Regulation (EU) 2016/679 and shall have central responsibility for the processing of data.
2022/11/25
Committee: LIBE
Amendment 17 #

2022/0118(COD)

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

2022/0118(COD)

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

2022/0118(COD)

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

2022/0118(COD)

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

2022/0118(COD)

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

2022/0118(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 508/2014
Article 44 – paragraph 4a
4a. The EMFF may support measures for temporary cessation of fishing activities caused by the COVID-19 outbreak or by the military aggression of Russia against Ukraine that jeopardises the security of fishing activities and in the event that the consequences have an economic impact that does not allow the normal performance of fisheries activities for the operators and the entire supply chain, as provided for in point (d) of Article 33(1), under the conditions laid down in Article 33.
2022/06/16
Committee: PECH
Amendment 109 #

2022/0047(COD)

Proposal for a regulation
Recital 5
(5) This Regulation ensures that users of a product or related service in the Union can access, in a timely manner, the data generated by the use of that product or related service and that those users can use the data, including by sharing them with third parties of their choice. It imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. It also ensures that data holders make data available to data recipients in the Union under fair, reasonable and non-discriminatory terms and in a transparent manner. Private law rules are key in the overall framework of data sharing. Therefore, this Regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro, small or medium-sized enterprises within the meaning of Recommendation 2003/361/EC. This Regulation also ensures that data holders make available to public sector bodies of the Member States and to Union institutions, agencies or bodies, where there is an exceptional need in the context of a public emergency, the data that are necessary for the performance of tasks carried out in the public interest. In addition, this Regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the Union. This Regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold, have access to or process data, or as conferring any new right on the data holder to use data generated by the use of a product or related service. Instead, it takes as its starting point the control that the data holder effectively enjoys, de facto or de jure, over data generated by products or related services.
2022/11/17
Committee: LIBE
Amendment 120 #

2022/0047(COD)

Proposal for a regulation
Recital 13
(13) This Regulation is without prejudice to the competences of the Member States regarding activities concerning public security, defence and national security in accordance with Union law, and activities from customs on risk management and in general, verification of compliance with the Customs Code by economic operators.deleted
2022/11/17
Committee: LIBE
Amendment 140 #

2022/0047(COD)

Proposal for a regulation
Recital 28
(28) The user should be free to use the data for any lawful purpose. This includes providing the data the user has received exercising the right under this Regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. The data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data. This Regulation should be interpreted in a manner that preserves the protection awarded to trade secrets under EU and national legislation. For this reason, data holders should be able to require the user or third parties of the users' choice to preserve the secrecy of data considered as trade secrets, including through technical means. However, data holders should not be able to refuse a data access request under this Regulation on the grounds that certain data is considered to be a trade secret as this would contradict the main objective of this Regulation. It is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product.
2022/11/17
Committee: LIBE
Amendment 142 #

2022/0047(COD)

Proposal for a regulation
Recital 28
(28) The user should be free to use the data for any lawful purpose. This includes providing the data the user has received exercising the right under this Regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder, or to instruct the data holder to do so. The data holder should ensure that the data made available to the third party is as accurate, complete, reliable, relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. Any trade secrets or intellectual property rights should be respected in handling the data and where relevant protected by contractual instruments. It is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. The aim of this Regulation should accordingly be understood as to foster the development of new, innovative products or related services, stimulate innovation on aftermarkets, but also stimulate the development of entirely novel services making use of the data, including based on data from a variety of products or related services. At the same time, it aims to avoid undermining the investment incentives for the type of product from which the data are obtained, for instance, by the use of data to develop a competing product.
2022/11/17
Committee: LIBE
Amendment 165 #

2022/0047(COD)

Proposal for a regulation
Recital 56
(56) In situations of exceptional need, it may be necessary for public sector bodies or Union institutions, agencies or bodies to use data held by an enterprise to respond to public emergencies or in other exceptional cases. Research-performing organisations and research-funding organisations could also be organised as public sector bodies or bodies governed by public law. To limit the burden on businesses, micro and small enterprises should be exempted from the obligation to provide public sector bodies and Union institutions, agencies or bodies data in situations of exceptional need.
2022/11/17
Committee: LIBE
Amendment 169 #

2022/0047(COD)

Proposal for a regulation
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations and should be guided by the definition of public emergency in this Regulation.
2022/11/17
Committee: LIBE
Amendment 170 #

2022/0047(COD)

Proposal for a regulation
Recital 57 a (new)
(57 a) There is in principle no limit to the source and number of public sector requests to data holders. Each Member State as well as the EU should therefore set up a single point of contact for public sector requests. These should help avoid poor quality requests, communication errors and administrative overload.
2022/11/17
Committee: LIBE
Amendment 171 #

2022/0047(COD)

Proposal for a regulation
Recital 58
(58) An exceptional need may also arise when a public sector body can demonstrate that the data are necessary either to prevent a public emergency, or to assist recovery from a public emergency, in circumstances that are reasonably proximate to the public emergency in question. Where the exceptional need is not justified by the need to respond to, prevent or assist recovery from a public emergency, the public sector body or the Union institution, agency or body should demonstrate that the lack of timely access to and the use of the data requested prevents it from effectively fulfilling a specific task in the public interest that has been explicitly provided in law. Such exceptional need may also occur in other situations, for example in relation to the timely compilation of official statistics when data is not otherwise available or when the burden on statistical respondents will be considerably reduced. At the same time, the public sector body or the Union institution, agency or body should, outside the case of responding to, preventing or assisting recovery from a public emergency, demonstrate that no alternative means for obtaining the data requested exists and that the data cannot be obtained in a timely manner through the laying down of the necessary data provision obligations in new legislation.deleted
2022/11/17
Committee: LIBE
Amendment 178 #

2022/0047(COD)

Proposal for a regulation
Recital 61
(61) A proportionate, limited and predictable framework at Union level is necessary for the making available of data by data holders, in cases of exceptional needs, to public sector bodies and to Union institution, agencies or bodies both to ensure legal certainty and to minimise the administrative burdens placed on businesses. To this end, data requests by public sector bodies and by Union institution, agencies and bodies to data holders should be transparent and proportionate in terms of their scope of content and their granularity. The purpose of the request and the intended use of the data requested should be specific and clearly explained, while allowing appropriate flexibility for the requesting entity to perform its tasks in the public interest. The request should also respect the legitimate interests of the businesses to whom the request is made. The burden on data holders should be minimised by obliging requesting entities to respect the once-only principle, which prevents the same data from being requested more than once by more than one public sector body or Union institution, agency or body where those data are needed to respond to a public emergency. TWhere possible, taking into account national security and public order and to ensure transparency, data requests made by public sector bodies and by Union institutions, agencies or bodies should be made public without undue delay by the entity requesting the data and online public availability of all requests justified by a public emergency should be ensured.
2022/11/17
Committee: LIBE
Amendment 183 #

2022/0047(COD)

Proposal for a regulation
Recital 62
(62) The objective of the obligation to provide the data is to ensure that public sector bodies and Union institutions, agencies or bodies have the necessary knowledge to respond to, prevent or recover from public emergencies or to maintain the capacity to fulfil specific tasks explicitly provided by law. The data obtained by those entities may be commercially sensitive. Therefore, Directive (EU) 2019/1024 of the European Parliament and of the Council65 should not apply to data made available under this Regulation and should not be considered as open data available for reuse by third parties. This however should not affect the applicability of Directive (EU) 2019/1024 to the reuse of official statistics for the production of which data obtained pursuant to this Regulation was used, provided the reuse does not include the underlying data. In addition, it should not affect the possibility of sharing the data for conducting research or for the compilation of official statistics, provided the conditions laid down in this Regulation are met. Public sector bodies should also be allowed to exchange data obtained pursuant to this Regulation with other public sector bodies to address the exceptional needs for which the data has been requested. _________________ 65 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
2022/11/17
Committee: LIBE
Amendment 185 #

2022/0047(COD)

Proposal for a regulation
Recital 63
(63) Data holders should have the possibility to either ask for a modification of the request made by a public sector body or Union institution, agency and body or its cancellation in a period of 5 or 15 working days depending on the nature of the exceptional need invoked in the request. In case of requests motivated by a public emergency, j. Justified reason not to make the data available should exist if it can be shown that the request is similar or identical to a previously submitted request for the same purpose by another public sector body or by another Union institution, agency or body. A data holder rejecting the request or seeking its modification should communicate the underlying justification for refusing the request to the public sector body or to the Union institution, agency or body requesting the data. In case the sui generis database rights under Directive 96/6/EC of the European Parliament and of the Council66 apply in relation to the requested datasets, data holders should exercise their rights in a way that does not prevent the public sector body and Union institutions, agencies or bodies from obtaining the data, or from sharing it, in accordance with this Regulation. _________________ 66 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).
2022/11/17
Committee: LIBE
Amendment 189 #

2022/0047(COD)

Proposal for a regulation
Recital 64
(64) Where it is strictly necessary to include personal data in the data made available to a public sector body or to a Union institution, agency or body, the applicable rules on personal data protection should be complied with and the making available of the data and their subsequent use should and be accompanied by safeguards for the rights and interests of individuals concerned by those data. The body requesting the data should demonstrate the strict necessity for the inclusion of personal data and the specific and limited purposes for processing. The data holder should take reasonable efforts to anonymise the data or, where such anonymisation proves impossible, the data holder should apply technological means such as pseudonymisation and aggregation, prior to making the data available.
2022/11/17
Committee: LIBE
Amendment 200 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service, on the making data available by data holders to data recipients, and on the making data available by data holders to public sector bodies or Union institutions, agencies or bodies, where there is an exceptional need, for the performance of a task carried out in the public interest: in the context of a public emergency.
2022/11/17
Committee: LIBE
Amendment 206 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) public sector bodies and Union institutions, agencies or bodies that request data holders to make data available where there is an exceptional need toin the context of a public emergency for that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request;
2022/11/17
Committee: LIBE
Amendment 217 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 4
4. This Regulation shall not affect Union and national legal acts providing for the sharing, access and use of data for the purpose of the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, including Regulation (EU) 2021/784 of the European Parliament and of the Council72 and the [e-evidence proposals [COM(2018) 225 and 226] once adopted, and international cooperation in that area. This Regulation shall not affect the collection, sharing, access to and use of data under Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and Regulation (EU) 2015/847 of the European Parliament and of the Council on information accompanying the transfer of funds. This Regulation shall not affect the competences of the Member States regarding activities concerning public security, defence, national security, customs and tax administration and the health and safety of citizens in accordance with Union law. _________________ 72 Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (OJ L 172, 17.5.2021, p. 79).
2022/11/17
Committee: LIBE
Amendment 253 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an demonstrably exceptional situation, identified as such through the relevant procedures in the affected Member State(s), such as a major national security or public health emergency or a major natural disaster, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s);
2022/11/17
Committee: LIBE
Amendment 287 #

2022/0047(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. The data holder and the user can agree measures, including where relevant contractual agreements, to preserve the confidentiality of the shared data, in particular in relation to third parties.
2022/11/17
Committee: LIBE
Amendment 332 #

2022/0047(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The obligations of this Chapter shall not apply to data generated by the use of products manufactured or related services provided by enterprises that qualify as micro or small enterprises, or medium enterprises when the threshold from small to medium enterprise has been crossed less than a year ago, as defined in Article 2 of the Annex to Recommendation 2003/361/EC, provided those enterprises do not have partner enterprises or linked enterprises as defined in Article 3 of the Annex to Recommendation 2003/361/EC which do not qualify as a micro or small enterprise.
2022/11/17
Committee: LIBE
Amendment 339 #

2022/0047(COD)

Proposal for a regulation
Article 8 – paragraph 6
6. Unless otherwise provided by Union law, including Article 64(3), Article 5(8), Article 6 and Article 19(2) of this Regulation, or by national legislation implementing Union law, an obligation to make data available to a data recipient shall not oblige the disclosure of trade secrets within the meaningundermine the effective protection of trade secrets and be executed in such a way as to respect the provisions of Directive (EU) 2016/943.
2022/11/17
Committee: LIBE
Amendment 364 #

2022/0047(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Upon request, a data holder shall make data available to a public sector body or to a Union institution, agency or body demonstrating an exceptional need in the context of a public emergency to use the data requested.
2022/11/17
Committee: LIBE
Amendment 366 #

2022/0047(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. This Chapter shall not apply to small and micro enterprises, or medium enterprises that have crossed the threshold within the previous year, as defined in Article 2 of the Annex to Recommendation 2003/361/EC.
2022/11/17
Committee: LIBE
Amendment 376 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c
(c) where the lack of available data prevents the public sector body or Union institution, agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and (1) the public sector body or Union institution, agency or body has been unable to obtain such data by alternative means, including by purchasing the data on the market at market rates or by relying on existing obligations to make data available, and the adoption of new legislative measures cannot ensure the timely availability of the data; or (2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.deleted
2022/11/17
Committee: LIBE
Amendment 390 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) explain the purpose of the requestwhich element of the public emergency the processing of the data intends to prevent, address or resolve, the intended use of the data requested, and the duration of that use;
2022/11/17
Committee: LIBE
Amendment 393 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e
(e) specify the deadline by which the data are to be made available or within which the data holder may request the public sector body, Union institution, agency or body to modify or withdraw the request.
2022/11/17
Committee: LIBE
Amendment 397 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point d
(d) concern, insofar as possible, non- personal data; where the request includes personal data it shall justify the need for that data;
2022/11/17
Committee: LIBE
Amendment 398 #

2022/0047(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point f
(f) where possible, taking into account national security and public order, be made publicly available online without undue delay.
2022/11/17
Committee: LIBE
Amendment 402 #

2022/0047(COD)

Proposal for a regulation
Article 17 a (new)
Article 17 a Single point of contact for data requests 1. Each Member State shall designate a single point of contact at national level that shall handle requests from its public sector bodies at national, regional and local levels to data holders and be responsible for the communication between the respective public sector body and data holder. Furthermore, the single point of contact shall prevent duplicate requests and requests not fulfilling the criteria of Article 17. 2. The Commission shall designate a single point of contact at EU level that shall handle requests from Union institutions, agencies and bodies to data holders and be responsible for the communication between the respective EU body and data holder. Furthermore, the single point of contact shall prevent duplicate requests and requests not fulfilling the criteria of Article 17. 3. The Commission shall maintain a public register of those single points of contact.
2022/11/17
Committee: LIBE
Amendment 406 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 2 – introductory part
2. Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification, including regarding the deadline, of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds:
2022/11/17
Committee: LIBE
Amendment 425 #

2022/0047(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Where the data holder claims compensation for making data available in compliance with a request made pursuant to Article 15, points (b) or (c), such compensation shall not exceed the technical and organisational costs incurred to comply with the request including, where necessary, the costs of anonymisation and of technical adaptation, plus a reasonable margin. Upon request of the public sector body or the Union institution, agency or body requesting the data, the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin.
2022/11/17
Committee: LIBE
Amendment 454 #

2022/0047(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. Providers of data processing services shall take all reasonablappropriate technical, legal and organisational measures, including contractual arrangements, in order to prevent international transfer or governmental access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the national law of the relevant Member State, without prejudice to paragraph 2 or 3.
2022/11/17
Committee: LIBE
Amendment 470 #

2022/0047(COD)

Proposal for a regulation
Article 31 – paragraph 2 – point a
(a) the independent supervisory authorities responsible for monitoring the application of Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 shall be responsible for monitoring the application of this Regulation insofar as the protection of personal data is concerned. Chapters VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. Article 62 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to the processing of personal data;
2022/11/17
Committee: LIBE
Amendment 478 #

2022/0047(COD)

Proposal for a regulation
Article 31 – paragraph 3 – point g
(g) ensuring the online public availability of requests for access to data made by public sector bodies in the case of public emergencies under Chapter V and according to its provisions;
2022/11/17
Committee: LIBE
Amendment 8 #

2022/0031(COD)

Proposal for a regulation
The European Parliament rejects the Commission proposal.
2022/04/08
Committee: LIBE
Amendment 1 #

2022/0030(COD)

Proposal for a regulation
The European Parliament rejects the Commission proposal.
2022/04/08
Committee: LIBE
Amendment 315 #

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 legal framework in particular for the development, marketing and use of artificial intelligence in conformity with Union values, the Universal Declaration of Human Rights, the European Convention on Human Rights and the Charter of Fundamental Rights of the EU. This Regulation pursues a number of overriding reasons of public interest, such as a high level of protection of health, safety and fundamental rights, and it ensures the free movement of AI- based goods and services cross-border, thus preventing Member States from imposing restrictions on the development, marketing and use of AI systems, unless explicitly authorised by this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 321 #

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 and to align it with relevant EU legislation such as the GDPR and the EUDPR. In light of those specific rules and the recourse to Article 16 TFEU, it is appropriate to consult the European Data Protection Board and to take into consideration the EDPB-EDPS Joint Opinion 5/2021.
2022/06/13
Committee: IMCOLIBE
Amendment 354 #

2021/0106(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) The regulatory framework addressing artificial intelligence should be without prejudice to existing and future Union laws concerning data protection, privacy, and protection of fundamental rights. In this regard, requirements of this Regulation should be consistent with the aims and objectives of, among others, the GDPR and the EUDPR. Where this Regulation addresses automated processing within the context of article 22 of the GDPR, the requirements contained in that article should continue to apply, ensuring the highest levels of protection for European citizens over the use of their personal data.
2022/06/13
Committee: IMCOLIBE
Amendment 597 #

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. 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 factsfacts and the law. 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 650 #

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 leverage 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, as well as the notified bodies, competent national authorities and market surveillance authorities accessing the data of providers of high-risk AI systems, also taking into account as appropriate the underlying ICT infrastructure.
2022/06/13
Committee: IMCOLIBE
Amendment 700 #

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 870 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. This Regulation shall not apply to AI systems designed, modified, developed or used exclusively for military purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 887 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation shall not apply to AI systems, including their output, specifically developed or used exclusively for scientific research and development purposes.
2022/06/13
Committee: IMCOLIBE
Amendment 905 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘artificial intelligence system’ (AI system) means software that dis developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives,play intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals, which: (a) receives machine and/or human-based data and inputs; (b) infers how to achieve a given set of human-defined objectives using data- driven models created through learning or reasoning implemented with the techniques and approaches listed in Annex I, and (c) generates outputs such as content, in the form of content (generative AI systems), predictions, recommendations, or decisions, which influencinge the environments ithey interacts with;
2022/06/13
Committee: IMCOLIBE
Amendment 1147 #

2021/0106(COD)

Article 4 a Notification about the use of an AI system 1. Users 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 of the user 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, Directive 2016/680, Regulation 2022/XXX.
2022/06/13
Committee: IMCOLIBE
Amendment 1189 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c – introductory part
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf as well as private companies, including social media and cloud service providers, for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following:
2022/06/13
Committee: IMCOLIBE
Amendment 1275 #

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 1360 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
(b a) the full respect of fundamental rights and freedoms in conformity with Union values, the Universal Declaration of Human Rights, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU.
2022/06/13
Committee: IMCOLIBE
Amendment 1389 #

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 alsofully comply with EU values, the Universal Declaration of Human Rights, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU and shall 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1441 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. In addition to the high-risk AI systems referred to in paragraph 1, AI systems referred to in Annex III shall also be considered high-risk, if they pose a risk of harm to either physical health and safety or human rights, or both.
2022/06/13
Committee: IMCOLIBE
Amendment 1483 #

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, natural environment 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.
2022/06/13
Committee: IMCOLIBE
Amendment 1492 #

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, natural environment and safety or a risk of adverse impact on fundamental rights that is equivalent to or greater than the risk of harm posed by the high-risk AI systems already referred to in Annex III, the Commission shall take into account the following criteria:
2022/06/13
Committee: IMCOLIBE
Amendment 1500 #

2021/0106(COD)

(b) the extent to which an AI system has been used or is likely to be used and misused;
2022/06/13
Committee: IMCOLIBE
Amendment 1509 #

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, natural environment and safety or adverse impact on the 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;
2022/06/13
Committee: IMCOLIBE
Amendment 1607 #

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 anythe overall residual risk associated with each hazard as well as the overall residual risk ofof the high-risk AI systems is reasonably judged to be acceptable, having regard to the benefits that the high-risk AI systems is judged acceptablereasonably expected to deliver and, provided that the high- risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, subject to terms, conditions as made available by the provider, and contractual and license restrictions. Those residual risks shall be communicated to the user.
2022/06/13
Committee: IMCOLIBE
Amendment 1626 #

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 usersand relevant information on necessary competence training and authority for natural persons exercising such oversight.
2022/06/13
Committee: IMCOLIBE
Amendment 1700 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases, that are likely to affect health and safety of persons or lead to discrimination prohibited by Union law;
2022/06/13
Committee: IMCOLIBE
Amendment 1704 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possibleother data gaps or shortcomings that materially increase the risks of harm to the health, natural environment and safety or the fundamental rights of persons, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1908 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 a (new)
The obligations contained in paragraph 1 shall be without prejudice to obligations applicable to providers of high-risk AI systems arising from Regulation (EU) 2016/679 of the European Parliament and of the Council and Regulation (EU) 2018/1725 of the European Parliament and of the Council
2022/06/13
Committee: IMCOLIBE
Amendment 2069 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 a (new)
6 a. Users of high risk systems involving an emotion recognition system or a biometric categorisation system in accordance with Article 52 shall implement suitable measures to safeguard the natural person's rights and freedoms and legitimate interests in such a system, including providing the natural person with the ability to express his or her point of view on the resulting categorisation and to contest the decision.
2022/06/13
Committee: IMCOLIBE
Amendment 2081 #

2021/0106(COD)

