Activities of Adrián VÁZQUEZ LÁZARA
Plenary speeches (1)
2024 Annual Rule of law report (debate)
Written questions (3)
Role of regional and local authorities in managing funds in the next programming period
Labeling and designation of non-animal origin products
Aid for maize growers in Galicia after hurricane Kirk
Amendments (1328)
Amendment 120 #
2023/0133(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation aims at improving the licensing of SEPs, by addressing the causes of inefficient licensing such as insufficient transparency with regard to SEPs, fair, reasonable and non- discriminatory (FRAND) terms and conditions and licensing in the value chain, and limited use of dispute resolution procedures for resolving FRAND disputes. All these together reduce the overall fairness and efficiency of the system and result in excess administrative and transactional costs, which reduces resources available for investment in innovation. By improving the licensing of SEPs, the Regulation aims to incentivise participation by European firms in the standard development process and the broad implementation of such standardised technologies, particularly in Internet of Things (IoT) industries. Therefore, this Regulation pursues objectives that are complementary to, but different from that of protecting undistorted competition, guaranteed by Articles 101 and 102 TFEU. This Regulation should also be without prejudice to national competition rules.
Amendment 121 #
2023/0133(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Good faith negotiations between parties willing to participate occur in many FRAND cases, yet in other instances, SEPs become the subject of legal proceedings. This Regulation aims to provide advantages to both Union SEP holders and SEP implementers by introducing mechanisms designed to address two key issues: firstly, situations where SEP implementers unreasonably delay or decline FRAND licenses; and secondly, scenarios where SEP holders impose non-FRAND royalties due to the threat of injunction and a lack of transparency.
Amendment 128 #
2023/0133(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are well established commercial relationships and licensing practices for certain use cases of standards, such as the standards for wireless communications, with iterations over multiple generationstandards leading to considerable mutual dependency and significant value visibly accruing to both SEP holders and implementers. There are other, typically more novel use cases – sometimes of the same standards or subsets thereof - standards such as e.g. Wi-Fi, HEVC, and cellular standards, including LTE and 5G, with less mature markets, more diffuse and less consolidated implementer communities, for which unpredictability of royalty and other licensing conditions and the prospect of complex patent assessments and valuations and related litigation weigh more heavily on the incentives to deploy standardised technologies in innovative products. Therefore, in order to ensure a proportionate and well targeted response, certain procedures under this Regulation, namely the aggregate royalty determination and the compulsory FRAND determination prior to litigation, should not be applied to identified use cases of certain standards or parts thereof for which there is sufficient evidence that SEP licensing negotiations on FRAND terms and conditions do not give rise to significant difficulties or inefficiencies.
Amendment 141 #
2023/0133(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To facilitate the implementation of this regulationAs the agency of the European Union in charge of intellectual property rights, the European Union Intellectual Property Office (EUIPO) should perform the relevant tasks by means of a competence centre and facilitate the implementation of this Regulation. The EUIPO has extensive experience with managing databases, electronic registers and alternative dispute settlement mechanisms, which are key aspects of the functions assigned under this Regulation. It is necessarycrucial to equip the competence centre with necessary human and financial resources to fulfilefficiently perform its tasks.
Amendment 144 #
2023/0133(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The competence centre should set up and administer an electronic register and an electronic database containing detailed information on SEPs in force in one or more Member States, including essentiality check results, opinions, reports, available case-law from jurisdictions across the globe, rules relating to SEPs in third countries, and results of studies specific to SEPs. In order to raise awareness and facilitate SEP licensing for SMEs, the competence centre should offer assistance to SMEs. The setting up and administering a system for essentiality checks andof processes for aggregate royalty determination and FRAND determination by the competence centre should include actions improving the system and the processes on a continuous basis, including through the use of new technologies. In line with this objective, the competence centre should establish training procedures for evaluators of essentiality and conciliators for providing opinions on aggregate royalty as well as on FRAND determination and should encourage consistency in their practices.
Amendment 150 #
2023/0133(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The competence centre should be the subject of Union rules on access to documents and data protection. Its tasks should be designed to increase transparency by making existing information relevant to SEPs available to all stakeholders in a centralised and systematic way. Therefore, a balance would have to be made between the free public access to basic information and the need to finance the functioning of the competence centre. In order to cover the maintenance costs a registration fee should be requested to access detailed information contained in the database, such as results of any essentiality checks and non- confidential FRAND determination reports.
Amendment 163 #
2023/0133(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Regardless of the position within the supply chain at which a potential licensee operates, an SEP holder must not decline to grant a FRAND license to any party seeking one, for any standard to which the SEP holder or a prior holder has made a FRAND commitment
Amendment 166 #
2023/0133(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A SEP holder may also request the modification of a SEP registration. An interested stakeholder may also request the modification of a SEP registration, if it can demonstrate that the registration is inaccurate based on a definitive decision by a public authority. A SEP can only be removed from the register at the request of the SEP holder, if the patent is expired, was invalidated or found non-essential by a final decision or ruling of a competent court of a Member State or found non- essential under this Regulation. Information on modifications to SEP registration shall be maintained to preserve transparency.
Amendment 169 #
2023/0133(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 171 #
2023/0133(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 175 #
2023/0133(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 176 #
2023/0133(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The technical conciliation procedure could also help the parties to discuss the relevant technical details for their specific licensing negotiation, e.g., how the SEP portfolio relates to the specific product and/or service implementation. The processes would be similar to current industry practices: following the execution of a mutual Non- Disclosure Agreement provided by the competence centre, SEP holders shall provide a relevant sample of claim charts for the patent families that it offers to license. In the event the licensor-SEP holder that enforces its patent-rights is an SME, the competence centre shall advice such SME in relation to the evaluation and exercise of its IP rights. The parties should be allowed to bring external technical advisors to the procedure.