Proposal for a regulation
Article 29 a (new)
Article 29 a Human rights impact assessment for high-risk AI systems 1. The user of a high-risk AI system as defined in Article 6 paragraph 2 may conduct an assessment of the system’s impact on fundamental rights and public interest in the context of use before putting the system into use and at least every three years afterwards. This assessment shall include, at minimum, the following: a) a clear outline of the intended purpose for which the system will be used; b) a clear outline of the intended geographic and temporal scope of the system’s use; c) categories of natural persons and groups likely to be affected by the use of the system; d) the likely impact on human rights of affected persons identified pursuant to point (c), including any indirect impacts or consequences of the system’s use; e) in the case of public authorities, any other impact on the public interest, including democracy and allocation of public funds; 2. Where the user of a high-risk AI system 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 may be conducted in conjunction to the data protection impact assessment. The user may publish the results of both assessments, following the obligation under Article 51 paragraph 2.
2022/06/13
Committee: IMCOLIBE
Amendment 2105 #

2021/0106(COD)

Proposal for a regulation
Article 33 – paragraph 6
6. Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies respect the confidentiality of the information which comes into their possession during the performance of conformity assessment activities, except when disclosure is required by law. The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the notifying authorities of the Member State in which their activities are carried out. Any information and documentation obtained by notified bodies pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/06/13
Committee: IMCOLIBE
Amendment 2574 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 a (new)
4 a. National competent authorities shall satisfy the minimum cybersecurity requirements set out for public administration entities identified as operators of essential services pursuant to Directive (…) on measures for a high common level of cybersecurity across the Union, repealing Directive (EU) 2016/1148.
2022/06/13
Committee: IMCOLIBE
Amendment 2575 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4 b (new)
4 b. Any information and documentation obtained by the national competent authorities pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/06/13
Committee: IMCOLIBE
Amendment 2635 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 5 a (new)
5 a. Any information and documentation obtained by the Commission and Member States pursuant to the provisions of this Article shall be treated in compliance with the confidentiality obligations set out in Article 70.
2022/06/13
Committee: IMCOLIBE
Amendment 3090 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 2 – point a
(a) AI systems intended to be used as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity, whose failure or malfunctioning would directly cause significant harm to the health, natural environment or safety of natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3113 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
(b) AI systems intended to be used forto makinge decisions on promotion and termination of work-related contractual relationships, for task allocationbased on individual behaviour or personal traits or characteristics, and for monitoring and evaluating performance and behaviour of persons in such relationships that have a likelihood of causing harm to the physical health and safety or adversely impact on the fundamental rights or have given rise to significant concerns in relation to the materialisation of such harm or adverse impact.
2022/06/13
Committee: IMCOLIBE
Amendment 141 #

2020/2273(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the new EU Biodiversity Strategy for 2030 and its level of ambition; recognises, however, the need to set balanced targets in each Member State, given the diversity of farming and forestry practices and the efforts made to date to observe the principles of economic, environmental and social sustainability;
2021/02/22
Committee: ENVI
Amendment 253 #

2020/2273(INI)

Motion for a resolution
Paragraph 4
4. Expresses strong support for the targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, including primary and old-growth forests and other carbon-rich ecosystems; stresses that these should be binding and implemented by Member States in accordance with science-based criteria and biodiversitythat are specific to each site and biodiversity needs at local and regional level, as well as climate needs; underlines that in addition to increasing protected areas, the quality of protected areas should be ensured and clear conservation plans, specific to each site, implemented;
2021/02/22
Committee: ENVI
Amendment 272 #

2020/2273(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Emphasises that successful conservation of protected areas, including strictly protected areas, requires decision- making at the level of, and based on the needs of, the individual sites, taking into account the regional, socio-economic and cultural characteristics of the areas within the EU, with a view to promoting community-based conservation;
2021/02/22
Committee: ENVI
Amendment 338 #

2020/2273(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the upcoming legislative proposal on the EU Nature Restoration Plan and reiterates its call for a restoration target of at least 30 % of the EU’s land and seas, which should be implemented by each Member State consistently throughout their territory, which should be based on scientific assessments; considers that in addition to an overall restoration target, ecosystem-specific targets should be set, with a particular emphasis on ecosystems for the dual purposes of biodiversity restoration and climate change mitigation and adaptation; stresses that after restoration, no ecosystem degradation should be allowed;
2021/02/22
Committee: ENVI
Amendment 407 #

2020/2273(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses the need for the active involvement of all stakeholders at European, national, regional and local level so that they can take concrete action to effectively implement the Biodiversity Strategy for 2030 and to address any implementation gaps in the Habitats and Birds Directives;
2021/02/22
Committee: ENVI
Amendment 491 #

2020/2273(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission to develop environmental regeneration processes by restoring natural areas in built-up zones, thereby encouraging the removal of unused, outdated or dilapidated buildings and infrastructure by private and public bodies; notes that this process would also help to improve the landscape and relieve citizens and local authorities of the tax burdens potentially involved in maintaining such properties;
2021/02/22
Committee: ENVI
Amendment 520 #

2020/2273(INI)

Motion for a resolution
Paragraph 10
10. Expresses its support for the 2030 targets of bringing at least 25 % of agricultural land under organic farm management, which should become the norm in the long term, and ensuring that at least 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level, targets which should both be incorporated into EU legislation; considers it imperative that farmers receive support and training in the transition towards agroecological practices; supporting the development of organic farming in line with market trends, and ensuring, on a voluntary basis, that 10 % of agricultural land consists of high-diversity landscape features, which should be implemented at farm level; considers it imperative that farmers receive financial and other support as well as training in the transition towards more sustainable practices, and that products obtained in this way are properly promoted; notes, too, that all available production techniques should be used to ensure that there is sufficient supply to meet market demands;
2021/02/22
Committee: ENVI
Amendment 625 #

2020/2273(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Points out that the maintenance and development of open areas for permanent grassland and pasture should be made a priority in order to protect at- risk species of wild birds and pollinators, which are primarily connected with this type of environment, including by clearing woodland in degraded areas consisting of matter of little environmental value;
2021/02/22
Committee: ENVI
Amendment 653 #

2020/2273(INI)

Motion for a resolution
Paragraph 13
13. Underlines that the new EU Forest Strategy must be fully aligned with the Climate Law and the Biodiversity Strategy; calls for the inclusion in the Nature Restoration Plan of specific bindingpolicy targets for the protection and restoration of forest ecosystems, which should also be incorporated into the Forest Strategy;
2021/02/22
Committee: ENVI
Amendment 689 #

2020/2273(INI)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to urgently present a proposal for an EU legal framework based on mandatory due diligence that ensures sustainable and deforestation-free value chains;deleted
2021/02/22
Committee: ENVI
Amendment 771 #

2020/2273(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 %, the use of fertilisers by at least 20 % and nutrient losses by at least 50 % by 2030, which should be made bindingand nutrient losses by 2030; recognises that these targets could have a significant negative impact on the economic sustainability of the sector, on farmers’ incomes and on food safety, and should therefore be subject to an impact assessment before a targeted reduction is set; takes the view that farmers should be put in a position where they are able to use fewer products, or optimise their use, through greater investment and greater development in the areas of research, innovation and tools and precision agriculture techniques; considers that the derogation envisaged in Article 53(1) of Regulation (EC) No 1107/2009 should be clarified and must only be applied for health and environmental reasoso as to respond to farmers’ actual needs with regard to the most dangerous pathogens;
2021/02/22
Committee: ENVI
Amendment 799 #

2020/2273(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Takes the view that a reduction in plant protection chemicals should be accompanied by a clear framework that would allow for the development and use of innovative technologies, including biotechnologies, provided that they are safe for consumers and the environment and widely accessible to farmers; calls for clarity on the ever-growing world of new plant-breeding techniques (NBTs) in order to regulate their areas of application and prospective use and thereby provide the necessary legal basis for their development in the field;
2021/02/22
Committee: ENVI
Amendment 813 #

2020/2273(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Looks forward to reading the Commission’s study on the potential of new genomic techniques, which should ultimately lead to an appropriate legal framework based on state-of-the-art scientific expertise and evidence;
2021/02/22
Committee: ENVI
Amendment 874 #

2020/2273(INI)

Motion for a resolution
Paragraph 21
21. Regrets that the list of Union concern represents less than 6 % of IAS present in Europe; cCalls on the Commission to ensure proper coverage of IAS affecting threatened species on the EU list and to reinforce prevention by introducing mandatory risk assessments prior to the first import of non-native speci, while taking due account of the implementation costs for Member States and the socioeconomic aspects of using IAS for income purposes, and by adopting white lists by 2030 at the latests well as reinforcing prevention in the context of imports;
2021/02/22
Committee: ENVI
Amendment 887 #

2020/2273(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Calls on the Commission to give stakeholders all the power they need to take sweeping and concrete action to tackle invasive alien species as a matter of priority, both in terms of time and resources;
2021/02/22
Committee: ENVI
Amendment 892 #

2020/2273(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Calls on the Commission to equip Member States with urgent intervention measures to control general predatory species whose conservation status is favourable or on the rise and whose prominence in many environments, just as with IAS, is putting the populations of priority species at risk, for example many bird species that nest on the ground in open or cultivated areas or wetlands;
2021/02/22
Committee: ENVI
Amendment 909 #

2020/2273(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to ensure effective biodiversity mainstreaming and proofing across EU spending and programmes on the basis of the EU Taxonomy and the ‘do no significant harm’ principle; calls on the Commission to provide a comprehensive assessment of how the EUR 20 billion per yearresources needed for nature could be mobilised, to make corresponding proposals for the Union’s annual budget and to examine the need for a dedicated funding instrument for TEN-N; considers that efforts should be made to reach 10 %earmark a proportion of annual spending on biodiversity under the multiannual financial framework (MFF) as soon as possible from 2021 onwards; calls on the Commission to draw up a legislative proposal that includes sufficient financial resources to compensate farmers for the increased costs and/or loss of income due to new practices designed to pursue the objectives of the biodiversity strategy;
2021/02/22
Committee: ENVI
Amendment 928 #

2020/2273(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Commission to provide an assessment of all subsidies harmful to the environment with a view to their phasing out by 2030 at the latest; reiterates its calls for the reorientation of taxation systems towards an increased use of environmental taxation;deleted
2021/02/22
Committee: ENVI
Amendment 965 #

2020/2273(INI)

Motion for a resolution
Paragraph 24
24. Highlights the need for a legally binding biodiversity governance framework, similar to the Climate Law, which steers a path to 2050 through a set of binding objectives, including targets for 2030 and the COP15 commitments, and which establishes a monitoring mechanism with smart indicators; calls on the Commission to submit a legal proposal to this end in 2022 which establishes a monitoring mechanism with smart indicators;
2021/02/22
Committee: ENVI
Amendment 1138 #

2020/2273(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Stresses the importance of including respect for biodiversity in trade agreements in order to halt global deforestation and prevent the overexploitation of fishery and marine resources; urges developing countries to support biodiversity and alignment with European standards on sustainability, and to prevent the exploitation of workers; calls on the Commission to ensure that imported products meet the same standards required of European producers in order to protect biodiversity;
2021/02/22
Committee: ENVI
Amendment 4 #

2020/2140(DEC)

Draft opinion
Paragraph 1
1. Notes with concern that more than half of EU expenditure in 2019 may be considered as high-risk, including reimbursement-based payments for investments in the areas of cohesion and rural development; notes with concern that the increase in the estimated rate of material error from 4,5 % in 2018 to 4,9 % in 2019 can result in auditors giving an adverse opinion on EU expenditure;
2021/01/25
Committee: REGI
Amendment 12 #

2020/2140(DEC)

Draft opinion
Paragraph 3
3. Notes the decrease in the estimated level of error in spending on ‘Economic, social and territorial cohesion’ from 5 % in 2018 to 4,4 % in 2019; welcomes this year- on-year improvement, but is disappointed that it has not proved possible to decrease the error rate to the 3 % level recorded in 2017; is concerned that of the 236 transactions examined, 29 errors had not been detected by audit authorities, taking account of the 64 errors previously discovered by audit authorities and corrections applied by programme authorities (worth a total of 334 million euros for both programming periods taken together);
2021/01/25
Committee: REGI
Amendment 20 #

2020/2140(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Regrets that ‘Ineligible projects’ made 55% as a main type of error; notes that for five ERDF projects, from the 2014-2020 programming period, aid was granted to beneficiaries or operations that did not meet the eligibility conditions set out in the applicable regulation and multiannual operational programmes;
2021/01/25
Committee: REGI
Amendment 21 #

2020/2140(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Regrets that ‘Infringements of internal market rules’ made 24% as a main type of error (9% - infringements of state aid rules; 15% - serious non- compliance with public procurement rules);
2021/01/25
Committee: REGI
Amendment 22 #

2020/2140(DEC)

Draft opinion
Paragraph 4 c (new)
4 c. Regrets that ‘Ineligible expenditure’ made 12% as a main type of error;
2021/01/25
Committee: REGI
Amendment 23 #

2020/2140(DEC)

Draft opinion
Paragraph 4 d (new)
4 d. Finds unacceptable the weaknesses found in the work of several audit authorities covered by ECA sample, which currently limit the reliance that can be placed on that work (the recalculated rate was above the 2 % materiality threshold in nine out of 20 assurance packages for the 2014-2020 period, the Commission adjusted the residual error rates for eight assurance packages to a figure above 2 %);
2021/01/25
Committee: REGI
Amendment 24 #

2020/2140(DEC)

Draft opinion
Paragraph 4 e (new)
4 e. Notes that for 120 of the sampled transactions (55 %), the European Court of Auditors (ECA) was able to draw conclusions on the basis of its review of the work carried out by the audit authorities; is deeply concerned that ECA identified shortcomings with regards to the scope, quality and/or documentation of that work in 100 transactions (45 %), which required the ECA to carry out once more the corresponding audit procedures;
2021/01/25
Committee: REGI
Amendment 25 #

2020/2140(DEC)

Draft opinion
Paragraph 4 f (new)
4 f. Is very concerned about the weaknesses found in the work of several audit authorities covered by the European Court of Auditors' (ECA) sample, which currently limit the reliance that can be placed on that work (the recalculated rate was above the 2 % materiality threshold in nine out of 20 assurance packages for the 2014-2020 period, the Commission adjusted the residual error rates for eight assurance packages to a figure above 2 %); notes that for 120 of the sampled transactions (55 %), the ECA was able to draw conclusions on the basis of its review of the work carried out by the audit authorities; is deeply concerned that ECA identified shortcomings with the scope, quality and/or documentation of that work in 100 transactions (45 %), which required the ECA to carry out once more the corresponding audit procedures;
2021/01/25
Committee: REGI
Amendment 26 #

2020/2140(DEC)

Draft opinion
Paragraph 4 g (new)
4 g. Notes that 13 of the compliance audits (5 by DG REGIO and 8 by DG EMPL) were final by May 2020, but for half of these audits, therefore, the residual rates were not yet final;
2021/01/25
Committee: REGI
Amendment 34 #

2020/2140(DEC)

Draft opinion
Paragraph 6 a (new)
6 a. Calls on the Commission to: - clarify eligibility conditions (including by defining what is meant by ‘physically completed’ and/or ‘fully implemented’ operations to help Member States to verify that operations comply with Article 65(6) of the CPR and avoid the non-detection of ineligible operations); - take action to increase the reliability of the residual rates reported by audit authorities (analyse the main sources of undetected errors and develop the necessary measures together with audit authorities to improve the reliability of reported residual rates);
2021/01/25
Committee: REGI
Amendment 45 #

2020/2140(DEC)

Draft opinion
Paragraph 7 a (new)
7 a. Regrets that the delayed timing of a number of evaluations and studies analysing the results of the 2007-2013 period and the early stages of programming and implementation of the 2014-2020 cohesion policy programmes means that lessons learned are too late to have an impact on either the current or following programming periods (the results of the2014-2020 ex-post evaluations, for example, are expected to be available by the end of 2025 as required by the CPR, by then the 2021- 2027 programming period will be in its fifth year and the Commission is likely to be well advanced in preparing its legislative proposals for the post-2027 period);
2021/01/25
Committee: REGI
Amendment 49 #

2020/2140(DEC)

Draft opinion
Paragraph 7 b (new)
7 b. Finds the effects of the relatively low levels of implementation in cohesion policy, compared to the rest of EU budget, worrisome; notes that an eventual time lag between the start of the programme, implementation and realisation of outputs and results, together with the fact that the latest data available relates to the end of 2018 in an implementation period lasting until the end of 2023, make it harder at this stage to achieve the objectives;
2021/01/25
Committee: REGI
Amendment 51 #

2020/2140(DEC)

Draft opinion
Paragraph 7 c (new)
7 c. Regrets that of 72 indicators in total, only one third of the indicators are on track to meet their targets and that about half of the indicators are not on track; regrets that of 9 indicators linked to the general objectives, only two are on track, meanwhile about one third of the indicators had a mid-term milestone target set for 2018; notes that in total, 40 % of the output indicators are on track, for result and impact indicators, this percentage is 10 %; stresses that of all 10 indicators from the programme statements linked to the objective of supporting the shift towards a low-carbon economy in all sectors, only 1 –‘Number of households with improved energy consumption classification indicator’ – is on track;
2021/01/25
Committee: REGI
Amendment 102 #

2020/2134(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that sustainable development efforts in EU countries should not consist of a mere relocation of industrial pollution to third countries;
2020/10/14
Committee: ENVI
Amendment 107 #

2020/2134(INI)

Draft opinion
Paragraph 4 b (new)
4b. Considers that, for Europe, free trade agreements, which encourage the import of goods produced under uncertain humanitarian conditions, must come second to the promotion of localism, which is known to have a positive impact on the environment;
2020/10/14
Committee: ENVI
Amendment 109 #

2020/2134(INI)

Draft opinion
Paragraph 4 c (new)
4c. Recalls also that sustainable development cannot consist of the promotion of a Europe driven solely by the tertiary sector; recalls the importance of resource extraction and processing, which cannot be left solely to third countries for environmental reasons, as this constitutes the exporting of industrial pollution to countries that are less concerned about humanitarian conditions;
2020/10/14
Committee: ENVI
Amendment 134 #

2020/2091(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Acknowledges that the reduction in CO2 emissions resulting from COVID- 19 containment measures was smaller than predicted, being estimated at around -7% (-3% to -13% depending on the Member State1a); notes that the substantial and sustained reduction in road traffic and economic activity is not being matched by a proportionate reduction in atmospheric pollution, especially that caused by fine dust particles; stresses that the putative direct link between air pollution, in particular fine dust particles, and the spread of the SARS-CoV-2 virus now appears unlikely1b; concludes, therefore, that private mobility choices have less impact on air pollution than previously affirmed and predicted; urges the Commission accordingly to proceed without delay to an in-depth review of Directive 2008/50/EC, to finally take into account the geographical characteristics and climatic conditions of each territory and focus on the main anthropogenic sources of air pollution; _________________ 1aLe Quéré, C., Jackson, R.B., Jones, M.W. et al. Temporary reduction in daily global CO2 emissions during the COVID- 19 forced confinement. Nat. Clim. Chang. 10, 647–653 (2020) 1b'Atmospheric particulate matter does not favour the spread of COVID-19 into the air' - Press release by National Research Council (https://www.cnr.it/it/comunicato- stampa/9921/il-particolato-atmosferico- non-favorisce-la-diffusione-in-aria-del- covid-19)
2021/02/11
Committee: ENVI
Amendment 7 #

2020/2076(INI)

Draft opinion
Recital A a (new)
Aa. whereas the COVID-19 pandemic has created an unprecedented recession in the Union, the effects of which will be felt even more strongly in the industrial sector, with many businesses notably weakened or forced to close down;
2020/06/15
Committee: REGI
Amendment 12 #

2020/2076(INI)

Draft opinion
Recital B
B. whereas the EU’s microenterprises and SMEs have traditionally generated a high share of the EU’s employment, and in so doing have ensured social and economic well-being and prosperity;
2020/06/15
Committee: REGI
Amendment 28 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Recalls that the EU’s industrial future is linked to an alignment of the economy with the principles of the European Green Deal,above all to a full economic recovery following the pandemic crisis and to a roadmap towards a new growth policy for the EU, bring carrying citizens, cities and regions together the same higher level of development, and allowing for a just transition;
2020/06/15
Committee: REGI
Amendment 59 #

2020/2076(INI)

3. Stresses that in supporting microenterprises and SMEs through the European Structural and Investment Funds (ESIF) the goal should be, inter alia, an innovative and smart economic transformation, a greener and low carbon EU, as well as an EU which is more connected and aims to ensure long- term and sustainable employment;
2020/06/15
Committee: REGI
Amendment 78 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. ReiteraNotes that the public sector has an important new role to play in facilitating a just transition by promoting a green and fair energy transition, green and blue investments, the circular economy, as well as climate adaptation of territories and risk prevention in all EU regions;
2020/06/15
Committee: REGI
Amendment 42 #

2020/2039(INI)

Motion for a resolution
Recital D
D. whereas the health and economic crisis generated by the COVID-19 pandemic made clear that solidarity between generations is one of the driving forces of the recovery process and that health infrastructures have to be accessible to the population in the whole territory;
2021/02/09
Committee: REGI
Amendment 54 #

2020/2039(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas insular and mountainous regions suffer from a structural on the geographic, social and economic point of view and therefore they are particularly affected by the depopulation trend;
2021/02/09
Committee: REGI
Amendment 64 #

2020/2039(INI)

Motion for a resolution
Paragraph 2
2. Observes in this context significant demographic contrasts at both Union and Member State level between core, metropolitan regions and periphery, often ruraland in comparison with rural, insular and mountainous areas;
2021/02/09
Committee: REGI
Amendment 91 #

2020/2039(INI)