Amendment 177 #
2023/0133(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 180 #
2023/0133(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The technical conciliation procedure should not take more than 5 months, unless otherwise agreed between the parties, and should be offered separately or combined with the FRAND determination procedure. The overall timing for the combined procedure should not go beyond the timing of 9 months foreseen in Article 37(1).
Amendment 182 #
2023/0133(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 184 #
2023/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 187 #
2023/0133(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 188 #
2023/0133(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Recognizing the complexity and technical specificity inherent in negotiations surrounding SEPs, it is imperative to institute a structured ‘Technical Conciliation Procedure’, thereby facilitating more streamlined, transparent, and efficient discussions between concerned parties. This specialized procedure shall be organized and overseen by the competence centre, ensuring that both SEP holders and implementers have a fair and knowledgeable platform for negotiation.
Amendment 189 #
2023/0133(COD)
Proposal for a regulation
Recital 30 b (new)
Recital 30 b (new)
(30b) The Technical Conciliation Procedure aims to mediate disputes by enabling parties to present their respective standpoints concerning the technical dimensions crucial to SEP licensing negotiations. By appointing a skilled technical conciliator from its roster, the competence centre ensures that the discussions are guided by technical expertise and a balanced perspective, essential for reaching mutually agreeable licensing terms.
Amendment 190 #
2023/0133(COD)
Proposal for a regulation
Recital 30 c (new)
Recital 30 c (new)
(30c) To maintain the inclusivity and efficacy of this procedure, provision is designed for the participation of SMEs, either as SEP holders or implementers, guaranteeing their right to request this mandatory procedure. Conversely, entities other than SMEs may opt for this procedure upon mutual consent, reinforcing its role as a versatile tool for resolving disputes and aiding license agreement renewals. The procedure is designed to be time-efficient, with a maximum duration of five months for a standalone process, and not exceeding nine months when combined with a FRAND determination procedure, as per Article 37(1). This stipulation ensures that the parties involved are incentivized towards expedient and constructive engagement, minimizing potential delays in reaching licensing agreements.
Amendment 191 #
2023/0133(COD)
Proposal for a regulation
Recital 30 d (new)
Recital 30 d (new)
(30d) The procedure hinges on detailed technical discussions where parties scrutinize the relevance of the SEP portfolio to their specific products or services. The competence centre shall provide the necessary resources, including a mutual NDA and assistance for SMEs, thereby ensuring that negotiations are based on a thorough understanding of the patents in question. Post-procedure, the technical conciliator shall compile a comprehensive report detailing the discussions, arguments, and a recommendation based on the deliberations. While maintaining confidentiality under the mutual NDA, this report shall be admissible in subsequent FRAND Determination procedures or ensuing litigation, ensuring continuity and reference to the insights gained during conciliation.
Amendment 192 #
2023/0133(COD)
Proposal for a regulation
Recital 30 e (new)
Recital 30 e (new)
(30e) For SMEs, the procedure is particularly advantageous when combined with additional training and resources provided by the competence centre. By enhancing their understanding of SEP licensing and reducing financial burdens through reduced fees or pro bono services, SMEs are better positioned to engage in standard development, thereby aligning with broader EU objectives of technological innovation and SME participation. Additionally, the consistent application of the TPC enables the EUIPO’s competence centre to gain invaluable expertise in various technical realms pertinent to SEP licensing. This accumulated knowledge is instrumental in refining the centre’s approaches and methodologies, ultimately contributing to more sophisticated and informed handling of SEP-related matters
Amendment 224 #
2023/0133(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) SMEs may be involved in SEP licensing both as SEP holders and implementers. While there are currently a few SME SEP holders, the efficiencies produced with this Regulation are likely to facilitate the licensing of their SEP. Additional conditions are necessary to relieve the cost burden on such SMEs such as reduced or waiver of administration fees and potentially reduced fees for essentiality checks and conciliation in addition to free support and trainings. The SEPs of micro and small enterprises should not be the subject of sampling for essentiality check, but they should be able to propose SEPs for essentiality checks if they wish toconciliation related fees in addition to free support and trainings. SME implementers should likewise benefit from reduced access fees and free support and trainings. Finally, SEP holders should be encouraged to incentivise licensing by SMEs through low volume discounts or exemptions from FRAND royalties.
Amendment 231 #
2023/0133(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Regulation (EU) 2017/1001 of the European Parliament and of the Council46 should be amended to empower EUIPO to take on the tasks under this Regulation. The functions of the Executive Director should also be expanded to include the powers conferred on him under this Regulation. Furthermore, the EUIPO’s arbitration and mediation centre should be empowered to set up processes such as the aggregate royalty determination, technical conciliation procedure and the FRAND determination. __________________ 46 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1.)
Amendment 234 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) a procedure to evaluate the essentiality of registered SEPs;technical conciliation procedure
Amendment 261 #
2023/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘implementer’ means a natural or legal person that implements, or intends to implement, a standard in a product, process, service or system; regardless of where in the supply chain the potential licensee operates.
Amendment 275 #
2023/0133(COD)
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a License to all Standard essential patent holders, whether their patents pertain to standards covered by this Regulation or not, and where they or previous owners have committed to FRAND terms, must not decline to grant a FRAND license to any party seeking one, regardless of the position of the potential licensee within the supply chain.
Amendment 279 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) set up and manage rosters of evaluators and conciliators;conciliators for the technical conciliation and FRAND determination procedures
Amendment 281 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) set up and administer a system for assessment of the essentiality of SEPs;technical conciliation procedure
Amendment 282 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) provide training to evaluators and conciliatorsconciliators for the technical conciliation procedure and FRAND determination;
Amendment 288 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g – point i
Article 3 – paragraph 2 – point g – point i
(i) publishing the results and reasoned opinions of the essentiality checks and non-confidential reports of the FRAND determinations;
Amendment 298 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) information on whether an essentiality check or peer evaluation have been performedhas been performed by a competent court of a Member State and reference to the result; if from a final judgement
Amendment 314 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point j
Article 5 – paragraph 2 – point j
Amendment 356 #
2023/0133(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) administering the registrations of SEPs, essentiality checks and conciliation proceedings pursuant to this Regulation;
Amendment 390 #
2023/0133(COD)
Proposal for a regulation
Article 18 – title
Article 18 – title
Amendment 397 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. If the requests for participation include SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, and implementers holding collectively at least 10% relevant market share in the Union or at least 10 SMEany combination of five SEP holders or implementers, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators with the appropriate background from the relevant field of technology.
Amendment 406 #
2023/0133(COD)
Proposal for a regulation
Article 18 – paragraph 8 – point b a (new)
Article 18 – paragraph 8 – point b a (new)
(ba) Submit proof and documentation that could aid the panel in establishing an aggregate royalty.
Amendment 456 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
Amendment 458 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Such a request may be made at any time, except from the selection of the SEP for essentiality check pursuant to Article 29 until the publication of the result of the essentiality check in the register and database pursuant to Article 33(1).
Amendment 463 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 475 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c a (new)
Article 26 – paragraph 2 – point c a (new)
(ca) mediate between parties in the technical conciliation procedure;
Amendment 476 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The evaluators and conciliators shall have the requisite expertise and experience, be unbiased and independent and adhere to a code of conduct.
Amendment 478 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 487 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) the requirements for evaluators or conciliators, including a Code of Conduct;
Amendment 488 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) the procedures pursuant to Articles 17, 18, 31 and 32Title V and Title VI.
Amendment 492 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competence centre shall establish a roster of suitable candidates for evaluators otechnical conciliators and other conciliators. There mayshall be different rosters of evaluators and conciliators depending on the technical area of their specialisation or expertise and the qualification required for the procedure being conducted under this Regulation.
Amendment 495 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 501 #
2023/0133(COD)
Proposal for a regulation
Title V
Title V
Amendment 502 #
2023/0133(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 503 #
2023/0133(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Amendment 508 #
2023/0133(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 509 #
Amendment 517 #
2023/0133(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 520 #
2023/0133(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 525 #
2023/0133(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 531 #
2023/0133(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 745 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point c
Article 63 – paragraph 2 – point c
(c) for the essentiality check carried out by the evaluator in accordance with Article 31 and by the peer evaluatortechnical conciliation procedure in accordance with Article 328;
Amendment 751 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point c
Article 63 – paragraph 3 – point c
(c) (c) the fees referred to in paragraph (2), point (c) by the SEP holder that requested an essentiality check pursuant to Article 29(5) or peer evaluation pursuant to Article 32(1) and the implementer that requested an essentiality check pursuant to Article 29(6);, shall be divided equally by the parties that participated the procedure. If SMEs are involved, the competence centre shall consider offering the procedure for free or for a reduced fee for such SMEs.
Amendment 297 #
2023/0129(COD)
Proposal for a regulation
Annex – line 2 – column 3
Annex – line 2 – column 3
Health Security Committee [Article 24 of Regulation (EU) 2022/2371]
Amendment 101 #
2023/0127(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a – point iv a (new)
Article 9 – paragraph 1 – point a – point iv a (new)
(iv a) Data and information regarding any direct financial support received for research contributing to the development of the product for which the single SPC is requested.
Amendment 101 #
2023/0127(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a – point iv a (new)
Article 9 – paragraph 1 – point a – point iv a (new)
(iv a) Data and information regarding any direct financial support received for research contributing to the development of the product for which the single SPC is requested.
Amendment 108 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Office shall assess the application on the basis of all the conditions in Article 3(1) 3(2) and 6(2), for all Member States in which the basic patent has unitary effect.
Amendment 108 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Office shall assess the application on the basis of all the conditions in Article 3(1) 3(2) and 6(2), for all Member States in which the basic patent has unitary effect.
Amendment 111 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the application for a unitary certificate and the product to which it relates comply with Article 3(1), 3(2) and 6(2) for each of the Member States referred to in paragraph 1, the Office shall issue a reasoned positive examination opinion in respect of the grant of a unitary certificate. The Office shall notify that opinion to the applicant.
Amendment 111 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the application for a unitary certificate and the product to which it relates comply with Article 3(1), 3(2) and 6(2) for each of the Member States referred to in paragraph 1, the Office shall issue a reasoned positive examination opinion in respect of the grant of a unitary certificate. The Office shall notify that opinion to the applicant.
Amendment 114 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the application for a unitary certificate and the product to which it relates does not comply with Article 3(1), 3(2) and 6(2) in respect of one or more of those Member States, the Office shall issue a reasoned negative examination opinion on the grant of a unitary certificate. The Office shall notify that opinion to the applicant.
Amendment 114 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the application for a unitary certificate and the product to which it relates does not comply with Article 3(1), 3(2) and 6(2) in respect of one or more of those Member States, the Office shall issue a reasoned negative examination opinion on the grant of a unitary certificate. The Office shall notify that opinion to the applicant.
Amendment 115 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Office shall translate the examination opinion in the official languages of all designated Member States. The Office may use verified machine translation to that effect and publish the examination opinion on the Register as soon as possible after it is issued.
Amendment 115 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Office shall translate the examination opinion in the official languages of all designated Member States. The Office may use verified machine translation to that effect and publish the examination opinion on the Register as soon as possible after it is issued.
Amendment 117 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The Office will issue a decision on examination within 6 months following the publication date of the application for a unified certificate. A request for accelerated processing may be filed at any point subsequent to the publication of the application for a Unified Certificate. Upon receipt of a request for accelerated processing, the Office will issue a decision on the examination within 4 months.
Amendment 117 #
2023/0127(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The Office will issue a decision on examination within 6 months following the publication date of the application for a unified certificate. A request for accelerated processing may be filed at any point subsequent to the publication of the application for a Unified Certificate. Upon receipt of a request for accelerated processing, the Office will issue a decision on the examination within 4 months.