Motion for a resolution
Paragraph 6
6. Notes that in general rural, post- industrial, insular, mountainous and remote areas are facing a number of specific situations: a considerable decline in population numbers, lower than national or EU average levels of income and difficulties of territorial integration with other regions, making them more exposed to the risk of depopulation; points out that rural regions currently account for 28 % of Europe’s population but this is predicted to fall significantly in the future;
2021/02/09
Committee: REGI
Amendment 105 #

2020/2039(INI)

Motion for a resolution
Paragraph 8
8. Stresses that this lack of diversification in the regional economic structure of certain regions, with particular regard to insular regions, risks creating a negative ‘label’, also among their inhabitants, manifesting dissatisfaction with the quality of life and the facilities and services at their disposal; highlights in this context the brain drain effect, leading to the emigration of highly trained and qualified people from a particular region or country to another; points out, in particular, that the ‘exodus’ of medical staff such as doctors and nurses and teaching staff has led to a deterioration in the quality of medical care and education, making it difficult, especially in rural areas, to access high-quality care and education;
2021/02/09
Committee: REGI
Amendment 109 #

2020/2039(INI)

Motion for a resolution
Paragraph 9
9. Is of the view that urban areas are also exposed to depopulation, with one in five cities in Europe facing population losses since 1990; notes, however, that urban shrinkage is not always a continuous linear process and can be episodic or temporary, depending on the territorial and economic context;
2021/02/09
Committee: REGI
Amendment 165 #

2020/2039(INI)

Motion for a resolution
Paragraph 19
19. Stresses that the COVID-19 health crisis has affected all Member States and regions to different extents, and is likely to lead to new trends as regards demographic flows; recalls in this context that the additional resources provided through REACT-EU in order to ensure a sound and robust recovery of the EU’s economy from the crisis could significantly help to keep people in employment, including through support for small and medium-size enterprises and for short-time work schemes and the self- employed;
2021/02/09
Committee: REGI
Amendment 170 #

2020/2039(INI)

Motion for a resolution
Paragraph 20
20. Recalls that the Recovery and Resilience Facility will provide large-scconditionale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose measures for addressing demographic change; highlights the importance of the instruments for a transition to sustainability such as the Just Transition Fund and its implementation mechanism, which aim to support the communities affected by the energy transition and avoid the risk of depopulationto improve mobility of people and goods in rural, insular and mountainous areas;
2021/02/09
Committee: REGI
Amendment 179 #

2020/2039(INI)

Motion for a resolution
Paragraph 21
21. Reiterates the need for further simplification of cohesion policy instruments in order to allow for an easier, but at the same time sound management of financial resources and for maximising synergies among the various EU funds; emphasises the need to reduce red tape and ensure coherent legislation throughout the project implementation process and a focused technical assistance at all stages;
2021/02/09
Committee: REGI
Amendment 203 #

2020/2039(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Member State to include demographic challenges in their national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues;
2021/02/09
Committee: REGI
Amendment 217 #

2020/2039(INI)

Motion for a resolution
Paragraph 24
24. Calls on the regions at risk of depopulation to focus investments on universal accessibility to quality services and infrastructure and job creation; insists on investment in education, reskilling of workers, creating entrepreneurial conditions and supporting micro and SMEs;
2021/02/09
Committee: REGI
Amendment 256 #

2020/2039(INI)

Motion for a resolution
Paragraph 30
30. Insists that investments should be focused on information and communication technologymobility infrastructures and local health , since this has the potential to reduce the distance between the users and to attract high- skilled workers; stresses the importance of funding the development and uptake of these technologielabour skills among companies and schools in rural, insular, mountainous and isolated regions and regions in industrial transition;
2021/02/09
Committee: REGI
Amendment 262 #

2020/2039(INI)

Motion for a resolution
Paragraph 32
32. Considers that municipalities should promote ‘open innovation’ initiativsocial, cultural and business initiatives, besides "open innovation" ones, making use of the knowledge to accelerate the innovation process and to develop a collaborative approach with relevant partners and stakeholders with a view to creating innovationcultural and business friendly ecosystems;
2021/02/09
Committee: REGI
Amendment 280 #

2020/2039(INI)

Motion for a resolution
Paragraph 34
34. Calls on the Commission to ensure that the initiative on the long-term vision for rural, insular and mountainous areas includes practical solution and means of support to address demographic changes; invites the Commission, in agreement with the Member States, to propose a ‘new deal’ on demographics in the EU as a multi-level policy approach;
2021/02/09
Committee: REGI
Amendment 2 #

2020/2023(INI)

Draft opinion
Recital A
A. whereas cohesion policy is a key instrument that ensures solidarity between European regions in exchange for the opportunities afforded by the internal market; whereas if regions are to access the internal market, they must make a contribution to the cohesion funds – as is the case for European Economic Area (EEA) countries;deleted
2020/04/16
Committee: REGI
Amendment 14 #

2020/2023(INI)

Draft opinion
Recital E
E. whereas the withdrawal of the UK without a subsequent agreement on its future relationship with the EU would have disruptive effects, creating a significant burden for public finances in the EU; whereas such a failure to reach an agreement on future EU-UK relations would justify activating the solidarity principle; whereas Parliament has already approved activating the solidarity principle in such a scenario;
2020/04/16
Committee: REGI
Amendment 15 #

2020/2023(INI)

Draft opinion
Paragraph 1
1. Considers that the UK should be invited to contribute to the cohesion funds if it wishes to participate in the internal market, in accordance with the model for EEA countries;deleted
2020/04/16
Committee: REGI
Amendment 36 #

2020/2023(INI)

Draft opinion
Paragraph 5
5. Recalls the importance of extending the scope of the European Union Solidarity Fund to cover a part of the additional public expenditure incurred in preparation for, or as a consequence of, the end of the transition period without a subsequent agreement on the UK’s future relationship with the EU; calls on the Commission to put forward a proposal on the matter, mirroring the proposal previously made to cover a failure to ratify the Withdrawal Agreement, which was approved by Parliament on 24 October 20191. _________________ 1Amendments adopted by the European Parliament on 24 October 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2012/2002 in order to provide financial assistance to Member States to cover serious financial burden inflicted on them following a withdrawal of the United Kingdom from the Union without an agreement (COM(2019)0399 – C9-0111/2019 – 2019/0183(COD)), P9_TA(2019)0045.deleted
2020/04/16
Committee: REGI
Amendment 32 #

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

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

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 – introductory part
3. The Commission shall, in liaison with the Member States, ensure coordination and information exchange between the entities organizing and participating in any action, including, but not limited to joint procurement procedures, stockpiling and donation of medical countermeasures under different mechanisms established at Union level, in particular under:
2021/04/21
Committee: IMCO
Amendment 7 #

2020/0108(COD)

Proposal for a regulation
Recital 1
(1) The CovidOVID-19 pandemic is a major shock to the global and Union economy. Due to the necessary containment measures, economic activity in the EU dropped significantly. The contraction in EUMember States' GDP in 2020 is expected to be around 7.5%the worst since the Great Depression, far deeper than during the financial crisis in 2009. The outbreak of the pandemic has shown the interconnectivity of global supply chains and exposed some vulnerabilities such as the over-reliance of strategic industries on non-diversified external supply sources. Such vulnerabilities need to be addressed, to improve the Union’s emergency response as well as the resilience of the entire economy, while maintaining its openness to competition and trade in line with its rules. Investment activity is expected to have dropped significantly. Even before the pandemic, while a recovery in investment-to-GDP ratios in the Union could be observed, it remained below what might be expected in a strong recovery and was insufficient to compensate for years of underinvestment following the 2009 crisis. More importantly, the current investment levels and forecasts do not cover the Union’s needs for structural investment to restart and sustain long-term growth in the face of technological change and global competitiveness, including for innovation, skills, infrastructure, small and medium- sized enterprises (SMEs) and the need to address key societal challenges such as sustainability or population ageing. Consequently, in order to achieve the Union's policy objectives and to support a swift, inclusive and healthy economic recovery, support is necessary to address market failures and sub-optimal investment situations and to reduce the investment gap in targeted sectors.
2020/09/04
Committee: ENVI
Amendment 12 #

2020/0108(COD)

Proposal for a regulation
Recital 3
(3) In the last years, the Union has adopted ambitious strategies to complete the Single Mternal market and to stimulate sustainable and inclusive growth and jobs, such as 'Europe 2020 - A strategy for smart, sustainable and inclusive growth' of 3 March 2010, 'Action Plan on Building a Capital Markets Union' of 30 September 2015, 'A new European Agenda for Culture' of 22 May 2018, 'Clean Energy for all Europeans' of 30 November 2016, 'Closing the loop - An EU action plan for the Circular Economy' of 2 December 2015, 'A European Strategy for Low- Emission Mobility' of 20 July 2016, ‘European Defence Action Plan’ of 30 November 2016, 'Launching the European Defence Fund' of 7 June 2017, 'Space Strategy for Europe' of 26 October 2016, the Interinstitutional Proclamation on the European Pillar of Social Rights of 13 December 2017, the ‘European Green Deal’ of 11 December 2019, the ‘European Green Deal Investment Plan’ of 14 January 2020, the ‘Strong Social Europe for Just Transitions’ of 14 January 2020, the ‘Strategy for shaping Europe’s digital future’, the ‘Data Strategy’ and the ‘Artificial Intelligence Communication’ of 19 February 2020, ‘A New Industrial Strategy for Europe’ of 10 March 2020 and ‘SME Strategy for a sustainable and digital Europe’ of 10 March 2020. The InvestEU Fund should exploit and reinforce synergies between those mutually reinforcing strategies through providing support to investment and access to financing. (This amendment applies throughout the text.)
2020/09/04
Committee: ENVI
Amendment 13 #

2020/0108(COD)

Proposal for a regulation
Recital 4
(4) At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States, where appropriate in cooperation with local and regional authorities, develop their own national multiannual investment strategies in support of those reform priorities. Those strategies should be presented alongside the yearly national reform programmes as a way of outlining and coordinating priority investment projects that are to be supported by national funding, Union funding, or both. Those strategies should also use Union funding in a coherent manner and maximise the added value of the financial support to be received notably from the European structural and investment funds, the Recovery and Resilience Facility and the InvestEU Programme. However, country-specific recommendations have often had counterproductive macro- economic effects; notably, in the field of public health they have recommended the weakening of public health systems in several Member States, which therefore found themselves less equipped to deal with the COVID-19 outbreak.
2020/09/04
Committee: ENVI
Amendment 16 #

2020/0108(COD)

Proposal for a regulation
Recital 8
(8) The Union endorsed the objectives set out in the United Nations 2030 Agenda for Sustainable Development (the "2030 Agenda"), its Sustainable Development Goals (SDGs) and the Paris Agreement adopted under the United Nations Framework Convention on Climate Change24 ("Paris Agreement on Climate Change") as well as the Sendai Framework for Disaster Risk Reduction 2015-2030. To achieve those objectives, as well as those set out in the environmental policies of the Union, action pursuing sustainable development is to be stepped up significantly. Therefore, the principles of sustainable development should feature prominently in the design of the InvestEU Fund. _________________ 24 OJ L 282, 19.10.2016, p. 4.deleted
2020/09/04
Committee: ENVI
Amendment 21 #

2020/0108(COD)

Proposal for a regulation
Recital 9
(9) The InvestEU Programme should contribute to building a sustainable finance system in the Union which supports the reorientation of private capital towards sustainable investments in accordance with the objectives set out in the communication of the Commission of 8 March 2018 ‘Action Plan: Financing Sustainable Growth’ and the communication of the Commission of 14 January 2020 on the European Green Deal Investment Plan.deleted
2020/09/04
Committee: ENVI
Amendment 23 #

2020/0108(COD)

Proposal for a regulation
Recital 10
(10) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement on Climate Change and the SDGs, the InvestEU Programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the Union budget expenditures supporting climate objectives. Actions under the InvestEU Programme are expected to contribute 30 % of the overall financial envelope of the InvestEU Programme to climate objectives. Relevant actions will be identified during the InvestEU Programme's preparation and implementation and reassessed in the context of the relevant evaluations and review processes.deleted
2020/09/04
Committee: ENVI
Amendment 33 #

2020/0108(COD)

Proposal for a regulation
Recital 11
(11) The contribution of the InvestEU Fund to the achievement of the climate target will be tracked through a Union climate tracking system to be developed by the Commission in cooperation with potential implementing partners, appropriately using the criteria established by [Regulation on the establishment of a framework to facilitate sustainable investment25 ] for determining whether an economic activity is environmentally sustainable. The InvestEU Programme should also contribute to the implementation of other dimensions of the SDGs. _________________ 25. COM(2018)353.
2020/09/04
Committee: ENVI
Amendment 41 #

2020/0108(COD)

Proposal for a regulation
Recital 13
(13) Investment projects that receive substantial Union support, in particular in the area of infrastructure, should be screened by the implementing partner to determine whether they have an environmental, climate or social impact. Investment projects that have such an impact should be subject to sustainability proofing in accordance with guidance that should be developed by the Commission in close cooperation with potential implementing partners under the InvestEU Programme. This guidance should appropriately use the criteria established by [Regulation on establishment of a framework to facilitate sustainable investment] for determining whether an economic activity is environmentally sustainable and consistent with the guidance developed for other programmes of the Union. Consistent with the principle of proportionality, such guidance should include adequate provisions for avoiding undue administrative burdens, and projects below a certain size as to be defined in the guidance should be excluded from the sustainability proofing. Where the implementing partner concludes that no sustainability proofing is to be carried out, it should provide a justification to the Investment Committee established for the InvestEU Fund. Operations that are inconsistent with the achievement of the climate objectives should not be eligible for support under this Regulation.
2020/09/04
Committee: ENVI
Amendment 96 #

2020/0108(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) growth and employment in the Union economy, the sustainability of the Union economy and its environmental and climate dimension contributing to the achievement of the SDGs and the objectives of the Paris Agreement on Climate Change and to the creation of high-quality jobs;
2020/09/04
Committee: ENVI
Amendment 167 #

2020/0108(COD)

Proposal for a regulation
Article 7 – paragraph 6 – introductory part
6. Implementing partners shall apply a target of at least 60 % of the investment under the sustainable infrastructure policy window contributing to meeting the Union objectives on climate and environment.deleted
2020/09/04
Committee: ENVI
Amendment 194 #

2020/0108(COD)

Proposal for a regulation
Annex II – point 1 – introductory part
1. The development of the energy sector in accordance with the Energy Union priorities, including security of energy supply, clean energy transition and the commitments taken under the 2030 Agenda for Sustainable Development and the Paris Agreement on Climate Change, in particular through:
2020/09/04
Committee: ENVI
Amendment 206 #

2020/0108(COD)

Proposal for a regulation
Annex II – point 3 – point f
(f) climate change actions, climate adaptation and mitigadaptation, including natural hazard disaster risk reduction;
2020/09/04
Committee: ENVI
Amendment 209 #

2020/0108(COD)

Proposal for a regulation
Annex II – point 3 – point j
(j) projects that promote sustainable culturalcultural and landscape heritage.
2020/09/04
Committee: ENVI
Amendment 236 #

2020/0108(COD)

Proposal for a regulation
Annex V – part 2 – paragraph 1 – point 12 – point c
(c) projects equipped with carbon capture and storage or carbon capture and utilisation installations; industrial or research projects that lead to substantial reductions of greenhouse gas emissions as compared with the applicable EU Emission Trading System benchmarks
2020/09/04
Committee: ENVI
Amendment 238 #

2020/0108(COD)

Proposal for a regulation
Annex V – part 2 – paragraph 1 – point 15 – point b
(b) existing plants, where the investment is for the purpose of increasing energy efficiency, capturing exhaust gases for storage or use or recovering materials from incineration ashes, provided such investments do not result in an increase of the plants' waste processing capacity.
2020/09/04
Committee: ENVI
Amendment 1 #

2020/0106(COD)

Proposal for a regulation
Recital 1
(1) Commission estimates derived from firm-level data suggest that the equity repair needs resulting from the CovidOVID-19 pandemic could be in the region of EUR 720 billion in 2020. The number could go higher in case lockdown measures were to stay in place for longer than currently assumed, or if they had to be re-imposed due to a resurgence of contaminations. If left unaddressed these capital shortfalls may lead to a prolonged period of lower investment and higher unemployment. The impact of the capital shortfall will be uneven across sectors and Member States, leading to divergences in the singleternal market. This is compounded by the fact that the capacity of Member States to provide State aid differs greatly.
2020/07/20
Committee: ENVI
Amendment 7 #

2020/0106(COD)

Proposal for a regulation
Recital 4
(4) Companies supported under the Solvency Support Instrument should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model and not have been in difficulty in terms of the State aid framework7 already at end 2019. Support should be targeted at eligible companies operating in those Member States and sectors which are most impacted by the CovidOVID-19 crisis and/or where the availability of State solvency support is more limited. _________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1).
2020/07/20
Committee: ENVI
Amendment 11 #

2020/0106(COD)

Proposal for a regulation
Recital 10
(10) The financing and investment operations should be aligned with current policy priorities of the Union such as the European Green Deal and the Strategsupport a symmetric macroeconomic recovery oin shaping Europe’s digital future. Support to cross-border activities should also be targetedthe aftermath of the COVID-19 pandemic.
2020/07/20
Committee: ENVI
Amendment 19 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – point a – subparagraph 2
However, support under the solvency support window shall only be granted if it is to the benefit of companies that were not in difficulty in State aid terms8 already at the end of 2019 but since then face significant solvency risks due to the crisis caused by the CovidOVID-19 pandemic; _________________ 8 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
2020/07/20
Committee: ENVI
Amendment 26 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
The operations concerned shall be consistent with Union policies, including the European Green Deal9 and the Strategy on shaping Europe’s digital future10 , as well as supporting an inclusive and symmetrsupport a symmetric macroeconomic recovery in the aftermath of the COVID-19 pandemic, and supports well as any of the following general objectives:’ _________________ 9 10COM(2019)640 final. COM(2020)67 final.
2020/07/20
Committee: ENVI
Amendment 33 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 1 – point a
(a) target that at least 40 % of EFSI financing under the infrastructure and innovation window support project components that contribute to climate action, in line with the commitments made at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21). EFSI financing for SMEs and small mid- cap companies shall not be included in that computation. The EIB shall use its internationally agreed methodology to identify those climate action project components or cost shares;deleted
2020/07/20
Committee: ENVI
Amendment 42 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 1 – point b
(b) ensure that the majority of EFSI financing under the solvency support window is utilised to support eligible companies in Member States and sectors economically most hit by the CovidOVID-19 pandemic;
2020/07/20
Committee: ENVI
Amendment 44 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 1 – point c
(c) ensure that the majority of EFSI financing under the solvency support window is utilised to support eligible companies in Member States where the availability of State solvency support is more limited.
2020/07/20
Committee: ENVI
Amendment 58 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point a
Regulation (EU) 2015/1017
Annex II – Section 2 – point b – subparagraph 1
(b) The EU guarantee shall be granted to support, directly or indirectly, the financing of new operations. In the infrastructure field, both greenfield investments (asset creation) should be encouraged. Band brownfield investments (extension and modernisation of existing assets) may also beshall be encouraged and supported. Under the Solvency Support Window, financing shall aim at improving the equity base of companies and their solvency. The terms of the financing should avoid distorting competition between companies. As a rule, the EU guarantee shall not be granted for supporting refinancing operations (such as replacing existing loan agreements or other forms of financial support for projects which have already partially or fully materialised), except under the Solvency Support Window or in exceptional and well-justified circumstances where it is demonstrated that such a transaction will enable a new investment of an amount at least equivalent to the amount of the transaction and that would fulfil the eligibility criteria and general objectives laid down in Article 6 and Article 9(2) respectively.
2020/07/20
Committee: ENVI
Amendment 74 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – section 6 – point d – indent 5
— Companies targeted by funds, special purpose vehicles or investment platforms shall be encouraged to comply, to the extent possible,comply with minimum high- level social and environmental safeguards in line with guidance provided by the Steering Board. Such guidance should include adequate provisions for avoiding undue administrative burdens, taking into account the size of companies and including lighter provisions for SMEs. Companies with a certain level of exposure to a pre-defined list of environmentally harmful activities, in particular the sectors covered by the EU Emissions Trading System (EU ETS), shall be encouraged to put in place, in the future, green transition plans. Companies shall also be encouraged to advance in their digital transformation. Technical assistance shall be available to assist companies for the purpose of these transitions.
2020/07/20
Committee: ENVI
Amendment 2 #

2020/0104(COD)

Proposal for a regulation
Recital 3
(3) At Union level, the European Semester of economic policy coordination (‘European Semester’), including the principles of the European Pillar of Social Rights, is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reforms. Those strategies should be presented alongside theevery 3 yearls, by National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding.
2020/09/11
Committee: REGI
Amendment 4 #

2020/0104(COD)

Proposal for a regulation
Recital 3
(3) At Union level, the European Semester of economic policy coordination (‘European Semester’), including the principles of the European Pillar of Social Rights, is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reforms. Those strategies should be presented alongside the yearlyon a three-year basis as an annex to the National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding.
2020/09/09
Committee: ENVI
Amendment 6 #

2020/0104(COD)

Proposal for a regulation
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Members. The challenges linked to the demographic context have been amplified by COVID-19. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong and flexible economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long- term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms and investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies back on a sustainable recovery path and avoid further widening of the divergences in the Union.
2020/09/11
Committee: REGI
Amendment 8 #

2020/0104(COD)

Proposal for a regulation
Recital 5
(5) The implementation of the investments and reforms contributing to achieve a high degree of resilience of domestic economies, allowing constraints flexibility, strengthening adjustment capacity and unlocking growth potential without involving pro-cyclical effects are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
2020/09/11
Committee: REGI
Amendment 9 #

2020/0104(COD)

Proposal for a regulation
Recital 5
(5) The implementation of the investments and reforms contributing to achieve a high degree of resilience of domestic economies, allowing constraints flexibility, strengthening adjustment capacity and unlocking growth potential without involving pro-cyclical effects are among the Union’s policy priorities. They are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
2020/09/09
Committee: ENVI
Amendment 18 #

2020/0104(COD)

Proposal for a regulation
Recital 7
(7) Currently, nNo instrument should foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments of the Member States in response to challenges identified in the European Semester, and with a view to having a lasting impact on the productivity and resilience of the economy of the Member States.
2020/09/09
Committee: ENVI
Amendment 20 #

2020/0104(COD)

Proposal for a regulation
Recital 7
(7) Currently, nNo instrument should foresees direct financial support linked to the achievement of results and to implementation of reforms and public investments ofin the Member States in response to challenges identified in the European Semester, and with a view to having a lasting impact on the productivity and resilience of the economy of the Member States.
2020/09/11
Committee: REGI
Amendment 21 #

2020/0104(COD)

Proposal for a regulation
Recital 8
(8) Against this background, it is necessary to strengthenadapt the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step up the implementation of counter-cyclical reforms and related public investments in the Member States. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes.
2020/09/11
Committee: REGI
Amendment 26 #

2020/0104(COD)

(9) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions andcontribution to deliver results, taking into account, in particular, the costs of controls, and the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1)(a) of the Financial Regulation.
2020/09/11
Committee: REGI
Amendment 27 #

2020/0104(COD)

Proposal for a regulation
Recital 8
(8) Against this background, it is necessary to strengthenadapt the current framework for the provision of support to Member States and provide direct financial support to Member States through an innovative tool. To that end, a Recovery and Resilience Facility (the ‘Facility’) should be established under this Regulation to provide effective financial and significant support to step up the implementation of counter-cyclical reforms and related public investments in the Member States. The Facility should be comprehensive and should also benefit from the experience gained by the Commission and the Member States from the use of the other instruments and programmes.
2020/09/09
Committee: ENVI
Amendment 31 #

2020/0104(COD)

Proposal for a regulation
Recital 11
(11) Reflecting the European Green Deal as Europe’s sustainable growth strategy and the translation of the Union's commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the Facility established by this Regulation will contribute to mainstreaming climate actions and environmental sustainability and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives.deleted
2020/09/09
Committee: ENVI
Amendment 32 #

2020/0104(COD)

Proposal for a regulation
Recital 12
(12) In order to implementachieve these overall objectiveresults, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation. They will both play a priority role in relaunching and modernising our economy.
2020/09/11
Committee: REGI
Amendment 37 #

2020/0104(COD)

Proposal for a regulation
Recital 13
(13) In order to enable measures to be taken that link the Facility to sound economic governance, with a view to ensuring uniform implementing conditions, the power should be conferred on the Council to suspend, on a proposal from the Commission and by means of implementing acts, the period of time for the adoption of decisions on proposals for recovery and resilience plans and to suspend payments under this Facility, in the event of significant non-compliance in relation to the relevant cases related to the economic governance process laid down in the Regulation (EU) No XXX/XX of the European Parliament and of the Council [CPR] (…). The power to lift those suspensions by means of implementing acts, on a proposal from the Commission, should also be conferred on the Council in relation to the same relevant cases.deleted
2020/09/11
Committee: REGI
Amendment 43 #

2020/0104(COD)

Proposal for a regulation
Recital 12
(12) In order to implement these overall objectivesboost economical recovery, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation. They will both play a priority role in relaunching and modernising our economy.
2020/09/09
Committee: ENVI
Amendment 45 #

2020/0104(COD)

Proposal for a regulation
Recital 13
(13) In order to enable measures to be taken that link the Facility to sound economic governance, with a view to ensuring uniform implementing conditions, the power should be conferred on the Council to suspend, on a proposal from the Commission and by means of implementing acts, the period of time for the adoption of decisions on proposals for recovery and resilience plans and to suspend payments under this Facility, in the event of significant non-compliance in relation to the relevant cases related to the economic governance process laid down in the Regulation (EU) No XXX/XX of the European Parliament and of the Council [CPR] (…). The power to lift those suspensions by means of implementing acts, on a proposal from the Commission, should also be conferred on the Council in relation to the same relevant cases.deleted
2020/09/09
Committee: ENVI
Amendment 47 #

2020/0104(COD)

Proposal for a regulation
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustmentcompetition capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable and homogeneous growth.
2020/09/11
Committee: REGI
Amendment 48 #

2020/0104(COD)

Proposal for a regulation
Recital 15
(15) The specific objective of the Facility should be to provide financial support with a view to achieving the milestones and targets of countercyclical reforms and investments as set out in recovery and resilience plans. That specific objective should be pursued in close cooperation with the Member States concerned.
2020/09/11
Committee: REGI
Amendment 51 #

2020/0104(COD)

Proposal for a regulation
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the cohesion, of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities should be pursued in full respect of the climate and environmental priorities of the Uniongional development and the green and digital transitions.
2020/09/11
Committee: REGI
Amendment 54 #

2020/0104(COD)

Proposal for a regulation
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable growth.
2020/09/09
Committee: ENVI
Amendment 55 #

2020/0104(COD)

Proposal for a regulation
Recital 17
(17) Where a Member States is exempted from the monitoring and assessment of the European Semester on the basis of Article 12 of Regulation (EU) 472/201311 , or is subject to surveillance under Council Regulation (EC) No 332/200212 , it should be possible that the provisions of this regulation are applied to the Member State concerned in relation to the challenges and priorities identified by the measures set out under the regulations thereof. _________________ 11 12deleted OJ L 140 of 27.5.2013. OJ L 53 of 23.2.2002.
2020/09/11
Committee: REGI
Amendment 56 #

2020/0104(COD)

Proposal for a regulation
Recital 18
(18) To inform the preparation and the implementation of the recovery and resilience plans by Member States, the Council should be able to discuss, within the European Semester, the state of recovery, resilience, cohesion and adjustment capacity in the Union. To ensure appropriate evidence, this discussion should be based on the Commission’s strategic and analytical information available in the context of the European Semester and, if available, on the basis of the information on the implementation of the plans in the preceding years.
2020/09/11
Committee: REGI
Amendment 58 #

2020/0104(COD)

Proposal for a regulation
Recital 19
(19) In order to ensure a meaningful financial contribution commensurate to the actual needs of Member States to undertake and complete the reforms and investments included in the recovery and resilience plan, it is appropriate to establish a maximum financial contribution available to them under the Facility as far as the financial support (i.e. the non- repayable financial support) is concerned. That maximum contribution should be calculated on the basis of the population, taken into account the depopulation rate, the inverse of the per capita Gross Domestic Product (GDP and the fall of GDP due to the Covid-19 impact) and the relative unemployment rate of each Member State.
2020/09/11
Committee: REGI
Amendment 59 #

2020/0104(COD)

Proposal for a regulation
Recital 15
(15) The specific objective of the Facility should be to provide financial support with a view to achieving the milestones and targets of countercyclical reforms and investments as set out in recovery and resilience plans. That specific objective should be pursued in close cooperation with the Member States concerned.
2020/09/09
Committee: ENVI
Amendment 62 #

2020/0104(COD)

Proposal for a regulation
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift deliver of targets, objectives and contributions set out in national energy and climate plans and updates thereofby the Member States in the aftermath of the COVID-19 outbreak. All supported activities should be pursued in full respect of the climate and environmental prioritiestandards of the Union.
2020/09/09
Committee: ENVI
Amendment 67 #

2020/0104(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure the national ownership and a focus on relevant reforms and investments, Member States wishing to receive support should submit to the Commission a recovery and resilience plan that is duly reasoned and substantiated. The recovery and resilience plan should set out the detailed set of measures for its implementation, including targets and milestones, and the expected impact of the recovery and resilience plan on growth potential, job creation and economic and social resilience; it should also include measures that are relevant for the green and the digital transitions; it should also include an explanation of the consistency of the proposed recovery and resilience plan with the relevant country-specific challenges and priorities identified in the context of the European Semester. Close cooperation between the Commission and the Member States should be sought and achieved throughout the process.
2020/09/11
Committee: REGI
Amendment 68 #

2020/0104(COD)

Proposal for a regulation
Recital 17
(17) Where a Member States is exempted from the monitoring and assessment of the European Semester on the basis of Article 12 of Regulation (EU) 472/201311 , or is subject to surveillance under Council Regulation (EC) No 332/200212 , it should be possible that the provisions of this regulation are applied to the Member State concerned in relation to the challenges and priorities identified by the measures set out under the regulations thereof. _________________ 11 12deleted OJ L 140 of 27.5.2013. OJ L 53 of 23.2.2002.
2020/09/09
Committee: ENVI
Amendment 71 #

2020/0104(COD)

Proposal for a regulation
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
2020/09/11
Committee: REGI
Amendment 72 #

2020/0104(COD)

Proposal for a regulation
Recital 18
(18) To inform the preparation and the implementation of the recovery and resilience plans by Member States, the Council should be able to discuss, within the European Semester, the state of recovery, resilience, cohesion and adjustment capacity in the Union. To ensure appropriate evidence, this discussion should be based on the Commission’s strategic and analytical information available in the context of the European Semester and, if available, on the basis of the information on the implementation of the plans in the preceding years.
2020/09/09
Committee: ENVI
Amendment 74 #

2020/0104(COD)

Proposal for a regulation
Recital 19
(19) In order to ensure a meaningful financial contribution commensurate to the actual needs of Member States to undertake and complete the reforms and investments included in the recovery and resilience plan, it is appropriate to establish a maximum financial contribution available to them under the Facility as far as the financial support (i.e. the non- repayable financial support) is concerned. That maximum contribution should be calculated on the basis of the demographic trend (taking into account the depopulation rate), the inversempact of the per capitaCOVID-19 outbreak on the Gross Domestic Product (GDP) and the relative unemployment rate of each Member State.
2020/09/09
Committee: ENVI
Amendment 76 #

2020/0104(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure the national ownership and a focus on relevant reforms and investments, Member States wishing to receive support should submit to the Commission a recovery and resilience plan that is duly reasoned and substantiated. The recovery and resilience plan should set out the detailed set of measures for its implementation, including targets and milestones, and the expected impact of the recovery and resilience plan on growth potential, job creation and economic and social resilience; it should also include measures that are relevant for the green and the digital transitions; it should also include an explanation of the consistency of the proposed recovery and resilience plan with the relevant country-specific challenges and priorities identified in the context of the European Semesterbe ecologically responsible. Close cooperation between the Commission and the Member States should be sought and achieved throughout the process.
2020/09/09
Committee: ENVI
Amendment 79 #

2020/0104(COD)

Proposal for a regulation
Recital 27
(27) To ensure that the financial support is frontloaded in the initial years after the crisis, and to ensure compatibility with the available funding for this instrument, the allocation of funds to the Member States should be made available until 31 December 2024. To this effect, at least 670 percent of the amount available for non- repayable support should be legally committed by 31 December 2022. The remaining amount should be legally committed by 31 December 2024.
2020/09/11
Committee: REGI
Amendment 81 #

2020/0104(COD)

Proposal for a regulation
Recital 29
(29) The request for a loan should be justified by the financial needs linked to additional reforms and investments included in the recovery and resilience plan, notably relevant for the green and digital transitions, and by therefore, by a higher cost of the plan than the maximum financial contribution (to be) allocated via the non-repayable contribution. It should be possible to submit the request for a loan together with the submission of the plan. In case the request for loan is made at a different moment in time, it should be accompanied by a revised plan with additional milestones and targets. To ensure frontloading of resources, Member States should request a loan support at the latest by 31 August 2024. For the purposes of sound financial management, the total amount of all the loans granted under this Regulation should be capped. In addition, the maximum volume of the loan for each Member State should not exceed 4.7% of its Gross National Income. An increase of the capped amount should be possible in exceptional circumstances subject to available resources. For the same reasons of sound financial management,In any case it should be possible to pay the loan in instalments against the fulfilment of results.
2020/09/11
Committee: REGI
Amendment 83 #

2020/0104(COD)

Proposal for a regulation
Recital 30
(30) A Member State should have the possibility to make a reasoned request to amend the recovery and resilience plan within the period of implementation, where objective circumstances justify such a course of action. The Commission should assess the reasoned request and take a new decision within fourthree months.
2020/09/11
Committee: REGI
Amendment 83 #

2020/0104(COD)

Proposal for a regulation
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
2020/09/09
Committee: ENVI
Amendment 85 #

2020/0104(COD)

Proposal for a regulation
Recital 32
(32) For the purpose of sound financial management, specific rules should be laid down for budget commitments, payments, suspension, cancellation and recovery of funds. To ensure predictability, it should be possible for Member States to submit requests for payments on a biannual basis. Payments should be made in instalments and be based on a positive assessment by the Commission of the implementation of the recovery and resilience plan by the Member State. Suspension and cancellation of the financial contribution should be possible when the recovery and resilience plan has not been implemented in a satisfactory manner by the Member State. Appropriate contradictory procedures should be established to ensure that the decision by the Commission in relation to suspension, cancellation and recovery of amounts paid respects the right of Member States to provide observations.
2020/09/11
Committee: REGI
Amendment 87 #

2020/0104(COD)

Proposal for a regulation
Recital 33
(33) For effective monitoring of implementation, the Member States should report on a quarterly basis within the European Semester procesn annual basis on the progress made in the achievement of the recovery and resilience plan. Such reports prepared by the Member States concerned should be appropriately reflected in the National Reform Programmes, which should be used as a tool for reporting on progress towards completion of recovery and resilience plans.
2020/09/11
Committee: REGI
Amendment 94 #

2020/0104(COD)

Proposal for a regulation
Recital 27
(27) To ensure that the financial support is frontloaded in the initial years after the crisis, and to ensure compatibility with the available funding for this instrument, the allocation of funds to the Member States should be made available until 31 December 2024. To this effect, at least 670 percent of the amount available for non- repayable support should be legally committed by 31 December 2022. The remaining amount should be legally committed by 31 December 2024.
2020/09/09
Committee: ENVI
Amendment 95 #

2020/0104(COD)

Proposal for a regulation
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council14 , Council Regulation (Euratom, EC) No 2988/9515 ,Council Regulation (Euratom, EC) No 2185/9616 and Council Regulation (EU) 2017/193917 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights to the Commission, OLAF, the EPPO and the European Court of Auditors. _________________ 14Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1) 15 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1) 16 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292,15.11.96, p.2) 17Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1) 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29)
2020/09/11
Committee: REGI
Amendment 97 #

2020/0104(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3
3. ‘European Semester of economic policy coordination’ (hereinafter ‘European Semester’) means the process set out by Article 2-a of Council Regulation (EC) No 1466/97 of 7 July 199720 . _________________ 20Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1).deleted
2020/09/11
Committee: REGI
Amendment 97 #

2020/0104(COD)

Proposal for a regulation
Recital 29
(29) The request for a loan should be justified by the financial needs linked to additional countercyclical reforms and investments included in the recovery and resilience plan, notably relevant for the green and digital transitions, and by therefore, by a higher cost of the plan than the maximum financial contribution (to be) allocated via the non-repayable contribution. It should be possible to submit the request for a loan together with the submission of the plan. In case the request for loan is made at a different moment in time, it should be accompanied by a revised plan with additional milestones and targets. To ensure frontloading of resources, Member States should request a loan support at the latest by 31 August 2024. For the purposes of sound financial management, the total amount of all the loans granted under this Regulation should be capped. In addition, the maximum volume of the loan for each Member State should not exceed 4.7% of its Gross National Income. An increase of the capped amount should be possible in exceptional circumstances subject to available resources. For the same reasons of sound financial management, it should be possible to pay the loan in instalments against the fulfilment of results.
2020/09/09
Committee: ENVI
Amendment 100 #

2020/0104(COD)

Proposal for a regulation
Recital 30
(30) A Member State should have the possibility to make a reasoned request to amend the recovery and resilience plan within the period of implementation, where objective circumstances justify such a course of action. The Commission should assess the reasoned request and take a new decision within fourthree months.
2020/09/09
Committee: ENVI
Amendment 102 #

2020/0104(COD)

Proposal for a regulation
Recital 32
(32) For the purpose of sound financial management, specific rules should be laid down for budget commitments, payments, suspension, cancellation and recovery of funds. To ensure predictability, it should be possible for Member States to submit requests for payments on a biannual basis. Payments should be made in instalments and be based on a positive assessment by the Commission of the implementation of the recovery and resilience plan by the Member State. Suspension and cancellation of the financial contribution should be possible when the recovery and resilience plan has not been implemented in a satisfactory manner by the Member State. Appropriate contradictory procedures should be established to ensure that the decision by the Commission in relation to suspension, cancellation and recovery of amounts paid respects the right of Member States to provide observations.
2020/09/09
Committee: ENVI
Amendment 105 #

2020/0104(COD)

Proposal for a regulation
Recital 33
(33) For effective monitoring of implementation, the Member States should report on a quarteyearly basis within the European Semester process on the progress made in the achievement of the recovery and resilience plan. Such reports prepared by the Member States concerned should be appropriately reflected in the National Reform Programmes, which should be used as a tool for reporting on progress towards completion of recovery and resilience plans.
2020/09/09
Committee: ENVI
Amendment 109 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. To achieve that general objective, the specific objective of the Recovery and Resilience Facility shall be to provide Member States with financial support with a view to achieving the milestones and targets of countercyclical reforms and investments as set out in their recovery and resilience plans. That specific objective shall be pursued in close cooperation with the Member States concerned.
2020/09/11
Committee: REGI
Amendment 110 #

2020/0104(COD)

Proposal for a regulation
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council14 , Council Regulation (Euratom, EC) No 2988/9515and ,Council Regulation (Euratom, EC) No 2185/9616 and Council Regulation (EU) 2017/193917 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights to the Commission, OLAF, the EPPO and the European Court of Auditors. _________________ 14Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1) 15 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1) 16 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292,15.11.96, p.2) 17 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1) 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29)
2020/09/09
Committee: ENVI
Amendment 113 #

2020/0104(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The amounts referred to in paragraph 1(a) may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, which are required for the management of each instrument and the achievement of its objectives, in particular studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the Union, in so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of each instrument. EThe same amounts of expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of countercyclical reforms and investments.
2020/09/11
Committee: REGI
Amendment 113 #

2020/0104(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3
3. ‘European Semester of economic policy coordination’ (hereinafter ‘European Semester’) means the process set out by Article 2-a of Council Regulation (EC) No 1466/97 of 7 July 199720 . _________________ 20Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (OJ L 209, 2.8.1997, p. 1).deleted
2020/09/09
Committee: ENVI
Amendment 114 #

2020/0104(COD)

Proposal for a regulation
Article 6
Resources allocated to Member States under shared management may, at their request, be transferred to the Facility. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation. Those resources shall be used for the benefit of the Member State concerned.Article 6 deleted Resources from shared management programmes
2020/09/11
Committee: REGI
Amendment 124 #

2020/0104(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. In the event of significant non- compliance in relation to any of the cases laid down in Article 15(7) of the Regulation laying down common provisions on the […)][CPR], the Council shall, on a proposal from the Commission, adopt a decision by means of an implementing act to suspend the time period for the adoption of the decisions referred to in Articles 17(1) and 17(2) or to suspend payments under the Recovery and Resilience Facility. The decision to suspend payments referred to in paragraph 1 shall apply to payment applications submitted after the date of the decision to suspend. The suspension of the time period referred to in Article 17 shall apply from the day after the adoption of the decision referred to in paragraph 1. In case of suspension of payments Article 15(9) of Regulation laying down common provisions on the (…) shall apply.deleted
2020/09/11
Committee: REGI
Amendment 124 #

2020/0104(COD)

Proposal for a regulation
Article 3 – paragraph 1
The scope of application of the Recovery and Resilience Facility established by this Regulation shall refer to policy areas related to economic, social and territorial cohesion, the green and digital transitions, health, competitiveness, resilience, productivity, education and skills, research and innovation, smart, sustainable and inclusive growth, jobs and investment, and the stability of the financial systems.
2020/09/09
Committee: ENVI
Amendment 130 #

2020/0104(COD)

Proposal for a regulation
Article 10 – paragraph 1
A maximum financial contribution shall be calculated for each Member State for the allocation of the amount referred to in Article 5(1)(a), using the methodology set out in Annex I, based on the population taking into account the depopulation rate, the inverse of the per capita Gross Domestic Product (GDP and the fall of GDP due to the Covid-19 impact) and the relative unemployment rate of each Member State.
2020/09/11
Committee: REGI
Amendment 134 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth.
2020/09/09
Committee: ENVI
Amendment 135 #

2020/0104(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. For a period starting after 31 December 2022 until 31 December 2024, where financial resources are available, the Commission may organise calls in line with the calendar of the European Semester. To that effect, it shall publish an indicative calendar of the calls to be organised in that period, and shall indicate, at each call, the amount available for allocation. Each Member State may propose to receive up to a maximum amount corresponding to its allocation share of the available amount for allocation, as referred to in Annex I, to implement the recovery and resilience plan.
2020/09/11
Committee: REGI
Amendment 138 #

2020/0104(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point a
(a) the reasons for the loan support, justified by the higher financial needs linked to additional countercyclical reforms and investments;
2020/09/11
Committee: REGI
Amendment 139 #

2020/0104(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point b
(b) the additional countercyclical reforms and investments in line with Article 15;
2020/09/11
Committee: REGI
Amendment 140 #

2020/0104(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the additional countercyclical reforms and investments comply with the criteria set out in Article 16(3.
2020/09/11
Committee: REGI
Amendment 140 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. To achieve that general objective, the specific objective of the Recovery and Resilience Facility shall be to provide Member States with financial support with a view to achieving the milestones and targets of countercyclical reforms and investments as set out in their recovery and resilience plans. That specific objective shall be pursued in close cooperation with the Member States concerned.
2020/09/09
Committee: ENVI
Amendment 141 #