Amendment 118 #
2023/0127(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Third party observations shall be submitted within 3 months after publication of the application in the Register. Third party observations may also be admissible in the course of appeal proceedings.
Amendment 118 #
2023/0127(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Third party observations shall be submitted within 3 months after publication of the application in the Register. Third party observations may also be admissible in the course of appeal proceedings.
Amendment 142 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
Amendment 142 #
2023/0127(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
Amendment 157 #
Amendment 157 #
Amendment 174 #
Amendment 174 #
Amendment 178 #
2023/0127(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Notice of appeal shall be filed electronically in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision. Any written reply to the statement of grounds of appeal shall be submitted no later than 3 months from the statements filing date. The Office shall fix a date for oral proceedings within 3 months following the filing of the reply or within 6 months following the filing of the statement of grounds of appeal, whichever is earlier. The Office will issue a written decision within 3 months from the oral hearing.
Amendment 178 #
2023/0127(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Notice of appeal shall be filed electronically in writing at the Office within 2 months of the date of notification of the decision. The notice shall be deemed to have been filed only when the fee for appeal has been paid. In case of an appeal, a written statement setting out the grounds of appeal shall be filed within 43 months of the date of notification of the decision. Any written reply to the statement of grounds of appeal shall be submitted no later than 3 months from the statements filing date. The Office shall fix a date for oral proceedings within 3 months following the filing of the reply or within 6 months following the filing of the statement of grounds of appeal, whichever is earlier. The Office will issue a written decision within 3 months from the oral hearing.
Amendment 187 #
2023/0127(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Members of the Boards of Appeal in matters regarding unitary certificates shall be appointed in accordance with Article 166(5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters concerning applications for unitary certificates, due consideration shall be given to their previous experience in matters concerning supplementary protection certificates or patent law.
Amendment 187 #
2023/0127(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Members of the Boards of Appeal in matters regarding unitary certificates shall be appointed in accordance with Article 166(5) of Regulation (EU) 2017/1001. When appointing members of the Boards of Appeal in matters concerning applications for unitary certificates, due consideration shall be given to their previous experience in matters concerning supplementary protection certificates or patent law.
Amendment 216 #
2023/0127(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
Amendment 216 #
2023/0127(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
Amendment 219 #
2023/0127(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Oral proceedings before an examination panel, an opposition panel or the Boards of Appeal, including delivery of the decision and, as the case may be, of a revised opinion, shall be public, unless the examination panel, the opposition panel or the Boards of Appeal decide otherwise in cases where admission of the public to all or a part of the oral proceedings could have serious and unjustified disadvantages, in particular for a party to the proceedings.
Amendment 219 #
2023/0127(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Oral proceedings before an examination panel, an opposition panel or the Boards of Appeal, including delivery of the decision and, as the case may be, of a revised opinion, shall be public, unless the examination panel, the opposition panel or the Boards of Appeal decide otherwise in cases where admission of the public to all or a part of the oral proceedings could have serious and unjustified disadvantages, in particular for a party to the proceedings.
Amendment 229 #
2023/0127(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
By xxxxxx [OP, please insert: five years after the date of application], and every five years thereafter, the Commission shall evaluate the implementation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 229 #
2023/0127(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
By xxxxxx [OP, please insert: five years after the date of application], and every five years thereafter, the Commission shall evaluate the implementation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 150 #
2022/0115(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6 , aromatised wines7 , as defined at Union level, as well as agricultural products and foodstuffs8 , as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. Geographical indications for craft and industrial products will materialise their full potential when considered as a tool for public policy and not solely an intellectual property tool. _________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
Amendment 198 #
2022/0115(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective verification and controls, including the producer’s due diligence.
Amendment 200 #
2022/0115(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee consumers of the specific characteristics of craft and industrial products protected by geographical indications, producers should be subject to a system that verifies compliance with the product specification before the product is put on the market. Member States should be free to establish a third-party verification system operated by the competent authorities, and the product certification bodies, to which those authorities delegate certain official control tasks or a verification system based on a producer’ s self-declaration. The self- declaration should be submitted to the competent authorities assuring conformity with the product specification.
Amendment 204 #
2022/0115(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 205 #
2022/0115(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 208 #
2022/0115(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 214 #
2022/0115(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a Objectives This Title provides for a unitary and exclusive system of geographical indications, protecting the names of craft and industrial products having characteristics, attributes or reputation linked to their place of production, thereby ensuring the following: (a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental and social value, and to operate in the market; (b) fair competition for producers in the marketing chain; (c) consumers receive reliable information and a guarantee of authenticity of such products and can readily identify them in the marketplace including in electronic commerce; (d) efficient registration of geographical indications taking into account the appropriate protection of intellectual property rights; and (e) effective enforcement and marketing throughout the Union and in electronic commerce ensuring the integrity of the internal market.
Amendment 231 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processmanufacturers and/or processors and/or any other operators working with the same product;
Amendment 236 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘productionqualifying step’ means any stage of production, processing or preparation, up to the point, where the product is in a form to be placed on the internal market that, according to the specification, confers on the product those specific attributes that establish its link with a given quality, feature or characteristic and the geographical origin referred to in Article 5(b);
Amendment 237 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage of production, and/or processing and/or preparation, included in the specifications/description of the product, up to the point, where the product is in a form to be placed on the internal market;
Amendment 241 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘traditional’ and 'tradition', when associated with a product originating in a geographical area, means proven historical usage by producers in a professional community for a period that allows transmission between generations; this period is to beat least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
Amendment 245 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'producer' means an operator engaged in any production step of a product the name of which is protected as a geographical indication, including processing and/or preparation activities, covered by the product specification;
Amendment 255 #
2022/0115(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 271 #
2022/0115(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) at least one of thethe main production steps of the product takes place in the defined geographical area.
Amendment 272 #
2022/0115(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) all imported products that will be part of the assembly of the final product must offer a guarantee that they have been produced in a sustainable way.
Amendment 275 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for the registration of geographical indications shallmay only be submitted by a producer group of a product (‘applicant producer group’), the name of which is proposed for registration. Regional or local public entities may help in the preparation of the application and in the related procedure.
Amendment 280 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. An authority designated by a Member State or a local authority may be deemed to be an applicant producer group for the purposes of this Title, if it is not feasible for the producers concerned to form a group by reason of their number, geographical location or organisational characteristics. Where such representation takes place, the application referred to in Article 11(3) shall state these reasons for such representation.
Amendment 282 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. ABy way of derogation from paragraph 1 (a) a single producer may be deemed to be an applicant producer group for the purposes of this Title, where both of the following conditions are fulfilled:
Amendment 288 #
2022/0115(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. the use of the geographical indication shall be opened to any new producer(s) able to comply with the specifications;
Amendment 291 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. CIn order for the names of craft and industrial products the names of which aro be registered as a geographical indication shall comply with a, the product concerned shall comply with objective and non-discriminatory product specifications, which shall include at least:
Amendment 296 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the name to be protected as geographical indication which may be either a geographical name of the place of production of a specific product, or as well as a name used in trade or in common language to describe the specific product in the defined geographical area;
Amendment 304 #
2022/0115(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point i a (new)
Article 7 – paragraph 1 – point i a (new)
Amendment 316 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point ii
Article 8 – paragraph 1 – point a – point ii
(ii) a description of the product, including, where appropriate, specific rules concerning composition, packaging and labelling,;
Amendment 318 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a – point iii a (new)
Article 8 – paragraph 1 – point a – point iii a (new)
(iiia) main steps of production;
Amendment 320 #
2022/0115(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where the applicant is a SME or a producer group consisting only of SMEs, the single document shall be prepared by the competent authority of the Member State from where the producer group originates, on the basis of the information provided in accordance with Articles 7 and 9. In the case of cross-border applications, the single document may be prepared by any of the competent authorities concerned. Where a Member State decides to use the direct registration procedure referred to in Article 15, the single document shall be prepared by the Office and the deadline for the examination shall be extended to eight months. The competent authority shall send the single document to the applicant for approval.
Amendment 336 #
2022/0115(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The competent authority shall examine the application and shall check within six months of the submission of the application that the product complies with the requirements for geographical indications referred to in Article 5 and provides the necessary information for registration referred to in Articles 7, 8 and 9. Where the examination period exceeds or is likely to exceed six months, the competent authority shall inform the applicant of the reasons for the delay in writing. The total examination period shall not exceed one year.
Amendment 375 #
2022/0115(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the Member State or in case of third country applications, to the relevant producer group or competent authority that has submitted the Union application, from where that application originates and request to complete or to correct the application within 60 days. If the Member State, or in case of third country applications, the relevant producer group or competent authority, does not complete the application within the deadline, the application shall be considered to be withdrawn, or if not corrected, it shall be rejected pursuant to Article 24(2). The Office shall publish rejected application.
Amendment 381 #
2022/0115(COD)
Proposal for a regulation
Article 21 – title
Article 21 – title
21 OUnion opposition and comments procedure
Amendment 384 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Within 3 months from the date of publication of the single document and the reference to the product specification referred to in Article 7 in the Union register of geographical indications for craft and industrial products an opponent may lodge an opposition or notice of comment with the Officewith the Office (Union opponent). The applicant and the opponent shall be considered a party to the procedure.
Amendment 389 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Office shall check the admissibility of the opposition. If the Office considers that the opposition is admissible, it shall, within 630 days after the receipt of that opposition, invite the Union opponent and the applicant to engage in consultations for a reasonable period not exceeding 3 months. At any time during that period, the Office may, at the request of either party, extend the time limit for the consultations by a maximum of 3 months. The Office mayshall offer mediation for the consultations between the applicant and the opponent pursuant to Article 170 of Regulation (EU) 2017(1001).
Amendment 390 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The applicant and the Union opponent shall provide each other during the consultation with the relevant information to assess whether the application for registration complies with the conditions set out in this Regulation.
Amendment 393 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 8
Article 21 – paragraph 8
Amendment 395 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 9
Article 21 – paragraph 9
Amendment 397 #
2022/0115(COD)
Proposal for a regulation
Article 21 – paragraph 10
Article 21 – paragraph 10
Amendment 404 #
2022/0115(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Notice of comment procedure 1. In order to correct inaccuracies in an ongoing registration procedure for a geographical indication, a competent authority of a Member State or of a third country, or a natural or legal person having a legitimate interest and established or resident in a third country or in another Member State may lodge a notice of comment with the Office within three months of the date of publication of the single document and the product specification reference in the Union register. 2. The notice of comment referred to in paragraph 1 shall not be based on the grounds for opposition referred to in Article 22. The competent authority or person that lodges a notice of comment shall not be considered to be a party to the procedure. 3. The Office shall share the notice of comment with the applicant and shall take the notice of comment into consideration when deciding on the application of the registration, unless it is unclear or obviously incorrect. 4. In order to facilitate the management of the notice of comment procedure, the Commission may adopt implementing acts laying down rules on the submission of such notice of comments and specifying their format and online presentation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2).
Amendment 408 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 413 #
2022/0115(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. To overcome temporary difficulties with the long-term objective of ensuring that all producers of a product designated under a geographical indication in the area concerned comply with the related product specification, a Member State may grant a transitional period for compliance, of up to 105 years, with effect from the date on which the application is lodged withregistered by the Office, provided that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least 5 years preceding the lodging of the application to the authorities of that Member State and have referred to that fact in the national opposition procedure referred to in Article 13.
Amendment 419 #
2022/0115(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
7. Decisions adopted by the Office shall be published in the Union register of geographical indications for craft and industrial products in all the official languages of the Union. The reference to the name of the product, class of thetype of product, indications of the country or countries of origin and the reference to the decision published in the Union register of geographical indications for craft and industrial products shall be published in the Official Journal of the European Union.