2020/0104(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point e
(e) the other elements needed for the implementation of the loan support in relation to the countercyclical reforms and the investment projects concerned in line with the decision referred to in Article 17(2).
2020/09/11
Committee: REGI
Amendment 146 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
2020/09/11
Committee: REGI
Amendment 146 #

2020/0104(COD)

2. The amounts referred to in paragraph 1(a) may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, which are required for the management of each instrument and the achievement of its objectives, in particular studies, meetings of experts, information and communication actions, including corporate communication of the political priorities of the Union, in so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of each instrument. EThe same amount of expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of countercyclical reforms and investments.
2020/09/09
Committee: ENVI
Amendment 148 #

2020/0104(COD)

Proposal for a regulation
Article 6
Resources from shared management Resources allocated to Member States under shared management may, at their request, be transferred to the Facility. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation. Those resources shall be used for the benefit of the Member State concerned.Article 6 deleted programmes
2020/09/09
Committee: ENVI
Amendment 149 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Where a Member States is exempted from the monitoring and assessment of the European Semester on the basis of Article 12 of Regulation (EU) 472/2013, or is subject to surveillance under Council Regulation (EC) No 332/2002, the provisions set out in this regulation shall be applied to the Member State concerned in relation to the challenges and priorities identified by the measures set out under the regulations thereof.deleted
2020/09/11
Committee: REGI
Amendment 153 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The recovery and resilience plan presented by the Member State concerned shall constitute an annex to its National Reform Programme and shall be officially submitted on a triannual basis at the latest by 30 April. A draft plan may be submitted by Member State starting from 15 October of the preceding year, together with the draft budget of the subsequent year.
2020/09/11
Committee: REGI
Amendment 153 #

2020/0104(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. In the event of significant non- compliance in relation to any of the cases laid down in Article 15(7) of the Regulation laying down common provisions on the […)][CPR], the Council shallmay, on a proposal from the Commission, adopt a decision by means of an implementing act to suspend the time period for the adoption of the decisions referred to in Articles 17(1) and 17(2) or to suspend payments under the Recovery and Resilience Facility.
2020/09/09
Committee: ENVI
Amendment 155 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point a
(a) an explanation of the way the relevant country-specific challenges and priorities identified in the context of the European Semester are expected to be addressed;deleted
2020/09/11
Committee: REGI
Amendment 156 #

2020/0104(COD)

Proposal for a regulation
Article 10 – paragraph 1
A maximum financial contribution shall be calculated for each Member State for the allocation of the amount referred to in Article 5(1)(a), using the methodology set out in Annex I, based on the demographic trend (taking into account the depopulation rate), the inverse of the per capitampact of COVID- 19 outbreak on the Gross Domestic Product (GDP) and the relative unemployment rate of each Member State.
2020/09/09
Committee: ENVI
Amendment 158 #

2020/0104(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. For a period starting after 31 December 2022 until 31 December 2024, where financial resources are available, the Commission may organise calls in line with the calendar of the European Semester. To that effect, it shall publish an indicative calendar of the calls to be organised in that period, and shall indicate, at each call, the amount available for allocation. Each Member State may propose to receive up to a maximum amount corresponding to its allocation share of the available amount for allocation, as referred to in Annex I, to implement the recovery and resilience plan.
2020/09/09
Committee: ENVI
Amendment 159 #

2020/0104(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point a
(a) the reasons for the loan support, justified by the higher financial needs linked to additional countercyclical reforms and investments;
2020/09/09
Committee: ENVI
Amendment 160 #

2020/0104(COD)

Proposal for a regulation
Article 12 – paragraph 3 – point b
(b) the additional countercyclical reforms and investments in line with Article 15;
2020/09/09
Committee: ENVI
Amendment 163 #

2020/0104(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) the additional countercyclical reforms and investments comply with the criteria set out in Article 16(3.
2020/09/09
Committee: ENVI
Amendment 164 #

2020/0104(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point e
(e) the other elements needed for the implementation of the loan support in relation to the countercyclical reforms and the investment projects concerned in line with the decision referred to in Article 17(2).
2020/09/09
Committee: ENVI
Amendment 170 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point d
(d) envisaged milestones, targets and an indicative timetable for the implementation of the reforms over a maximum period of four years, and of the investments over a maximum period of seven years;deleted
2020/09/11
Committee: REGI
Amendment 173 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point f
(f) the estimated total cost of the countercyclical reforms and investments covered by the recovery and resilience plan submitted (also referred as ‘estimated total cost of the recovery and resilience plan’) backed up by appropriate justification and how it is commensurate to the expected impact on the economy and employment;
2020/09/11
Committee: REGI
Amendment 175 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transitionby the Member States. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […]
2020/09/09
Committee: ENVI
Amendment 182 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. When assessing the recovery and 2. resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
2020/09/11
Committee: REGI
Amendment 183 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Where a Member States is exempted from the monitoring and assessment of the European Semester on the basis of Article 12 of Regulation (EU) 472/2013, or is subject to surveillance under Council Regulation (EC) No 332/2002, the provisions set out in this regulation shall be applied to the Member State concerned in relation to the challenges and priorities identified by the measures set out under the regulations thereof.deleted
2020/09/09
Committee: ENVI
Amendment 185 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester;deleted
2020/09/11
Committee: REGI
Amendment 188 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The recovery and resilience plan presented by the Member State concerned shall constitute an annex to its National Reform Programme and shall be officially submitted on a three-year basis at the latest by 30 April. A draft plan may be submitted by Member State starting from 15 October of the preceding year, together with the draft budget of the subsequent year.
2020/09/09
Committee: ENVI
Amendment 189 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point a
(a) an explanation of the way the relevant country-specific challenges and priorities identified in the context of the European Semester are expected to be addressed;deleted
2020/09/09
Committee: ENVI
Amendment 195 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to the challenges resulting from them;deleted
2020/09/09
Committee: ENVI
Amendment 200 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the countercyclical reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
2020/09/11
Committee: REGI
Amendment 202 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. In case the Member State concerned requests a loan support, the decision shall also set out the amount of the loan support as referred to in Article 12(4) and (5) and the additional countercyclical reforms and investment projects to be implemented by the Member State covered by that loan support, including the additional milestones and targets.
2020/09/11
Committee: REGI
Amendment 203 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point b
(b) the description of the countercyclical reforms and of the investment projects and the amount of the estimated total cost of the recovery and resilience plan;
2020/09/11
Committee: REGI
Amendment 205 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c – point 2
(2) as regards completion of reforms, the period by which the reforms must be implemented shall end no later than four years after the adoption of the decision.deleted
2020/09/11
Committee: REGI
Amendment 206 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) the relevant indicators relating to the fulfilment of the envisaged milestones and targets; andeleted
2020/09/11
Committee: REGI
Amendment 208 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Where the Commission gives a negative assessment to a recovery and resilience plan, it shall communicate a duly justified assessment within fourthree months of the submission of the proposal by the Member State.
2020/09/11
Committee: REGI
Amendment 210 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. The arrangements and timetable for implementation as referred to in point (d), the relevant indicators relating to the fulfilment of the envisaged milestones and targets referred to in point (e), the arrangements for providing access by the Commission to the underlying data referred to in point (f), and, where appropriate, the additional milestones and targets related to the disbursement of the loan support referred to in point (g) of paragraph 4 shall be further illustrated in an operational arrangement to be agreed by the Member State concerned and the Commission after the adoption of the decision referred to in paragraph 1.
2020/09/11
Committee: REGI
Amendment 211 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the new plan in accordance with the provisions of Article 16 and shall take a new decision in accordance with Article 17 within fourthree months of the official submission of the request.
2020/09/11
Committee: REGI
Amendment 213 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Member State concerned do not justify an amendment of the relevant recovery and resilience plan, it shall reject the request within four months of its official submission, after having given the Member State concerned the possibility to present its observations within a period of one month of the communication of the Commission’s conclusions.deleted
2020/09/11
Committee: REGI
Amendment 215 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. Where the Member State concerned has not taken the necessary measures within a period of six months from the suspension, the Commission shall cancel the amount of the financial contribution pursuant to Article 14(1) of the Financial Regulation after having given the Member State concerned the possibility to present its observations within two months from the communication of its conclusions.deleted
2020/09/11
Committee: REGI
Amendment 215 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point d
(d) envisaged milestones, targets and an indicative timetable for the implementation of the reforms over a maximum period of four years, and of the investments over a maximum period of seven years;deleted
2020/09/09
Committee: ENVI
Amendment 216 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. Where, within eighteen months of the date of the adoption the decision referred to in Article 17(1), no tangible progress has been made in respect of any relevant milestones and targets by the Member State concerned, the amount of the financial contribution shall be cancelled pursuant to Article 14(1) of the Financial Regulation. The Commission shall take a decision on the cancellation of the financial contribution after having given the Member State concerned the possibility to present its observations within a period of two months of the communication of its assessment as to whether no tangible progress has been made.deleted
2020/09/11
Committee: REGI
Amendment 218 #

2020/0104(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Member State concerned shall report on a quarterly basis within the European Semester procesn annual basis on the progress made in the achievement of the recovery and resilience plans, including the operational arrangement referred to in Article 17(6). To that effect, the quarterly reports of the Member States shall be appropriately reflected in the National Reform Programmes, which shall be used as a tool for reporting on progress towards completion of the recovery and resilience plans.
2020/09/11
Committee: REGI
Amendment 221 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point f
(f) the estimated total cost of the countercyclical reforms and investments covered by the recovery and resilience plan submitted (also referred as ‘estimated total cost of the recovery and resilience plan’) backed up by appropriate justification and how it is commensurate to the expected impact on the economy and employment;
2020/09/09
Committee: ENVI
Amendment 222 #

2020/0104(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The Commission shall transmit the recovery and resilience plans as approved in the implementing act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State.
2020/09/11
Committee: REGI
Amendment 229 #

2020/0104(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. For the purpose of the reporting on the activities referred to in paragraph 2, the Commission may use the content of the relevant documents officially adopted by the Commission under the European Semester as appropriate.deleted
2020/09/11
Committee: REGI
Amendment 230 #

2020/0104(COD)

2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, the efficiency of the use of resources and the European added value. It shall also consider the continued relevance of all objectives and actions.
2020/09/11
Committee: REGI
Amendment 230 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
2020/09/09
Committee: ENVI
Amendment 231 #

2020/0104(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The ex-post evaluation report shall consist of a global assessment of the instruments established by this Regulation and shall include information on its impact in the medium or long-term.
2020/09/11
Committee: REGI
Amendment 233 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – introductory part
3. The Commission shall assess the importance and coherence of the recovery and resilience plan and its contribution to the green and digital transitions, and for that purpose, shall take into account the following criteria:
2020/09/09
Committee: ENVI
Amendment 234 #

2020/0104(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The Commission shall implement information and communication actions relating to the instruments established by this Regulation, its actions and its results. Financial resources allocated to the instruments established by this Regulation shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Articles 4.deleted
2020/09/11
Committee: REGI
Amendment 235 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester;deleted
2020/09/11
Committee: REGI
Amendment 236 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point e
(e) whether the justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment;
2020/09/11
Committee: REGI
Amendment 237 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of countercyclical reforms and public investment projects that represent coherent actions;
2020/09/11
Committee: REGI
Amendment 237 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester;deleted
2020/09/09
Committee: ENVI
Amendment 238 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – introductory part
2.1 The recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressspecific reports prepared toby the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester.
2020/09/11
Committee: REGI
Amendment 239 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 1 – indent 1
— The recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations, including fiscal aspects, or in other relevant documents officially adopted by the Commission in the European Semester addressed to the Member States concernedMember States’ specific reports, including fiscal aspects,
2020/09/11
Committee: REGI
Amendment 239 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from them;deleted
2020/09/09
Committee: ENVI
Amendment 241 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 6
A – The recovery and resilience plan contributes to effectively address challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semester,specific reports proposed by the Member State concerned and the plan represents an adequate response to the economic and social situation of the Member State concerned.
2020/09/11
Committee: REGI
Amendment 242 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 7
B – The recovery and resilience plan contributes to partially address challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semesterspecific reports proposed by the Member State concerned and the plan represents a partially adequate response to the economic and social situation of the Member State concerned.
2020/09/11
Committee: REGI
Amendment 243 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 8
C – The recovery and resilience plan does not contribute to address any challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semesterspecific reports proposed by the Member State concerned and the plan does not represent an adequate response to the economic and social situation of the Member State concerned.
2020/09/11
Committee: REGI
Amendment 246 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 1 – indent 1
— the Member State provided sufficient information and evidence that the amount of the estimated total cost of the recovery and resilience plan is appropriate (“reasonable”);deleted
2020/09/11
Committee: REGI
Amendment 247 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 2
and — the Member State provided sufficient information and evidence that the amount of the estimated total cost of the recovery and resilience plan is in line with the nature and the type of the envisaged reforms and investments (“plausible”).deleted
2020/09/11
Committee: REGI
Amendment 259 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point e
(e) whether the justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment;
2020/09/09
Committee: ENVI
Amendment 262 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of countercyclical reforms and public investments projects that represent coherent actions;
2020/09/09
Committee: ENVI
Amendment 269 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall adopt a decision within four months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the countercyclical reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
2020/09/09
Committee: ENVI
Amendment 272 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. In case the Member State concerned requests a loan support, the decision shall also set out the amount of the loan support as referred to in Article 12(4) and (5) and the additional countercyclical reforms and investment projects to be implemented by the Member State covered by that loan support, including the additional milestones and targets.
2020/09/09
Committee: ENVI
Amendment 277 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point b
(b) the description of the countercyclical reforms and of the investment projects and the amount of the estimated total cost of the recovery and resilience plan;
2020/09/09
Committee: ENVI
Amendment 278 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point c – point 2
(2) as regards completion of reforms, the period by which the reforms must be implemented shall end no later than four years after the adoption of the decision.deleted
2020/09/09
Committee: ENVI
Amendment 279 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) the relevant indicators relating to the fulfilment of the envisaged milestones and targets; andeleted
2020/09/09
Committee: ENVI
Amendment 283 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Where the Commission gives a negative assessment to a recovery and resilience plan, it shall communicate a duly justified assessment within fourthree months of the submission of the proposal by the Member State.
2020/09/09
Committee: ENVI
Amendment 284 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. The arrangements and timetable for implementation as referred to in point (d), the relevant indicators relating to the fulfilment of the envisaged milestones and targets referred to in point (e), the arrangements for providing access by the Commission to the underlying data referred to in point (f), and, where appropriate, the additional milestones and targets related to the disbursement of the loan support referred to in point (g) of paragraph 4 shall be further illustrated in an operational arrangement to be agreed by the Member State concerned and the Commission after the adoption of the decision referred to in paragraph 1.
2020/09/09
Committee: ENVI
Amendment 286 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. Where the Commission considers that the reasons put forward by the Member State concerned justify an amendment of the relevant recovery and resilience plan, the Commission shall assess the new plan in accordance with the provisions of Article 16 and shall take a new decision in accordance with Article 17 within fourthree months of the official submission of the request.
2020/09/09
Committee: ENVI
Amendment 287 #

2020/0104(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Where the Commission considers that the reasons put forward by the Member State concerned do not justify an amendment of the relevant recovery and resilience plan, it shall reject the request within four months of its official submission, after having given the Member State concerned the possibility to present its observations within a period of one month of the communication of the Commission's conclusions.deleted
2020/09/09
Committee: ENVI
Amendment 290 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 3 – introductory part
3. Upon completion of the relevant agreed milestones and targets indicated in the recovery and resilience plan as approved in the implementing act of the Commission, the Member State concerned shall submit to the Commission a duly justified request for payment of the financial contribution and, where relevant, of the loan tranche. Such requests for payment may be submitted by the Member States to the Commission on a biannual basis. The Commission shall assess, within two months of receiving the request, whether the relevant milestones and targets set out in the decision referred to in Article 17(1) have been satisfactorily implemented. For the purpose of the assessment, the operational arrangement referred to in Article 17(6) shall also be taken into account. The Commission may be assisted by experts.
2020/09/09
Committee: ENVI
Amendment 295 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. Where the Member State concerned has not taken the necessary measures within a period of six months from the suspension, the Commission shall cancel the amount of the financial contribution pursuant to Article 14(1) of the Financial Regulation after having given the Member State concerned the possibility to present its observations within two months from the communication of its conclusions.deleted
2020/09/09
Committee: ENVI
Amendment 298 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. Where, within eighteen months of the date of the adoption the decision referred to in Article 17(1), no tangible progress has been made in respect of any relevant milestones and targets by the Member State concerned, the amount of the financial contribution shall be cancelled pursuant to Article 14(1) of the Financial Regulation. The Commission shall take a decision on the cancellation of the financial contribution after having given the Member State concerned the possibility to present its observations within a period of two months of the communication of its assessment as to whether no tangible progress has been made.deleted
2020/09/09
Committee: ENVI
Amendment 300 #

2020/0104(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Member State concerned shall report on a quarterly basis within the European Semester procesyearly basis on the progress made in the achievement of the recovery and resilience plans, including the operational arrangement referred to in Article 17(6). To that effect, the quarterly reports of the Member States shall be appropriately reflected in the National Reform Programmes, which shall be used as a tool for reporting on progress towards completion of the recovery and resilience plans.
2020/09/09
Committee: ENVI
Amendment 302 #

2020/0104(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The Commission shall transmit the recovery and resilience plans as approved in the implementing act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State.
2020/09/09
Committee: ENVI
Amendment 304 #

2020/0104(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The Commission may engage in communication activities to ensure the visibility of the Union funding for the financial support envisaged in the relevant recovery and resilience plan, including through joint communication activities with the national authorities concerned.deleted
2020/09/09
Committee: ENVI
Amendment 311 #

2020/0104(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. For the purpose of the reporting on the activities referred to in paragraph 2, the Commission may use the content of the relevant documents officially adopted by the Commission under the European Semester as appropriate.deleted
2020/09/09
Committee: ENVI
Amendment 312 #

2020/0104(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. The evaluation report shall, in particular, assess to which extent the objectives have been achieved, and the efficiency of the use of resources and the European added value. It shall also consider the continued relevance of all objectives and actions.
2020/09/09
Committee: ENVI
Amendment 315 #

2020/0104(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.deleted
2020/09/09
Committee: ENVI
Amendment 317 #

2020/0104(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The Commission shall implement information and communication actions relating to the instruments established by this Regulation, its actions and its results. Financial resources allocated to the instruments established by this Regulation shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Articles 4.deleted
2020/09/09
Committee: ENVI
Amendment 318 #

2020/0104(COD)

Proposal for a regulation
Annex I – paragraph 2 – indent 1
PopulationDemographic trend;
2020/09/09
Committee: ENVI
Amendment 324 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – introductory part
In accordance with Article 16(3), the Commission shall assess the importance and coherence of the recovery and resilience plans, and its contribution to the green and digital transitions, and for that purpose, it shall take into account the following criteria:
2020/09/09
Committee: ENVI
Amendment 326 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester;deleted
2020/09/09
Committee: ENVI
Amendment 328 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from them;deleted
2020/09/09
Committee: ENVI
Amendment 338 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point e
(e) whether the justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment;
2020/09/09
Committee: ENVI
Amendment 340 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 1 – point f
(f) whether the recovery and resilience plan contains measures for the implementation of countercyclical reforms and public investment projects that represent coherent actions;
2020/09/09
Committee: ENVI
Amendment 344 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – introductory part
2.1 The recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations addressspecific reports prepared toby the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester.
2020/09/09
Committee: ENVI
Amendment 346 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 1 – indent 1
— The recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations, including fiscal aspects, or in other relevant documents officially adopted by the Commission in the European Semester addressed to the Member States concernedMember States' specific reports, including fiscal aspects,
2020/09/09
Committee: ENVI
Amendment 348 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 6
A – The recovery and resilience plan contributes to effectively address challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semester,specific reports proposed by the Member State concerned and the plan represents an adequate response to the economic and social situation of the Member State concerned.
2020/09/09
Committee: ENVI
Amendment 349 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 7
B – The recovery and resilience plan contributes to partially address challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semesterspecific reports proposed by the Member State concerned and the plan represents a partially adequate response to the economic and social situation of the Member State concerned.
2020/09/09
Committee: ENVI
Amendment 350 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.1 – paragraph 1 – subparagraph 8
C – The recovery and resilience plan does not contribute to address any challenges identified in the CSRs, or in other relevant documents officially adopted by the Commission in the European Semesterspecific reports proposed by the Member State concerned and the plan does not represent an adequate response to the economic and social situation of the Member State concerned.
2020/09/09
Committee: ENVI
Amendment 351 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.2
2.2 The plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from them. The Commission shall take into account the following elements for the assessment under this criterion: Scope — the implementation of the envisaged measures is expected to significantly contribute to establish climate- and environmental-friendly systems and to the greening of economic or social sectors with a view to contribute to the overall objective of a climate-neutral Europe by 2050; or — the implementation of the envisaged measures is expected to significantly contribute to the digital transformation of economic or social sectors; or — the implementation of the envisaged measures is expected to significantly contribute to address the challenges resulting from the green and/or digital transitions and — the implementation of the envisaged measures is expected to have a lasting impact. Rating A – To a large extent B – To a moderate extent C – To a small extentdeleted
2020/09/09
Committee: ENVI
Amendment 384 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.4 – paragraph 1 – subparagraph 1 – indent 1
— the recovery and resilience plan contains measures that aim at addressing weaknesses of the economy of the Member States and at boosting the growth potential of the economy of the Member State concerned, stimulating job creation and mitigating the adverse effects of the crisis, while avoiding adverse impacts of those measures on climate and environment.
2020/09/09
Committee: ENVI
Amendment 388 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – introductory part
2.5 The justification provided by the Member State on the amount of the estimated total costs of the recovery and resilience plan is reasonable and plausible and is commensurate to the expected impact on the economy and employment;
2020/09/09
Committee: ENVI
Amendment 389 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 1 – indent 1
— the Member State provided sufficient information and evidence that the amount of the estimated total cost of the recovery and resilience plan is appropriate (“reasonable”);deleted
2020/09/09
Committee: ENVI
Amendment 390 #