Amendment 429 #
2022/0115(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the class of thetype of product;
Amendment 437 #
2022/0115(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Office shall ensure that any person is able to download an official extract from the Union register of geographical indications for craft and industrial products that provides proof of registration of the geographical indication, and the relevant data including the date of application for the registration of the geographical indication or other priority date. The official extract may be used as an authentic certificate in legal proceedings, in a court of law, in a court of arbitration or similar body. Reasons leading to the rejection of an application shall be made accessible as well.
Amendment 441 #
2022/0115(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The applicant producer group or where Article 6(2)or 6(3) applies, the authority designated by a Member State or a local authority or the single producer shall be identified as the holder of the registration in the Union register of geographical indications for craft and industrial products in the Union register and in the official extract referred to in paragraph (1) of this Article.
Amendment 444 #
2022/0115(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. A producer group, a single producer or a competent authority having a legitimate interest may apply for the approval of an amendment to the product specification of a registered geographical indication.
Amendment 469 #
2022/0115(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Opposition and cancellation decisions shall be taken by a panel of at least three members. At least one member shall be legally qualified. All other decisions of paragraph 1 shall be taken by a single member and have appropriate technical knowledge.
Amendment 470 #
2022/0115(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
Article 33 – paragraph 2 – point c a (new)
(c a) the assessment of the link between the product and its geographical origin;
Amendment 473 #
2022/0115(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of at least one representative of each Member State and one representatives of the Commission and their respective alternates. If deemed necessary, recognized expert in the field of geographical indications or of the concerned product, including representatives of regions shall be invited to join the Board on ad hoc basis.
Amendment 486 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected geographical indication is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, 'fragrance', ‘like’ or similar;
Amendment 490 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. The Provisions of paragraph (1) shall also apply where the protected products are parts or components of manufactured products.
Amendment 493 #
2022/0115(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. The producer group, the geographical indication holder or any producer that is entitled to use the protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and are contrary to paragraph 1.
Amendment 497 #
2022/0115(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Article 35 is without prejudice to the use of a protected geographical indication by producers in conformity with Article 43 toname indicateing that a manufactured product contains or integrates, as a part or component, a product designated by that geographical indication provided that such use is made in accordance with honest commercial practices, is agreed with the geographical indication right holder and does not weaken, dilute, or is not detrimental to, the reputation of the geographical indication.
Amendment 522 #
2022/0115(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. A registered geographical indication may be used by any producer, geographical indication holder or operator marketing a product conforming to the corresponding product specification or to a single document or an equivalent to the latter.
Amendment 525 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. In the case of craft and industrial products originating in the Union that are marketed under a geographical indication, the Union symbol referred to in paragraph 1 mayshall appear on the labelling and advertising material. The name of the geographical indication shall be in the same field of vision as the Union symbol.
Amendment 528 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. The abbreviation ‘PGI’ corresponding to the indication ‘protected geographical indication’ mayshall appear on the labelling of products and advertising material designated by a geographical indication of craft and industrial products.
Amendment 533 #
2022/0115(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. The Union symbol indicating the protected geographical indication and the Union indication ‘protected geographical indication’ and the abbreviation ‘PGI’ as relevant, mayshall appear on the labelling and advertising material only after the publication of the decision on registration in accordance with Articles 24 and 25.
Amendment 560 #
2022/0115(COD)
Proposal for a regulation
Article 49 – title
Article 49 – title
49 Self-declaration certification procedure
Amendment 561 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
Amendment 562 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 563 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 566 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
Amendment 567 #
2022/0115(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
Amendment 578 #
2022/0115(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. The Office shall make public the names and addresses of the competent authorities and, product certification bodies referred to in Article 46(4) and natural persons referred to in Article 46(3)and update that information periodically.
Amendment 581 #
2022/0115(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Orders to act against illegal online content
Amendment 582 #
2022/0115(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. A producer whose product, following the verification of compliance referred to in Article 46, is found to comply with the product specification of a geographical indication protected under this Regulation or that has, if applicable in the Member State concerned, properly submitted a self-declaration to the competent authority, shall be entitled to an official certificate, or other proof of certification, of eligibility to produce the product designated by the geographical indication concerned in respect of the production steps performed by the said producer.
Amendment 593 #
Amendment 51 #
2022/0089(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To ensure transparency and uniformity across Member States, it is necessary to establish and maintain an electronic Union register of geographical indications, registered as protected designations of origin or protected geographical indications. The register should provide information to consumers and to those involved in trade. The register should be an electronic database stored within an information system, and should be accessible to the public. It should be kept-up-to date and maintained by the European Union Intellectual Property Office (EUIPO).
Amendment 72 #
2022/0089(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The procedures for registration, amendment and cancellation of geographical indications, including the scrutiny and the opposition procedure, should be carried out in the most efficient way. This can be achieved by using the assistance for the scrutiny of the applications provided by the European Union Intellectual Property Office (EUIPO)UIPO. The involvement of the EUIPO should not lead to delays or unnecessary administrative burden. While a partial outsourcing to EUIPO has been considered, the Commission wshould remain responsible for registration,the one single document, Union amendment and cancellation, due to a strong relation with the Common Agricultural Policy and to the expertise needed to ensure that specificities of wine, spirit drinks and agricultural products are adequately assessed.
Amendment 74 #
2022/0089(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) The role of the EUIPO should be reinforced in order for the registration procedure to be more efficient. Namely, the EUIPO should be tasked with assisting the Commission in scrutinising the single document; informing applicants in the event of delay in the scrutiny process and preparing the observations for the Commission from the applicant if necessary. The EUIPO should be entrusted with the publication of the single document in the Union register, after its verification by the Commission. The EUIPO should support the Commission in the opposition procedure. It should assist the Commission in carrying out the tasks related to amendments to a product specification . Similarly to its role in protecting domain names in trade marks, the EUIPO should establish and manage an alert system that provides information about the availability of a geographical indication as a domain name. The EUIPO should carry out the scrutiny of third-country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications proposed for protection pursuant to international negotiations or international agreements and updates to the list of international agreement protecting them.