2020/0104(COD)

Proposal for a regulation
Annex II – point 2 – paragraph 3 – point 2.5 – paragraph 1 – subparagraph 2 – indent 1
— the Member State provided sufficient information and evidence that the amount of the estimated total cost of the recovery and resilience plan is in line with the nature and the type of the envisaged reforms and investments (“plausible”).deleted
2020/09/09
Committee: ENVI
Amendment 189 #

2020/0102(COD)

Proposal for a regulation
Recital 12
(12) With a view to protecting people in vulnerable situations, including those suffering from mental illnesses, non- communicable diseases and chronic diseases, the Programme should also promote actions which address the collateral impacts of the health crisis on people belonging to such vulnerable groups. With a view to guaranteeing continued high standards of essential healthcare services, the Programme should, especially in times of crisis and pandemics, encourage a transition to telemedicine, home administration of medication, and implementation of preventative and self-care plans, where possible and appropriate, while ensuring that access to healthcare services is provided to chronic patients, taking into account the respective levels of digitisation of the Member States and problems of access to digital solutions in remote areas or for certain population groups.
2020/07/16
Committee: ENVI
Amendment 197 #

2020/0102(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) Correlations have been observed between health and/or economic crises and a worrying increase in depressive tendencies resulting from the effects of reduced disposable income, uncertainty about the future and growing unemployment. The Programme should therefore provide support for national actions aimed at integrating mental health into all policies and promoting mental health in all areas, including school and work, and for preventive actions to combat depression and suicide.
2020/07/16
Committee: ENVI
Amendment 241 #

2020/0102(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) The Programme should provide for equal access to healthcare. ‘Socioeconomic health inequalities’ cover situations ranging from unequal access to treatment, fragmented access across regions and differences in health status based on economic conditions, to the distribution of health determinants between different population groups. The individual Member States are responsible for developing social and health polices to tackle the national challenges linked to health inequalities.
2020/07/16
Committee: ENVI
Amendment 255 #

2020/0102(COD)

Proposal for a regulation
Recital 17
(17) Non-communicable diseases are a result of a combination of genetic, physiological, environmental and behavioural factors. Such non- communicable diseases as cardiovascular diseases, cancer, neurological disorders, chronic respiratory diseases, and diabetes, represent major causes of disability, ill- health, health- related retirement, and premature death in the Union, resulting in considerable social and economic impacts. To decrease the impact of non- communicable diseases on individuals and society in the Union and reach goal 3 of the Sustainable Development Goals, Target 3.4, to reduce premature mortality from non- communicable diseases by one third by 2030, it is key to provide an integrated response focusing on prevention across sectors and policy fields, combined with efforts to strengthen health systems.
2020/07/16
Committee: ENVI
Amendment 299 #

2020/0102(COD)

Proposal for a regulation
Recital 19
(19) Cancer is the second leading cause of mortality in the Member States after cardiovascular diseases. It is also one of non-communicable diseases that share common risk factors and the prevention and control of which would benefit the majority of citizens. In 2020 the Commission announced the ‘Europe’s Beating Cancer Plan’ which would cover the entire cycle of the disease starting from prevention and early diagnosis to treatment and quality of life of patients and survivors. The measures should benefit from the Programme and from Horizon Europe’s Mission on Cancer. The actions on cancer should also address its common risk factors and synergies with other major non-communicable diseases, such as neurological diseases, and consider devising a template for other major disease areas based on the ‘Europe’s Beating Cancer Plan’.
2020/07/16
Committee: ENVI
Amendment 312 #

2020/0102(COD)

Proposal for a regulation
Recital 19 a (new)
(19a) Heart attacks and strokes often occur in people previously undiagnosed with cardiovascular diseases. Many of these are due to undetected genetic conditions, such as familial hypercholesterolaemia, arrhythmias, congenital heart disease and cardiomyopathies, and conditions such as hypertension. The Programme should support the development of policies and interventions to identify and manage individuals at high risk of developing cardiovascular disease in order to prevent the onset of the disease and reduce mortality.
2020/07/16
Committee: ENVI
Amendment 568 #

2020/0102(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 6
(6)support action for the surveillance, prevention, diagnosis and treatment and care of non-communicable diseases, and notably of cancer, while addressing its synergies with other major non- communicable diseases, such as neurological disorders;
2020/07/16
Committee: ENVI
Amendment 640 #

2020/0102(COD)

Proposal for a regulation
Article 16 – paragraph 1
The Commission shall consult the health authorities of the Member States in the Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases on the work plans established for the Programme and its priorities and strategic orientations and its implementation. Consideration should be given to promoting synergies between European funds and national funds/resources to ensure long-term effectiveness and sustainability of the actions.
2020/07/16
Committee: ENVI
Amendment 666 #

2020/0102(COD)

Proposal for a regulation
Annex I – point a – point ii a (new)
(iia.) Local production of medicinal plants in the Member States;
2020/07/16
Committee: ENVI
Amendment 668 #

2020/0102(COD)

Proposal for a regulation
Annex I – point a – point ii b (new)
(iib.) Production of active ingredients and generics within the European Union to reduce the Member States’ dependence on certain third countries.
2020/07/16
Committee: ENVI
Amendment 740 #

2020/0102(COD)

Proposal for a regulation
Annex I – point d a (new)
(da.)Development of the capacity and resources of patients’ organisations to increase patients’ contribution to health policy planning and implementation.
2020/07/16
Committee: ENVI
Amendment 765 #

2020/0102(COD)

Proposal for a regulation
Annex I – point f – point v
(v) Actions to address the collateral health consequences of a health crisis, in particular those on mental health, onin addition to social exclusion and financial hardship, often experienced by patients suffering from chronic diseases and other vulnerable groups;
2020/07/16
Committee: ENVI
Amendment 768 #

2020/0102(COD)

Proposal for a regulation
Annex I – point f – point v a (new)
(va.) With patient safety as a top priority, actions to facilitate the availability of accessible and affordable telemedicine services for all patients throughout Europe, and to support digital literacy and a transition to telemedicine, home administration of treatment and medication, and implementation of preventative and self-care plans, while involving patients’ organisations in evaluating, identifying and implementing the best possible solutions in terms of continued access to high-quality care and treatment;
2020/07/16
Committee: ENVI
Amendment 809 #

2020/0102(COD)

Proposal for a regulation
Annex I – point g – point vi a (new)
(via.) Support actions promoting mental health in the workplace and in schools; promote actions to combat depression and suicide; develop socially inclusive forms of mental health care;
2020/07/16
Committee: ENVI
Amendment 819 #

2020/0102(COD)

Proposal for a regulation
Annex I – point g – point ix a (new)
(ixa.) Support the establishment and implementation of evidence-based programmes assisting Member States and their actions to improve health promotion, health literacy and disease prevention (for communicable and non-communicable diseases);
2020/07/16
Committee: ENVI
Amendment 910 #

2020/0102(COD)

Proposal for a regulation
Annex I – point h – point x a (new)
(xa.) Support actions to tackle common, shared risk factors and synergies between cancer and other major non- communicable diseases, such as neurological disorders, and to render the European cancer plan a template for other major disease areas;
2020/07/16
Committee: ENVI
Amendment 918 #

2020/0102(COD)

Proposal for a regulation
Annex I – point h – point x b (new)
(xb) Building on Europe’s cancer plan, support the creation of a template for other major disease areas, such as neurological disorders;
2020/07/16
Committee: ENVI
Amendment 944 #

2020/0102(COD)

Proposal for a regulation
Annex I – point i – point iv a (new)
(iva) Foster a supportive environment for meaningful patient and public involvement in clinical trials, starting with the design phase and ending with dissemination;
2020/07/16
Committee: ENVI
Amendment 63 #

2020/0101(COD)

Proposal for a regulation
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, for the years 2020, 2021 and 2022 should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic orand preparing a green, digital and resilientthe recovery of the economy, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022 stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021 to distribute the 2022 tranche of the additional resources. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2020/07/24
Committee: REGI
Amendment 67 #

2020/0101(COD)

Proposal for a regulation
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
2020/07/24
Committee: REGI
Amendment 81 #

2020/0101(COD)

Proposal for a regulation
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5 , Member States should continue to be allowed to use the additional resources primarily for investments in products and services for health services, for providing support in the form of working capital or investment support to SMEs, in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens, including in rural, insular and mountainous areas, or economic support measures for those regions most dependent on sectors most affected by the crisis. Technical assistance starting from the preliminary stages should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”, which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
2020/07/24
Committee: REGI
Amendment 97 #

2020/0101(COD)

Proposal for a regulation
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support job maintenance, including in rural, insular and mountainous areas, as well as through short-time work schemes and support to self-employed, job creation, in particular for peoplecitizens in vulnerable situations, support to youth employment measures, education and training, skills development and to enhance access to social services of general interest, including for children. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short-time work schemes should be limited in time.
2020/07/24
Committee: REGI
Amendment 123 #

2020/0101(COD)

Proposal for a regulation
Recital 15
(15) With a view to allow the targeting of these additional resources to the geographic areas where they are most needed, as an exceptional measure and without prejudice to the general rules for allocating Structural Funds resources, the additional resources allocated to the ERDF and the ESF are not to be broken down per category of region. However, Member States are expected to take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions, in accordance with the objectives of economic, social and territorial cohesion set out in Article 173 TFEU. Member States should also involve local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principles.deleted
2020/07/24
Committee: REGI
Amendment 140 #

2020/0101(COD)

Proposal for a regulation
Recital 19
(19) In view of the COVID-19 pandemic and the urgency to address the associated public health crisis, it is considered necessary to use the exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.deleted
2020/07/24
Committee: REGI
Amendment 163 #

2020/0101(COD)

Each Member State shall allocate the additional resources available for programming under the ERDF and the ESF to operational programmes, involving local and regional authorities, in accordance with the partnership principle. Up to 5% of the additional resources shall be used for cross-border projects.
2020/07/24
Committee: REGI
Amendment 172 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 6
6. Up to 4% of the total additional resources under the ERDF and the ESF may be allocated to technical assistance starting from the preliminary stages under any existing operational programme supported from the ERDF or the ESF or the new operational programme referred to in paragraph 11.
2020/07/24
Committee: REGI
Amendment 204 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 4
For the ESF, the additional resources shall primarily be used to support job maintenance, including through short-time work schemes and support to self- employed, even when that support is not combined with active labour market measures, unless the latter are imposed by national law. The additional resources shall also support job creation, in particular for peoplecitizens in vulnerable situations, youth employment measures, education and training, skills development, in particular to support the twin green and digital transitions, and to enhance access to social services of general interest, including for children.
2020/07/24
Committee: REGI
Amendment 216 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 9 – subparagraph 5
The revised financing plan set out in Article 96(2)(d) shall set out the allocation of the additional resources for the years 2020, 2021 and, where applicable, for 2022 without identifying amounts for the performance reserve and with no breakdown per category of regions.
2020/07/24
Committee: REGI
Amendment 222 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 10 – subparagraph 4 a (new)
By way of derogation from Article 29(3) and (4) and Article 30(2), the Commission shall approve any new dedicated operational programme or any amendment to an existing programme within 10 working days of its submission by a Member State.
2020/07/24
Committee: REGI
Amendment 252 #

2020/0101(COD)

Proposal for a regulation
Article 1 a (new)
Article 1a The Commission shall provide the European Parliament and the Council with an evaluation report on REACT-EU by 31 December 2023, covering budgetary commitments and payments, where possible, for the years 2020, 2021 and 2022. That report shall include information on the achievement of the objectives of REACT-EU, the efficiency of the use of its resources, the types of actions financed, the beneficiaries and final recipients of the financial allocations as well as its European added value in aiding the economic recovery.
2020/07/24
Committee: REGI
Amendment 255 #

2020/0101(COD)

Proposal for a regulation
Annex I – paragraph 1
Regulation (EU) No 1303/2013
Annex VII a – paragraph 3 – point b
(b) For the number of people unemployed and the number of young people unemployed the reference period shall be: the average of June to AugustApril to June 2020.
2020/07/24
Committee: REGI
Amendment 257 #

2020/0101(COD)

Proposal for a regulation
Annex I – paragraph 1
Regulation (EU) No 1303/2013
Annex VII a – paragraph 4 – point b
(b) For the number of people unemployed and the number of young people unemployed the reference period shall be: the average of June to AugustApril to June 2021.
2020/07/24
Committee: REGI
Amendment 5 #

2020/0100(COD)

Proposal for a regulation
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards an allegedly new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve climate neutrality in the Union by 2050 in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challengetransition towards a climate-neutral economy while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
2020/09/04
Committee: ENVI
Amendment 12 #

2020/0100(COD)

Proposal for a regulation
Recital 3
(3) The proposal for establishing the Just Transition Fund was adopted by the Commission on 14 January 202011 . For the better programming and implementation of the Fund, territorial just transition plans are to be adopted, setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy and with less capacity to deal with the transition challendamages. _________________ 11 COM(2020) 22 final
2020/09/04
Committee: ENVI
Amendment 20 #

2020/0100(COD)

Proposal for a regulation
Recital 4
(4) A public sector loan facility (the ‘Facility’) should be provided. It constitutes the third pillar of the Just Transition Mechanism, supporting public sector entities in their investments. Such investments should meet the development needs resulting from the transition challendamages described in the territorial just transition plans as adopted by the Commission. The activities envisaged for support should be consistent with and complement those supported under the other two pillars of the Just Transition Mechanism.
2020/09/04
Committee: ENVI
Amendment 21 #

2020/0100(COD)

Proposal for a regulation
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smart waste and water management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re- skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used.
2020/09/01
Committee: REGI
Amendment 26 #

2020/0100(COD)

Proposal for a regulation
Recital 5
(5) In order to enhance the economic diversification of territories impacted by the transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards a climate neutral economy, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smalocal public transport, waste management, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination, as well as up- and re- skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challendamages resulting from the adjustment to climathe transition. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities may be used towards a climate-neutral economy.
2020/09/04
Committee: ENVI
Amendment 26 #

2020/0100(COD)

Proposal for a regulation
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.
2020/09/01
Committee: REGI
Amendment 39 #

2020/0100(COD)

Proposal for a regulation
Recital 19
(19) In accordance with the Financial Regulation and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council Regulations (Euratom, EC) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute offences against the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, and OLAF, the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, and the European Court of Auditors (ECA), and ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
2020/09/01
Committee: REGI
Amendment 41 #

2020/0100(COD)

Proposal for a regulation
Recital 20
(20) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of delegating further certain implementation tasks to executive agencies as well as of the amendment of the elements contained in Annex II of this Regulation regarding the key performance indicators. It is of particular importance that the Commission can carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement of 13 April 2016 on Better Law-Making. 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.deleted
2020/09/01
Committee: REGI
Amendment 44 #

2020/0100(COD)

Proposal for a regulation
Recital 21
(21) In order to set out an appropriate financial framework for the grant component of this Facility until 31 December 2024, implementing powers should be conferred on the Commission to set out the available national allocations expressed as shares of the overall financial envelope of the Facility for each Member State in accordance with the methodology set out in Annex I of Regulation [the JTF Regulation]. The implementing powers should be conferred without comitology procedures given that the shares derive directly from the application of a pre- defined calculation methodology.
2020/09/01
Committee: REGI
Amendment 45 #

2020/0100(COD)

Proposal for a regulation
Recital 22
(22) The objective of this Regulation, namely to leverage public investment in territories, most impacted by the transition towards climate neutrality by addressing the corresponding development needs, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are the difficulties for public entities to support investments, which do not generate sufficient streams of own revenues and benefit the territories most negatively impacted by climathe transition, without EU grant support towards a climate-neutral economy, due to the Union's restrictive economic and budgetary policies and the need for a coherent implementation framework under direct management. Since those objectives can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
2020/09/04
Committee: ENVI
Amendment 49 #

2020/0100(COD)

Proposal for a regulation
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards a climate-neutral economy of the Union bystarting from 2050.
2020/09/01
Committee: REGI
Amendment 54 #

2020/0100(COD)

Proposal for a regulation
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challendamages deriving from the transition process towards a climate-neutral economy of the Union by 2050.
2020/09/04
Committee: ENVI
Amendment 63 #

2020/0100(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challendamages deriving from the transition process towards a climate-neutral economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation].
2020/09/04
Committee: ENVI
Amendment 84 #

2020/0100(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challendamages deriving from the transition process towards a climate-neutral economy and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
2020/09/04
Committee: ENVI
Amendment 104 #

2020/0100(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 17 to amend Annex II by modifying the indicators referred to in paragraph 1.
2020/09/01
Committee: REGI
Amendment 109 #

2020/0100(COD)

Proposal for a regulation
Article 17
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission until 31 December 2028. 3. The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.Article 17 deleted Exercise of the delegation
2020/09/01
Committee: REGI
Amendment 112 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 6 – point 6.1
6.1 Transport infrastructure
2020/09/04
Committee: ENVI
Amendment 113 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 6 – point 6.3
6.3 Public utilities (water, wastewater, district heating, energy, waste management, local transport)
2020/09/04
Committee: ENVI
Amendment 115 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 6 a (new)
6 a. Number of net jobs created
2020/09/04
Committee: ENVI
Amendment 116 #

2020/0100(COD)

Proposal for a regulation
Annex II – point 7
7. GPolluting and greenhouse gas emission reduced
2020/09/04
Committee: ENVI
Amendment 32 #

2020/0036(COD)

Proposal for a regulation
Recital 1
(1) The Commission has, in its Communication of 11 December 2019 entitled ‘The European Green Deal’19 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions of greenhouse gases in 2050 and where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. At the same time, this transition must be just and inclusive, leaving no one behind. _________________ 19 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
2020/06/09
Committee: REGI
Amendment 42 #

2020/0036(COD)

Proposal for a regulation
Recital 3
(3) A fixed long-term objective is crucialimportant to contribute to economic and societal transformation, jobs, growth, and the achievement of the United Nations Sustainable Development Goals, as well as to move in a fair and cost-effective manner towards the temperature goal of the 2015 Paris Agreement on climate change following the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’).
2020/06/09
Committee: REGI
Amendment 48 #

2020/0036(COD)

Proposal for a regulation
Recital 5
(5) The Union’s and the Member States’ climate action aims to protect people and the planet, welfare, prosperity, health, food systems, the integrity of eco- systems and biodiversity against the threat of climate change, in the context of the 2030 agenda for sustainable development and in pursuit of the objectives of the Paris Agreement, and; it also seeks to maximize prosperity within the planetary boundaries and to, increase resilience and reduce vulnerability of society to climate change, bearing in mind also the economic fallout of the COVID-19 pandemic and the resulting recession.
2020/06/09
Committee: REGI
Amendment 63 #

2020/0036(COD)

Proposal for a regulation
Recital 6
(6) Achieving climate neutrality shouldnecessarily requires a contribution fromn impact assessment of every measure on all economic sectors. In light of the importance of energy production and consumption on greenhouse gas emissions, the transition to an environmentally and economically sustainable, affordable and secure energy system relying on a well- functioning internal energy market is essentialneeded. The digital transformation, technological innovation, and research and development are also important drivers for achieving the climate-neutrality objective.
2020/06/09
Committee: REGI
Amendment 79 #

2020/0036(COD)

Proposal for a regulation
Recital 11
(11) TBefore the COVID-19 pandemic, the European Parliament called for the necessarya transition to a climate- neutral society by 2050 at the latest and for this to be made into a European success story33 and has declared a climate and environment emergency34 . The European Council, in its Conclusions of 12 December 201935 , has agreed on the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement, while also recognising that it is necessary to put in place an enabling framework and that the transition will require significant public and private investment. The European Council also invited the Commission to prepare a proposal for the Union’s long- term strategy as early as possible in 2020 with a view to its adoption by the Council and its submission to the United Nations Framework Convention on Climate Change. _________________ 33European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)). 34European Parliament resolution of 28 November 2019 on the climate and environment emergency (2019/2930(RSP)). 35 Conclusions adopted by the European Council at its meeting on 12 December 2019, EUCO 29/19, CO EUR 31, CONCL 9.
2020/06/09
Committee: REGI
Amendment 87 #

2020/0036(COD)

Proposal for a regulation
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union byfrom 2050, in line with the priority objective of economic recovery. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
2020/06/09
Committee: REGI
Amendment 90 #

2020/0036(COD)

Proposal for a regulation
Recital 12
(12) The Union should aim to achieve a balance between anthropogenic economy- wide emissions and removals, through natural and technological solutions, of greenhouse gases domestically within the Union byfrom 2050. The Union-wide 2050 climate-neutrality objective should be pursued by all Member States collectively, and the Member States, the European Parliament, the Council and the Commission should take the necessary measures to enable its achievement. Measures at Union level will constitute an important part of the measures needed to achieve the objective.
2020/06/09
Committee: REGI
Amendment 95 #

2020/0036(COD)

Proposal for a regulation
Recital 13
(13) The Union should continue its climate action and international climate leadership after 2050, in order to protect people and the planet against the threat of dangerous climate change, in pursuit of the temperature goals set out in the Paris Agreement and following the scientific recommendations of the IPCC.
2020/06/09
Committee: REGI
Amendment 110 #

2020/0036(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Pursuit of the European and national climate neutrality objective must be aligned with effective post-pandemic economic recovery in all Member States; the fundamental European objectives of territorial cohesion, homogeneous regional development and effective European business competitiveness at global level must always be guaranteed and never compromised by any measures taken under the new Climate Act.
2020/06/09
Committee: REGI
Amendment 115 #

2020/0036(COD)

Proposal for a regulation
Recital 16
(16) The transition to climate neutrality requires gradual and progressive changes across the entire policy spectrum and a collective effort of all sectors of the economy and society, as illustrated by the Commission in its Communication ‘The European Green Deal’. The European Council, in its Conclusions of 12 December 2019, stated that all relevant Union legislation and policies need to be consistent with, and contribute to, the fulfilment of the climate- neutrality objective while respecting a level playing field, and invited the Commission to examine whether this requires an adjustment of the existing rules.
2020/06/09
Committee: REGI
Amendment 127 #

2020/0036(COD)

Proposal for a regulation
Recital 17
(17) The Commission, in its Communication ‘The European Green Deal’, announced its intention to assess and make proposals for increasing the Union’s greenhouse gas emission reduction target for 2030 to ensure its consistency with the climate-neutrality objecOVID-19 containment measures will trigger the sharpest economic downturn since the Great Depression. Achieving climate neutrality within the timeframe set by the European Council would have a pro-cyclical effect at a tivme for 2050. In that Communication, the Commission underlined that all Union policies should contribute to thewhen it is of paramount importance to implement robust anti- cyclical policies. For this reason, achievement of climate- neutrality objective and that all sectors should play their partmust take second place to full economic recovery in all Member States. By SeptDecember 20201, the Commission should, based on a comprehensive impact assessment and taking into accountthat takes into account the medium to long-term socio-economic consequences of the pandemic, as well as its analysis of the integrated national energy and climate plans submitted to the Commission in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council36, review the Union’s 2030 target for climate and explore options for a new 2030 target of 50 to 55 % emission reductions compared with 1990 levelsthat are more in line with the new economic reality of Europe and the world. Where it considers necessary to amend the Union’s 2030 target, it should make proposals to the European Parliament and to the Council to amend this Regulation as appropriate. In addition, the Commission should, by 30 June 2021, assess how the Union legislation implementing that target would need to be amended in order to achieve emission reductions of 50 to 55 % compared to 1990. _________________ 36Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
2020/06/09
Committee: REGI
Amendment 141 #

2020/0036(COD)

Proposal for a regulation
Recital 20
(20) As cCitizens and communities have a powerful role to play in drivingare suffering the socio-economic effects of the transformation towards climate neutrality forward, strong public and social engagement on climate action should be facilitated. The Commission should therefore engage with all parts of society to enable and empower them to take action towards a climate-neutral and climate- resilient society, including through launching a European Climate Pact. The Commission should therefore engage with all parts of society by drawing on the multilevel climate and energy dialogues as set up by the Member States in accordance with Article 11 of Regulation (EU) 2018/1999 and for the purposes of this Regulation also.
2020/06/09
Committee: REGI
Amendment 147 #

2020/0036(COD)

Proposal for a regulation
Recital 21
(21) In order to provide predictability and confidence for all economic actors, including businesses, workers, investors and consumers, to ensure that the transition towards climate neutrality is irreversible, to ensure gradual reduction over time and to assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to set out a trajectory for achieving net zero greenhouse gas emissions in the Union by 2050. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making37. In particular, to ensure equal participatto assist in the assessment of the consistency of measures and progress with the climate-neutrality objective, each Member State should, as part of its long- term strategy under Article 15 of Regulation (EU) 2018/1999, set out an indicative trajectory for progressively reducing net greenhouse gas emissions in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 37 OJ L 123, 12.5.2016, p. 1Union aiming at a zero rate - in line with future macroeconomic scenarios - from 2050.
2020/06/09
Committee: REGI
Amendment 160 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes a framework for the irreversiblprogressive and gradual reduction of greenhouse gas emissions and enhancement of removals by natural or other sinks in the Union.
2020/06/09
Committee: REGI
Amendment 162 #

2020/0036(COD)

Proposal for a regulation
Article 1 – paragraph 2
This Regulation sets out an bindingcative objective of climate neutrality in the Union by, in line with macroeconomic recovery from 2050, in pursuit of the long- term temperature goal set out in Article 2 of the Paris Agreement, and provides a framework for achieving progress in pursuit of the global adaptation goal established in Article 7 of the Paris Agreement.
2020/06/09
Committee: REGI
Amendment 168 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. Union-wide emissions and removals of greenhouse gases regulated in Union law shall be balanced at the latest by 2050, thus reducing emissions to net zero by that dates an essential objective, following complete economic recovery from the fallout of the disastrous COVID-19 pandemic, which the EU proposes to achieve from 2050 onwards.
2020/06/09
Committee: REGI
Amendment 175 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 2
2. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level respectively, to enable the collective achievement of the climate-neutrality objective set out in paragraph 1, taking into account the importance of promoting fairness and solidarity among Member States. taking care not to undermine territorial cohesion and homogeneous regional growth in the Member States.
2020/06/09
Committee: REGI
Amendment 186 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 3
3. By September 2020, the Commission shallmay review the Union’s 2030 target for climate referred to in Article 2(11) of Regulation (EU) 2018/1999 in light of the climate-neutrality objective set out in Article 2(1), and explore options for a new 2030 target of 50 to 55% emission reductions compared to 1990 and the new EU social and economic reality following the crisis triggered by the COVID-19 pandemic containment measures, and explore options for a new 2030 emissions target more in line with the new economic reality. Where the Commission considers that it is necessary to amend that target, it shall make proposals to the European Parliament and to the Council as appropriate.
2020/06/09
Committee: REGI
Amendment 204 #

2020/0036(COD)

Proposal for a regulation
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 andline with emerging EU macroeconomic realities in order to achieve the climate-neutrality- objective set out in Article 2(1), and consider taking the necessary measures, including the adoption of legislative proposals, in accordance with the Treaties.
2020/06/09
Committee: REGI
Amendment 208 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 9 to supplement this Regulation by setting out a trajectory at Union level to achieve the climate-neutrality objective set out in Article 2(1) until 2050. At the latest within six months after each global stocktake referred to in Article 14 of the Paris Agreement, the Commission shall review the trajectoryEach Member State shall, as part of its long-term strategy under Article 15 of Regulation (EU) 2018/1999, set an indicative trajectory to achieve the objective set out in Article 2(1).
2020/06/09
Committee: REGI
Amendment 214 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The trajectory shall start from the Union’s 2030 target for climate referred to in Article 2(3).deleted
2020/06/09
Committee: REGI
Amendment 219 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. When setting a trajectory in accordance with paragraph 1, the Commission shall considerMember States shall focus primarily but not exclusively on the following:
2020/06/09
Committee: REGI
Amendment 223 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a
(a) cost-effectiveness and economic efficiency;deleted
2020/06/09
Committee: REGI
Amendment 225 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
(aa) the new economic reality following the COVID-19 pandemic;
2020/06/09
Committee: REGI
Amendment 226 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b
(b) competitiveness of the Union’s economywithin the Union and on the international markets, with a focus on micro-enterprises and SMEs;
2020/06/09
Committee: REGI
Amendment 231 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
(ba) their own budget situation;
2020/06/09
Committee: REGI
Amendment 232 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point b b (new)
(bb) non-repayable European funding specifically earmarked for achievement of climate neutrality objectives;
2020/06/09
Committee: REGI
Amendment 234 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point c
(c) best available technology and its commercial availability with a view to promoting the marketing thereof;
2020/06/09
Committee: REGI
Amendment 250 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point f
(f) the need to ensure environmental effectiveness and progress, economic sustainability and progressive emissions reduction over time;
2020/06/09
Committee: REGI
Amendment 254 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point g
(g) investmentoverall needs and every investment opportunitiesy;
2020/06/09
Committee: REGI
Amendment 260 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point h a (new)
(ha) effective measures to overcome regional imbalances;
2020/06/09
Committee: REGI
Amendment 261 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point i
(i) international and global developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change;
2020/06/09
Committee: REGI
Amendment 263 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific evidence, includingand the latest reports of the IPCC, aside from RCP 8.5-based models .
2020/06/09
Committee: REGI
Amendment 264 #

2020/0036(COD)

Proposal for a regulation
Article 3 – paragraph 3 – point j
(j) the best available and most recent scientific and statistical evidence, including the latest reports of the IPCC.
2020/06/09
Committee: REGI
Amendment 281 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20231, and every 5 years thereafter, the Commission shall assess, together with the assessment foreseen under Article 29(5) of Regulation (EU) 2018/1999:
2020/06/09
Committee: REGI
Amendment 282 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the collective progress made by all Member States towards the achievement of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
2020/06/09
Committee: REGI
Amendment 287 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
The Commission shall submit the conclusions of that assessment, together with the State of the Energy Union Report prepared in the respective calendar year in accordance with Article 35 of Regulation (EU) 2018/1999 and a report on regional development, territorial cohesion and economic recovery, to the European Parliament and to the Council.
2020/06/09
Committee: REGI
Amendment 289 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. By 30 Septem1 October 20231, and every 5 years thereafter, the Commission shall review:
2020/06/09
Committee: REGI
Amendment 291 #

2020/0036(COD)

(a) the consistency of Union measures with the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1);
2020/06/09
Committee: REGI
Amendment 292 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a a (new)
(aa) the economic impact of the aforementioned measures on the economy of the Union, the euro area and the individual Member States, in terms of sustainability and competitiveness, compared to non-EU countries;
2020/06/09
Committee: REGI
Amendment 297 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1), incompatible with the economic sustainability or competitiveness of the Union and its Member States compared with third countries or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptation as referred to in Article 4 is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
2020/06/09
Committee: REGI
Amendment 300 #

2020/0036(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission shall assess any draft measure or legislative proposal before adoption in light of the climate-neutrality objective set out in Article 2(1) as expressed by the trajectory referred to in Article 3(1) before adop, together with the objective of economic recovery in the Union and the Member States, territorial cohesion and regional development, in a bid to achieve a fair and balanced solution,; and include this analysis in any impact assessment accompanying these measures or proposals, and make the result of that assessment public at the time of adoption.
2020/06/09
Committee: REGI
Amendment 303 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
By 30 Septem1 October 20231, and every 5 years, thereafter the Commission shall assess:
2020/06/09
Committee: REGI
Amendment 304 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point a
(a) the consistency of national measures identified, on the basis of the National Energy and Climate Plans or the Biennial Progress Reports submitted in accordance with Regulation (EU) 2018/1999, as relevant for the achievement of the climate-neutrality objective set out in Article 2(1) with that objective, economic recovery, territorial cohesion and regional development, as expressed by the relevant trajectory referred to in Article 3(1);
2020/06/09
Committee: REGI
Amendment 308 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objectiveclimate neutrality objectives in line with economic recovery, territorial cohesion and regional development as expressed by the corresponding trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4, it may issue recommendations to that Member State or adopt funding initiatives to help it achieve the above objectives. The Commission shall make such recommendations publicly available.
2020/06/09
Committee: REGI
Amendment 317 #

2020/0036(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point c
(c) the recommendations should be complementary to the latest country- specific recommendations issued in the context of the European Semester.deleted
2020/06/09
Committee: REGI
Amendment 321 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) European statistics and data, including data on the economic situation and on losses from adverse climate impacts, where available; and
2020/06/09
Committee: REGI
Amendment 324 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point d
(d) best availablend most recent scientific evidence, including available, and the latest reports of the IPCC; and, except for RCP 8.5-based models;
2020/06/09
Committee: REGI
Amendment 325 #

2020/0036(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point e
(e) any supplementary information on environmentally sustainable investment, by the Union and Member States and available European recovery funding, including, when available, investment consistent with Regulation (EU) 2020/… [Taxonomy Regulation].
2020/06/09
Committee: REGI
Amendment 337 #

2020/0036(COD)

Proposal for a regulation
Article 9
1. The power to adopt delegated acts referred to in Article 3(1) is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Article 3(1) shall be conferred on the Commission for an indeterminate period of time from …[OP: date of entry into force of this Regulation]. 3. to in Article 3(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. to Article 3 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Article 9 deleted Exercise of the delegation The power to adopt delegated acts The delegation of power referred Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant
2020/06/09
Committee: REGI
Amendment 338 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4 Regulation (EU) 2018/1999
(4) in Article 8(2), the following point (e) is added: ‘(e) policies and measures and planned policies and measures contribute to the achievement of the Union’s climate- neutrality objective set out in Article 2 of Regulation …/… [Climate Law].;’deleted the manner in which existing
2020/06/09
Committee: REGI
Amendment 341 #

2020/0036(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 5
Regulation (EU) 2018/1999
Article 11
Each Member State shall establish a multilevel climate and energy dialogue pursuant to national rules, in which local authorities, civil society organisation, business communitysocial partners, investors and other relevant stakeholders and the general public are able actively to engage and discuss the achievement of the Union’s climate-neutrality objective set out in Article 2 of Regulation …/… [Climate Law] and the different scenarios envisaged for energy and climate policies, including for the long term, and review progress, unless it already has a structure which serves the same purpose. Integrated national energy and climate plans may be discussed within the framework of such a dialogue.;
2020/06/09
Committee: REGI
Amendment 13 #

2020/0035(COD)

Proposal for a decision
Recital 4
(4) In line with the objectives set out in the Commission Communication on the European Green Deal, tThere is a need to transform the Union economy and to rethink policies, in particular in the field of transport and mobility, which implies accelerating the shift to sustainable and smart mobility. Transport accounts for a quarter of the Union’s greenhouse gas emissions, and still growing. To achieve climate neutrality, a 90% reduction in transport emissions is needed by 2050must be reduced. Achieving sustainable transport means putting users first and providing them with more affordable, accessible, healthier and cleaner alternatives to their current mobility habits. The European Green Deal implies to accelerate the shift to sustainable and smart mobility to address these challenges. In particular, a substantial part of the 75% of inland freight carried today by road should shift onto rail and inland waterways, a process to be encouraged by improvements to the logistical efficiency of networks and the introduction of incentives for operators in the sector.
2020/06/03
Committee: REGI
Amendment 19 #

2020/0035(COD)

Proposal for a decision
Recital 6
(6) By connecting the Union’s main transport routes with its peripterritories, including at regional and local level, the rail regions and territories, the rail sector contributes to social, economic and territorial cohesion. The creation of a functional rail network covering the whole of Europe can be an opportunity to enhance political cohesion at a time when the EU, in the wake of the COVID-19 crisis, needs specific objectives and measures that foster the development of collective, shared and integrated mobility. The European Year of Rail should also be an opportunity to promote awareness of the capacity of the rail sector to prevent local communities, mountain and coastal regions and border areas from becoming isolated and foster greater integration with urban and regional areas, protecting the environment and promoting social inclusion.
2020/06/03
Committee: REGI
Amendment 49 #

2020/0035(COD)

Proposal for a decision
Article 2 – paragraph 1 – point b
(b) highlight the European, cross- border dimension of rail, that brings citizens closer together, allows them to explore the Union in all its diversity, fosters cohesion and contributes to integrate the Union internal market; Particular attention and support must also be given to the regional and local dimension, including rural, mountain, island and border areas, where local rail networks and small stations address social and mobility needs, generating a high degree of added value which outweighs their poor economic performance. At regional level, emphasis must be placed on the importance of rail freight transport, which has proved crucial, for example, in the current health emergency, as a mode of transport which is fundamental to environmental sustainability and safety.
2020/06/03
Committee: REGI
Amendment 58 #

2020/0035(COD)

Proposal for a decision
Article 2 – paragraph 1 – point c
(c) enhance the contribution of rail to Union economy, industry and society, covering in particular aspects related to regional development, industrial competitivenesscluding on a cross-border basis, the industrial transition, sustainable tourism, innovation, employment, education, youth and culture, and improving accessibility for persons with disabilitiethe elderly, the disadvantaged and persons with disabilities and enhancing mobility for huge numbers of commuters;
2020/06/03
Committee: REGI
Amendment 67 #

2020/0035(COD)

Proposal for a decision
Article 2 – paragraph 1 – point d
(d) contributes to promoting railways as an important element of the relations between the Union and its neighbouring countries, in particular in the Western Balkans, building on the interest and needs in partner countries, such as those in the Western Balkans, Norway, the United Kingdom and Switzerland, and on the Union’s expertise in rail transport.
2020/06/03
Committee: REGI
Amendment 75 #

2020/0035(COD)

Proposal for a decision
Article 3 – paragraph 1 – point a a (new)
(aa) The European Year of Rail must be an opportunity not only to hold large- scale national events in the major cities, but also to involve regional and local authorities in planning and designing projects to modernise and digitalise rail infrastructure. In particular, regions where tourism and local economic development could benefit greatly from sustainable, modern and electrified rail services must be involved.
2020/06/03
Committee: REGI
Amendment 87 #

2020/0035(COD)

Proposal for a decision
Article 3 – paragraph 1 – point d
(d) the undertaking of studies and innovative activities and the dissemination of their results on a European or nat, national and regional scale; and
2020/06/03
Committee: REGI
Amendment 99 #

2020/0035(COD)

Proposal for a decision
Article 4 – paragraph 1
The organisation of participation in the European Year at national level is a responsibility of the Member States. To that end, Member States shall appoint national coordinators. The national coordinators shall ensure the coordination of relevant activities at national level agreed with regional and local authorities.
2020/06/03
Committee: REGI
Amendment 107 #

2020/0035(COD)

Proposal for a decision
Article 5 – paragraph 3 – subparagraph 1
The Commission shall convene regular meetings of stakeholders and representatives of organisations or bodies active in the field of rail transport, including existing transnational networks andand transregional networks and specifically relevant NGOs, as well as of youth organisations and communities, to assist it in implementing the European Year at Union level.
2020/06/03
Committee: REGI
Amendment 50 #

2020/0006(COD)

Proposal for a regulation
Recital 1
(1) The regulatory framework governing the Union’s cohesion policy for the period from 2021 to 2027, in the context of the next multi-annual financial framework, contributes to the fulfilment of the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals by concentrating Union funding on green objectives. This Regulation implements one of the priorities set out in the Communication on the European Green Deal (‘the European Green Deal’)11 and is part of the Sustainable Europe Investment Plan12 providing dedicated financing under the Just Transition Mechanism in the context of cohesion policy to address the economic and social costs of the transition to a climate-neutral and circular economy, where any remaining greenhouse gas emissions are compensated by equivalent absorptions. In addition, it greatly contributes to the countermeasures needed in response to the sudden and substantial deflation in the EU that will result from the COVID-19 pandemic. _________________ 11 COM(2019) 640 final, 11.12.2019. 12 COM(2020) 21, 14.1.2020.
2020/05/27
Committee: REGI
Amendment 57 #

2020/0006(COD)

Proposal for a regulation
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium termThe deflationary effect of combating climate change will itself have medium-term social and economic disadvantages, accompanied by a sometimes adverse environmental impact. Given that the COVID-19 pandemic will cause a deep recession and (in the absence of appropriate ECB monetary policies) lasting deflation, it is now more important than ever to mitigate pro- cyclical Union climate policies and postpone achievement of European Council objectives. Moreover, not all regions and Member States start their transition to a climate-neutral economy from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for thoseespecially those countries that have made substantial investments, honoured their commitments and achieved the Kyoto Protocol targets (20% of energy from renewable sources by 2020) and are now having to help with the transition of countries and regions that rely heavily on fossil fuels - especially coal, lignite, peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion and unfair competition from countries that have not yet engaged in the decarbonisation process, detrimental to the objectives of social, economic and territorial cohesion. Similarly, within the European economic system, a number of production sectors in coal-producing regions and elsewhere are still heavily dependent on fossil fuels and therefore responsible for high emission levels and need appropriate support measures, such as those referred to in this regulation, to accompany them towards the transition process.
2020/05/27
Committee: REGI
Amendment 79 #

2020/0006(COD)

Proposal for a regulation
Recital 3
(3) In order to be successful, the transition has to be fair and socially acceptable for all. Therefore, both the Union and the Member States, as well as local and regional authorities must take into account its occupational, economic and social implications from the outset, and deploy all possible instruments to mitigatecancel out adverse consequences. The Union budget has an important supplementary role in that regard.
2020/05/27
Committee: REGI
Amendment 91 #

2020/0006(COD)

Proposal for a regulation
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the adverse social and economic consequences of transitioning towards Union climate neutrality and dealing with the COVID-19 crisis by bringing together the Union budget’s spending on climate and social objectives at regional level.
2020/05/27
Committee: REGI
Amendment 100 #

2020/0006(COD)

Proposal for a regulation
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of thpromote climate transition by supporting the most affected territories and workers concernedterritories and workers most concerned, as well as the productive sectors of all Member State economies that are currently responsible for higher emission levels and will hence affected by the transition. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financingsupporting the transition by creating new job opportunities, financing new infrastructures and the diversification and modernisation of the local economy and by mitigapromoting the negative repercussions on employmenttransition measures. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
2020/05/27
Committee: REGI
Amendment 112 #

2020/0006(COD)

Proposal for a regulation
Recital 6
(6) In view of the importance of tackling cliThe Fund should matke change in line with the Union’s commitments to implement the Paris Agreement, the commitment regarding the United Nations Sustainable Development Goals and the increased ambition of the Union as proposed in the European Green Deal, the JTF should provide a key contribution to mainstream climate actions. Resources from the JTF own envelope are additional and come on top of the investments needed to achieve the overall target of 25 % of the Union budget expenditure contributing to climate objectives. Resources transferred from the ERDF and ESF+ will contribute fully to the achievement of this targeta significant contribution to mitigating the deflationary effect of combating climate change, focusing on the economic sectors and regions most adversely affected.
2020/05/27
Committee: REGI
Amendment 137 #