Amendment 135 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission , assisted by the EUIPO, shall scrutinise any application for registration that it receives pursuant to Article 16(1). Such scrutiny shall consist of a check that there are no manifest errors, that the information provided in accordance with Article 15 is complete and that the single document referred to in Article 13 is precise and technical in nature. It shall take into account the outcome of the national procedure carried out by the Member State concerned and the opinion of the Commission. It shall focus in particular on the single document referred to in Article 13.
Amendment 154 #
2022/0089(COD)
Proposal for a regulation
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5 a. The EUIPO shall perform all the technical scrutiny tasks.
Amendment 188 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
Amendment 189 #
2022/0089(COD)
Proposal for a regulation
Article 19 – paragraph 10 a (new)
Article 19 – paragraph 10 a (new)
Amendment 211 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. The Union register as referred to in paragraph 1 shall be, kept up-to-date and maintained by the EUIPO for applications for registration, amendment and cancellation of GIs
Amendment 213 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 223 #
2022/0089(COD)
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO to operate, keep-up-to-date and maintain the Union register of geographical indications.
Amendment 245 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A standtemporardy amendment shall be considered as a temporstandaryd amendment when it concerns a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or a temporary amendment necessary because of a natural disaster, because of a natural or made-man disaster or adverse weather conditions formally recognised by the competent authorities.
Amendment 266 #
2022/0089(COD)
Proposal for a regulation
Article 25 – paragraph 10 a (new)
Article 25 – paragraph 10 a (new)
10 a. The EUIPO shall be responsible for the publication of standard amendments referred to in paragraph 9. The EUIPO shall perform the technical scrutiny of the Union amendments and prepare the observations, which shall be verified and sent to the applicants by the Commission.
Amendment 305 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, priorisation, prevention and mitigation, bringing to an end, remediation and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chains.
Amendment 313 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirectmonitored business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. AWhen establishing which business relationship should be monitored, account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, and the company’s power to influence or effectively control its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 331 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover activities related to the production and supply of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect. It should encompass upstream monitored business relationships that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfillingconsisting in carrying out operations for the company or on behalf of the company, such as the distribution to wholesalers or consumers, transportation, dismantling recycling of the product or landfilling of waste resulting from the operations of the company.
Amendment 344 #
2022/0051(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establishmonitored business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in viewBusiness relationships will be deemed to be monitored by the company itself, based ofn their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered degree of control it has over them. For the purpose of this Directive, monitored business relationships should mean such direct and indirect business relationships. The nature of business relationships as “monitored” should be reas sestablished regarding that companysed periodically, and at least every 12 months.
Amendment 360 #
2022/0051(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million worldwide and at least 40 million in the Union in the financial year preceding the last financial year or a net worldwide turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year provided that at least 50% of its net worldwide turnover was generated in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 362 #
2022/0051(COD)
Proposal for a directive
Recital 24
Recital 24
(24) For defining the scope of application in relation to non-EU companies the described share of turnover criterion should be chosen as it creates a territorial connection between the third- country companies and the Union territory. Turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effects justify the application of Union law to third-country companies. However, the overall worldwide net turnover threshold should be the same as that applied to companies established in the EU in order to create a level playing field between both EU and non-EU companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EU companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied to determine which third-country companies fall under this Directive, as the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employees of third-country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authorities. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnover and revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generate the required turnover in the Union to fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
Amendment 369 #
2022/0051(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prioritise, prevent and mitigate as well as bring to an end, remedy and minimise the extent of potential and actual adverse human rights and environmental impacts, establish and maintain a complaints procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 373 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to establishmonitored business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annually.
Amendment 375 #
2022/0051(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Parent companies can design due diligence policies for their subsidiaries. Parent companies can provide resources for their subsidiaries to help implement the due diligence policies decided at their level. In order to hold subsidiaries accountable, the liability created by the article 22 of this directive should remain at entity level the parent company’s due diligence policies remains under the supervision of supervisory authorities.
Amendment 381 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 390 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those directly and adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, in line with the Union`s policy of zero- tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. In cases where temporarily suspending or terminating a commercial relationship may be an option, companies should ensure that the suspension or termination does not result in a more severe impact on human rights or on the environment than the one that it intends to mitigate.
Amendment 391 #
2022/0051(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Under the due diligence obligations set out by this Directive, a company should rate the actual and potential adverse impacts according to their severity, urgency and risk. The company should then prioritise the risk and take the appropriate measures to prevent, remedy or bring the adverse impact to an end.
Amendment 400 #
2022/0051(COD)
Proposal for a directive
Recital 34
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies should seek to obtain contractual assurances from a direct partner with whom they have an establish monitored business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for an SME with which they have an establish monitored business relationship such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
Amendment 411 #
2022/0051(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As regards direct and indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
Amendment 415 #
2022/0051(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards establishmonitored business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 419 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an establish monitored business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an establishmonitored business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 420 #
2022/0051(COD)
Proposal for a directive
Recital 39
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have an establish monitored business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an establish monitored business relationship and collaborate with other entities, including, where relevant, to increase the company’s ability to bring the adverse impact to an end.
Amendment 429 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, well-founded complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 430 #
2022/0051(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) In order to bring to settle disputes between victims and companies swiftly, extra-judicial remedies should be setup. The remedy should be determined in consultation with the affected stakeholders and may consist of financial or non-financial compensation, reinstatement, public apologies, restitution, rehabilitation or a contribution to an investigation. To ensure that remedies are satisfactory to both parties, and that the weaker party is not forced into settlement by the stronger party, impartial third parties should mediate in order to assist companies and stakeholders in finding extra-judicial remedies, as is today the case under the OECD national contact points system. A settlement fairly mediated, the outcome of which is accepted by both parties should prevent civil proceeding and the filing of claims before a court.