2020/0006(COD)

Proposal for a regulation
Recital 7
(7) The resources from the JTF should complement the resources available under cohesion policy. The establishment of the JTF should not lead to cuts in funding under Regulation (EU) .../... .../... [new CPR] or transfers from these.
2020/05/27
Committee: REGI
Amendment 147 #

2020/0006(COD)

Proposal for a regulation
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States and regions. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do soor means of transport and communication channels, which need to be phased out or reduced in a move towards climate neutrality and that lack the financial means to do so. Particular attention should be paid to mountainous, island or remote areas, whose small population makes it more difficult to implement the energy transition to climate neutrality. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality, especially in view of the shift in priorities and urgent action necessitated by the COVID-19 crisis.
2020/05/27
Committee: REGI
Amendment 169 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should includegive priority to those that facilitate job creation and those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a gradual transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes, infrastructures or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 , while maintaining and enhancing skilled employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economyincluding physical connectivity, through communications channels that reduce greenhouse gas emissions, provided that such measures help fund a transition towards, and contribute to, a climate- neutral and circular economy. Those investments should also contribute to meeting the cost of expert advice and analyses to help achieve the goals of a successful transition in already well- established enterprises. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/05/27
Committee: REGI
Amendment 173 #

2020/0006(COD)

Proposal for a regulation
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. Those investments should also contribute to meeting the cost of expert advice and analyses to help achieve the goals of a successful transition in already well- established enterprises. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
2020/05/27
Committee: REGI
Amendment 190 #

2020/0006(COD)

Proposal for a regulation
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also coverfacilitate investments in new infrastructures and the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities and acquire new skills suited to the green economy, as well as providing job-search assistance to jobseekers and their active inclusion into the labour market.
2020/05/27
Committee: REGI
Amendment 205 #

2020/0006(COD)

Proposal for a regulation
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in undertakings, particularly micro- enterprises and SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or and if they encourage local employment and speed up transition towards a circular economy with low greenhouse gas emissions, also through the creation of new industrial plant or railway infrastructure, provided that they do not result fromin relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate- neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they do not result in the protection of a significant number of jobnet job losses. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2020/05/27
Committee: REGI
Amendment 217 #

2020/0006(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) EU state aid rules should be flexibly applied in eligible transition regions in order to facilitate private investment. At the same time, account should be taken of structural change issues in eligible regions, ensuring that they have sufficient flexibility to implement their projects in a socially and economically sustainable manner.
2020/05/27
Committee: REGI
Amendment 225 #

2020/0006(COD)

Proposal for a regulation
Recital 13
(13) In order to provide flexibility for the programming of the JTF resources under the Investment for jobs and growth goal, it should be possible to prepare a self- standing JTF programme or to programme JTF resources in one or more dedicated priorities within a programme supported by the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’) or the Cohesion Fund. In accordance with Article 21a of Regulation (EU) [new CPR], JTF resources should be reinforced with complementary funding from the ERDF and the ESF+. The respective amounts transferred from the ERDF and the ESF+ should be consistent with the type of operations set out in the territorial just transition plans.
2020/05/27
Committee: REGI
Amendment 261 #

2020/0006(COD)

Proposal for a regulation
Recital 15
(15) The territorial just transition plans should identify the territories most negatively affected, where JTF support should be concentrated and describe specific actions to be undertaken to reach a climate-neutral economy, notably as regards the conversion or closure of facilities involving fossil fuel production or other greenhouse gas intensive activities, as well as a detailed plan on investments in new infrastructure, whilst maintaining and expanding employment opportunities in the affected territories in order to avoid social exclusion. Those territories should be precisely defined and correspond to NUTS level 3 regions or should be parts thereof. The plans should detail the challenges and needs of those territories, including in terms of infrastructure and job creation, and identify the type of operations needed in a manner that ensures the coherent development of climate- resilient economic activities that are also consistent with the transition to climate- neutrality and the objectives of the Green Deal. Only investments in accordance with the transition plans should receive financial support from the JTF. The territorial just transition plans should be part of the programmes (supported by the ERDF, the ESF+, the Cohesion Fund or the JTF, as the case may be) which are approved by the Commission.
2020/05/27
Committee: REGI
Amendment 271 #

2020/0006(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The territorial just transition plans are to be submitted by the end of 2020. That poses an implementation challenge for managing authorities and for Member States, as the adoption of these plans is necessary to release the funding. In order to alleviate that challenge, conditional pre-financing for technical assistance should, therefore, be made available before the adoption of the plans.
2020/05/27
Committee: REGI
Amendment 279 #

2020/0006(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) Special attention and support should be given to mountain areas and to rural, insular, remote and extremely remote areas. These areas are already facing even greater social and economic difficulties, including rural-to-urban migration and overall depopulation, fewer skills, little digital infrastructure and low connectivity, which further reduces their ability to address the challenges of the transition process. Those areas could also play an important role as regards their ability to attract investment in renewable energy, while safeguarding agricultural land.
2020/05/27
Committee: REGI
Amendment 281 #

2020/0006(COD)

Proposal for a regulation
Recital 17
(17) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the amendment of the elements contained in Annex III of this Regulation regarding the common output and result indicators. 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-Making15. 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; these experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 15deleted OJ L 123, 12.5.2016, p.13.
2020/05/27
Committee: REGI
Amendment 284 #

2020/0006(COD)

Proposal for a regulation
Recital 19
(19) The objectives of this Regulation, namely to support territories facing economic and social transformation in their transition to a climate-neutral economy, cannot be sufficiently achieved by the Member States alone. The main reasons in this regard are, on the one hand, the disparities between the levels of development of the various territories and the backwardness of the least favoured territories, as well as the limit on the financial resources of the Member States and territories and, on the other hand, the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can better be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,deleted
2020/05/27
Committee: REGI
Amendment 297 #

2020/0006(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio- economic challenges deriving from the transition procesand production sectors towards a climate- neutral economy of the Union by 2050.
2020/05/27
Committee: REGI
Amendment 327 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5[X] billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
2020/05/27
Committee: REGI
Amendment 338 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 3
0.3520% of the amount referred to in the first subparagraph shall be allocated to technical assistance, including preliminary planning, at the initiative of the Commission.
2020/05/27
Committee: REGI
Amendment 343 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. By way of derogation from Article [21a] of Regulation (EU) [new CPR], any additional resources referred to in paragraph 2, allocated to the JTF in the Union budget or provided by other resources shall not require complementary support from the ERDF or the ESF+ or any other fund allocation programmes provided for by the European Union.
2020/05/27
Committee: REGI
Amendment 371 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point a
(a) productive investments in micro- enterprises and SMEs, including start-ups, leading to economic diversification and reconversion;
2020/05/27
Committee: REGI
Amendment 393 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) investments in research and innovation activities, including at universities and public research institutions, and fostering the transfer of advanced technologies;
2020/05/27
Committee: REGI
Amendment 399 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) investments in renewable energy, power generation, infrastructure construction and maintenance and development of related technologies;
2020/05/27
Committee: REGI
Amendment 401 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction,road and railway infrastructures, where lacking, water infrastructure, if it is antiquated, inefficient or insufficient to ensure that water is not wasted, for affordable clean energy, in greenhouse gas emission reduction, including the deployment of environmentally-friendly means of transportation, in energy efficiency and renewable energy;
2020/05/27
Committee: REGI
Amendment 420 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d a (new)
(da) investment related to the production, processing, distribution, storage or combustion of natural gas;
2020/05/27
Committee: REGI
Amendment 424 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d b (new)
(db) in relation to investments in renewable energy, in particular measures aiming at the local deployment of small installations, such as to develop private self-consumption, and capable of boosting collective self-consumption and the establishment of energy communities;
2020/05/27
Committee: REGI
Amendment 436 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity, in particular for the roll-out of broadband in rural, insular and remote areas;
2020/05/27
Committee: REGI
Amendment 463 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(ga) investments in projects for fighting energy poverty and supporting the production of energy from waste;
2020/05/27
Committee: REGI
Amendment 471 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g b (new)
(gb) conversion and adaptation of existing natural gas pipelines for the transport of hydrogen;
2020/05/27
Committee: REGI
Amendment 507 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers, with a particular emphasis on women and persons with disabilities;
2020/05/27
Committee: REGI
Amendment 519 #

2020/0006(COD)

(k) technical assistance, including preliminary planning.
2020/05/27
Committee: REGI
Amendment 534 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Additionally, the JTF may support, in areas designated as assisted areas in accordance with points (a) and (c) of Article 107(3) of the TFEUthe respective territories, productive investments in enterprises other than micro-enterprises and SMEs, provided that such investments have been approved as part of the territorial just transition plan based on the information required under point (h) of Article 7(2). Such investments shall only be eligible where they are necessary for the implementation of the territorial just transition plan.
2020/05/27
Committee: REGI
Amendment 554 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) undertakings in difficulty, as defined in Article 2(18) of Commission Regulation (EU) No 651/201416; _________________ 16Commission 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).deleted
2020/05/27
Committee: REGI
Amendment 575 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, processing, distribution, storage or combustion of fossil fuels, with the exception of natural gas;
2020/05/27
Committee: REGI
Amendment 603 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
The JTF resources shall be programmed for the categories of regions where the territories concerned are located, on the basis of the territorial just transition plans established in accordance with Article 7 and approved by the Commission as part of a programme or a programme amendment. The resources programmed shall take the form of one or more specific programmes or of one or more priorities within a programme covered by Regulation (EU) .../... [new CPR].
2020/05/27
Committee: REGI
Amendment 615 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme, or an amendment to the programme, where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan and the Long Term Strategy of the Member State concerned.
2020/05/27
Committee: REGI
Amendment 626 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The JTF priority or priorities shall comprise the JTF resources consisting of all or part of the JTF allocation for the Member States and the resources transferred in accordance with Article [21a] of Regulation (EU) [new CPR]. The total of the ERDF and ESF+ resources transferred to the JTF priority shall be at least equal to one and a half times the amount of support from the JTF to that priority but shall not exceed three times that amount.
2020/05/27
Committee: REGI
Amendment 671 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based ony the economic and social impacts resulting fromof the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities and transport networks with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
2020/05/27
Committee: REGI
Amendment 675 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate-neutral economy, including a timeline for key transition steps which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);deleted
2020/05/27
Committee: REGI
Amendment 688 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) a justification for identifying the territories as most negatively affected by the transition process referred to in point (a) andthe latest version of the National Energy and Climate Plan (NECP), to be supported by the JTF, in accordance with paragraph 1;
2020/05/27
Committee: REGI
Amendment 700 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) an assessment of the transition challenges faced by the most negatively affected territories, including the social, economic, and environmental impact of the transition to a climate-neutral economy, identifying the potential number of affected jobs and job losses, number of enterprises concerned and expected revenue losses, the development needs and objectives, to be reached by 2030 linked to the transformation or closure of greenhouse gas-intensive activities in those territories;
2020/05/27
Committee: REGI
Amendment 714 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point e
(e) an assessment of its consistency with other national, regional or territorial strategies and plans;deleted
2020/05/27
Committee: REGI
Amendment 726 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point h
(h) where support is provided to productive investments to enterprises other than micro-enterprises and SMEs, an exhaustive list of such operations and enterprises and a justification of the necessity of such support through a gap analysis demonstrating that the expected job losses would exceed the expected number of jobs created in the absence of the investment;
2020/05/27
Committee: REGI
Amendment 734 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point i
(i) where support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC, an exhausindicative list of operations to be supported and a justification that they contribute to a transition to a climate neutral economy and lead to a substantial reduction in greenhouse-gas emissions going substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC and provided that they are necessary for the protection of a significant number of jobscompliance with the relevant benchmarks established for free allocation under Directive 2003/87/EC;
2020/05/27
Committee: REGI
Amendment 751 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The preparation and implementation of territorial just transition plans shall involve the relevant partners and an organic and structured consultation of stakeholders in accordance with Article [6] of Regulation (EU) [new CPR].
2020/05/27
Committee: REGI
Amendment 760 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Where the revision of a National Energy and Climate Plan pursuant to Article 14 of Regulation (EU) 2018/1999 necessitates a revision of a territorial just transition plan, this revision shall be carried out as part of the mid-term review exercise in accordance with Article 14 of Regulation (EU) [new CPR]A territorial just transition plan may be revised only on justified grounds, which may include the revision of a National Energy and Climate Plan.
2020/05/27
Committee: REGI
Amendment 775 #

2020/0006(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. For output indicators, baselines shall be set at zero. The milestones set for 20245 and targets set for 2029 shall be cumulative. Targets shall not be revised after the request for programme amendment submitted pursuant to Article [14(2)] of Regulation (EU) [new CPR] has been approved by the Commission.
2020/05/27
Committee: REGI
Amendment 780 #

2020/0006(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 10 to amend Annex III in order to make the necessary adjustments to the list of indicators to be used.
2020/05/27
Committee: REGI
Amendment 788 #

2020/0006(COD)

Proposal for a regulation
Article 9
9 Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 65% of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priorityArticle 9 deleted concerned in proportion to the achievements.
2020/05/27
Committee: REGI
Amendment 801 #

2020/0006(COD)

Proposal for a regulation
Article 10
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 8(4) shall be conferred on the Commission for an indeterminate period of time from [the date of the entry into force of this Regulation]. 3. The delegation of power referred to in Article 8(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts aArticle 10 delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 8(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Exercise of the delegation
2020/05/27
Committee: REGI
Amendment 819 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point i
(i) greenhouse-gas emissions of industrial facilities in NUTS level 2 regions where the carbon intensity, as defined by the ratio of greenhouse gas emissions of industrial facilities as reported by Member States in accordance with Article 7 of Regulation (EC) No 166/2006 of the European Parliament and of the Council28 compared to the gross value added of the industry, exceeds by a factor of two the EU-27 average. Where that level is not exceeded in any NUTS level 2 regions in a given Member State, greenhouse-gas emissions of industrial facilities in the NUTS level 2 region with the highest carbon intensity is taken into account (weighting 4920%), _________________ 28Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
2020/05/27
Committee: REGI
Amendment 824 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point ii
(ii) employment in mining of coal and lignite (weighting 254%),
2020/05/27
Committee: REGI
Amendment 834 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point iii
(iii) employment in industry in the NUTS level 2 regions taken into account for the purposes of point (i) (weighting 254%),
2020/05/27
Committee: REGI
Amendment 838 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point v a (new)
(va) population resident in insular or remote areas reliant on autonomous electricity production by diesel or petrol generators (weighting 2%);
2020/05/27
Committee: REGI
Amendment 841 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a – point v b (new)
(vb) greenhouse-gas emissions from naval or aerial modes of transport, which can be reduced by building new railway and road infrastructure to connect regions, or parts of regions (weighting 29%);
2020/05/27
Committee: REGI
Amendment 851 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 – point b
(b) the allocations resulting from the application of point (a) are adjusted to ensure that no Member State receives an amount exceeding EUR 2 billion20% of the resources of the Fund as defined in Article 2(2). The amounts exceeding EUR 2 billionthat threshold per Member State are redistributed proportionally to the allocations of all other Member States. The Member States shares are recalculated accordingly;
2020/05/27
Committee: REGI
Amendment 869 #

2020/0006(COD)

Proposal for a regulation
Annex II – point 1 – paragraph 1
Reference: Article 7(2)(a)deleted
2020/05/27
Committee: REGI
Amendment 870 #

2020/0006(COD)

Proposal for a regulation
Annex II – point 1 – paragraph 2
Reference: Article 7(2)(b) 1.2 Identifying the territories expected to be the most affected and justifying this choice with the corresponding estimation of the economic and employment impacts based on the latest version of the NECP.
2020/05/27
Committee: REGI
Amendment 878 #

2020/0006(COD)

Proposal for a regulation
Annex II – point 2 – point 2.3
2.3. Consistency with other national, regional or territorial strategies and plans Reference: Article 7(2)(e) Text field [6000] — Smart specialisation strategies;deleted
2020/05/27
Committee: REGI
Amendment 881 #

2020/0006(COD)

Proposal for a regulation
Annex II – point 2 – point 2.4 – paragraph 2
Reference: Article 7(2)(h) To fill in only if support is provided to productive investments other than micro- enterprises and SMEs: - an exhaustive list of such operations and enterprises and for each of them a justification of the necessity of such support
2020/05/27
Committee: REGI
Amendment 883 #

2020/0006(COD)

Proposal for a regulation
Annex II – point 2 – point 2.4 – paragraph 3
Reference: Article 7(2)(i); To fill in only if support is provided to investments to achieve the reduction of greenhouse gas emissions from activities listed in Annex I to Directive 2003/87/EC: - an exhaustive list of operations to be supported and a justification that they contribute to the transition to a climate- neutral economy and lead to substantial reductions in greenhouse gas emissions going below the relevant benchmarks used for free allocation under Directive 2003/87/EC
2020/05/27
Committee: REGI
Amendment 74 #

2019/2192(INI)

Motion for a resolution
Recital D e (new)
D e. whereas the TEN-T development should include a stronger strategy focused on the Mediterranean Sea, aiming at improving the capacity and the connectivity of ports and logistic hubs, while attracting trade flows to Southern Europe, and boosting the global competitiveness of the EU in this strategic and important geopolitical area;
2020/09/28
Committee: TRAN
Amendment 371 #

2019/2192(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. Deplores the lack of improvements related to the missing link between Ancona and Bari on the Scandinavian - Mediterranean Corridor; calls on the Commission to ensure the inclusion of this section within the upcoming revision of the TEN-T network, while ensuring the upgrade of the infrastructure and the boost of connections towards the existing hubs;
2020/09/28
Committee: TRAN
Amendment 372 #

2019/2192(INI)

Motion for a resolution
Paragraph 16 e (new)
16 e. Stresses the importance of realizing strategic projects like the bridge connecting the island of Sicily to the rest of Italy (“Ponte sullo stretto di Messina”) within the Scandinavian - Mediterranean Corridor; highlights that this project would have an important European added value for all EU Southern area and it would ensure an economic boost to the region, with an increased cohesion, social and economic benefit for all citizens and activities in the Mediterranean Sea; calls on the Commission to include this project within the upcoming revision of the TEN- T Network;
2020/09/28
Committee: TRAN
Amendment 387 #

2019/2192(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Highlights the strategic importance of the Mediterranean Sea, and the need to strengthen the infrastructure in the Southern Member States, including the insular regions, whilst boosting the attractiveness of its main nodes for all the international operators through appropriate investments and upgrades;
2020/09/28
Committee: TRAN
Amendment 17 #

2019/0254(COD)

Proposal for a regulation
Recital 2
(2) The Commission proposed to link the CAP to the delivery of performance (‘delivery model’). Under the new legal framework, the Union is to set the basic policy parameters, such as objectives of the CAP and basic requirements, while Member States are to bear greater responsibility as to how they meet the objectives and achieve targets. Accordingly, Member States are to draw up, and then implement, CAP Strategic Plans, which are toshould first be approved by the Commission and implemented by Member States. The Strategic Plans should be drawn up while taking into consideration, where appropriate, the role that national constitutions assign to the regions, in the form of delegations of responsibility for agriculture.
2020/03/04
Committee: REGI
Amendment 41 #

2019/0254(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure continuity in the transitional period, the reserve for crises in the agricultural sector should be maintained for 2021 and the relevant amount of the reserve for 2021 should be included. After the end of the transitional period, the crisis reserve fund should be removed from the financial discipline mechanism and be funded as an independent expenditure item within the EU budget.
2020/03/04
Committee: REGI
Amendment 75 #

2019/0254(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 3
Where the Commission considers that an extension of the period under the first subparagraph is not justified, it shall inform the Member State thereof within 6 weeks after receipt of the notification referred to in the second subparagraph.deleted
2020/03/04
Committee: REGI
Amendment 99 #

2019/0254(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Payment entitlements allocated to farmers before 1 January 2020 shall be considered legal and regular as from 1 January 2021. The value and the amount of those entitlements to be considered legal and regular shall be the valueequal to the value and amount for calendar year 2020 valid on 31 December 2020. This is without prejudice to the relevant articles of Union law concerning the value of payment entitlements for calendar years 2021 onwards, in particular Article 22(5) and 25(12) of Regulation (EU) No 1307/2013.
2020/03/04
Committee: REGI
Amendment 125 #

2019/0254(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point 1
Regulation (EU) No 1305/2013
Article 28 – paragraph 5 – subparagraph 1 a
For new commitments to be undertaken as from 2021 Member States shall determine a shorter period of one to threeseven years in their rural development programmes. If Member States provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments directly following a commitment performed in the initial period, Member States shall determine a period of one year in their rural development programmes.;
2020/03/04
Committee: REGI
Amendment 128 #

2019/0254(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point 2
Regulation (EU) No 1305/2013
Article 29 – paragraph 3 – subparagraph 1 a
For new commitments to be undertaken as from 2021 Member States shall determine a shorter period of one to threeseven years in their rural development programmes. If Member States provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph, from 2021 the extension shall not go beyond one year. As from 2021, for new commitments concerning maintenance that directly follow the commitment performed in the initial period, Member States shall determine a period of one year in their rural development programmes.
2020/03/04
Committee: REGI
Amendment 132 #

2019/0254(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point 3
Regulation (EU) No 1305/2013
Article 33 – paragraph 2 – subparagraph 2 a
For new commitments to be undertaken as from 2021 Member States shall determine a shortera period of one to threeseven years in their rural development programmes. If Member States provide for an annual renewal of commitments after the termination of the initial period in accordance with the first subparagraph, as from 2021 the renewal shall not go beyond one year.
2020/03/04
Committee: REGI