Amendment 435 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their establishmonitored business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 441 #
2022/0051(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements through their value chain and limiting shifting compliance burden on SME business partners, the Commission should provide, within the twelve months following the entry into force of the Directive, guidance on model contractual clauses.
Amendment 445 #
2022/0051(COD)
Proposal for a directive
Recital 46
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, should have the possibility toall issue guidelines, including for specific sectors or specific adverse impacts.
Amendment 449 #
2022/0051(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs. Some SMEs might want to voluntarily apply the due diligence framework. They should be incentivized to do so and rewarded for doing so. Member states should, for instance, adapt their rating systems for public procurements so that candidates and tenderers who are not in the scope of the directive, notably SMEs, but do comply with due diligence obligation schemes are rated more positively than other tenderers who do not. Member states, professional and sectoral organisations are encouraged to set up labelling systems to identify which companies falling out of the scope of this Directive apply certified due diligence schemes equivalent to the obligations laid out in this Directive.
Amendment 456 #
2022/0051(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement and the objective of achieving climate neutrality by 2050 as established in the EU Climate Law as well as, where relevant, its exposure to coal-, oil- and gas-related activities. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its plan.
Amendment 459 #
2022/0051(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In order to allow for the effective oversight of and, where necessary, enforcement of this Directive in relation to those companies that are not governed by the law of a Member State, those companies should designate a sufficiently mandated authorised representative in the Union and provide information relating to their authorised representatives. Failing to do so should lead to Member states excluding those companies from public procurements. It should be possible for the authorised representative to also function as point of contact, provided the relevant requirements of this Directive are complied with.
Amendment 469 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent, prioritise and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prioritised, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage. Nonetheless, in cases where, as a consequence of the duty of prioritisation, the severe adverse impact arises from a lower prioritised adverse impact that was not yet addressed, the company should not be held liable, always provided that the prioritisation was adequate according to the severity, urgency and the likelihood of the adverse impacts.
Amendment 476 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of establishmonitored indirect business relationships, the liability of the company should be subject to specific conditions. The company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.
Amendment 477 #
2022/0051(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 510 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an establish monitored business relationship and
Amendment 521 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘establish‘monitored’ shall be reassessed periodically, and at least every 12 months.
Amendment 522 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights or of protection of the environment or the protection of the climate provided for byUnless provided in this Directive, Member States shall not lay down, in their national law, provisions diverging from those law of Member States at the time of the adoption ofid down in this Directive.
Amendment 531 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 605 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net worldwide turnover of more than EUR 150 million, provided that at least EUR 40 million was generated in the Union in the financial year preceding the last financial year;
Amendment 614 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net worldwide turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in the Union and that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 689 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘subsidiary’ means a legal person as defined in Article 2, point (10), of Directive 2013/34/EU and a legal person through which the activity of a ‘controlled undertaking’ as defined in Article 2(1), point (f), of Directive 2004/109/EC of the European Parliament and of the Council128 is exercised; _________________ 128 Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38).
Amendment 709 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘establishmonitored business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chainover which the company has effective control;
Amendment 717 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘effective control’ means the possibility for an undertaking to exercise decisive influence on another undertaking, in particular by ownership or the right to use all or part of the assets of the latter, or by rights or contracts or any other means, having regard to all factual considerations, which confer decisive influence on the composition, voting or decisions of the decision making bodies of an undertaking.
Amendment 721 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities of the business partners of a company related to the production and supply of goods or the provision of services by a, including: (i) upstream direct and indirect business partners that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company, including the development of the product or the service, and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company(ii) downstream direct and indirect business partners that distribute the product to wholesalers, retailers or consumers, transport and store the product, dismantle or recycle the product, including compost or landfill waste resulting from the operations of the company. The use of the product shall not be considered as part of the value chain for the purposes of this Directive. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 752 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
Amendment 767 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could bedirectly affected by the products, services and operations of that company, its subsidiaries and its business relationships, as well as their expressly designated representatives or advisers;
Amendment 806 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) prioritising actual or potential adverse impacts in accordance with Article 6a;
Amendment 822 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resources and information within their respective parent companies are entitled to design and implement due diligence policies for the subsidiaries of their group of companies falling under the scope of this Directive. The fact that groups of companies cand with o assume due diligence obligation should be without prejudice of ther legal entities in compliance with applicable competition lawiability regime of their subsidiaries under article 22 if they do not follow or fail to implement the policies designed by the group.
Amendment 844 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and, principles and measures to be followed by the company’s employees and subsidiariesand implemented by the company;
Amendment 849 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to establishmonitored business relationships;
Amendment 878 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identifyprioritise actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4identified in article 6.
Amendment 914 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts. As regards companies within the meaning of point (a)(iv), non- public information shall not be used for the purposes of this article in cases where it may result in an infringement of the Regulation(EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC.
Amendment 920 #
2022/0051(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Prioritising actual and potential adverse impacts 1. Member States shall ensure that companies take appropriate measures to prioritise actual and potential adverse human rights impacts and adverse environmental impacts identified in article 5. 2. Companies shall be required to take appropriate measures to rank the actual and potential adverse impacts identified as per paragraph 1 according to their severity, urgency and likelihood. Severity shall be assessed based on the scale and scope of the adverse impact, such as the number of persons or the extent of the environment affected by it. Likelihood shall be assessed based on the possibility of occurrence of the adverse impact in a given timeframe and a given geographical area. Urgency shall be assessed based on the degree of materialisation and irremediability of the impact. 3. Once the most severe and likely adverse impacts are addressed in accordance with Articles 7 or 8 in a reasonable time, the company shall address less severe and less likely adverse impacts.
Amendment 935 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The elaboration of the prevention action plan shall be developed inpreceded by a process of public consultation withopen to affected stakeholders and their advisers, who shall have a reasonable period of time for sending their suggestions, concerns and contributions;
Amendment 960 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an establish monitored business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 1039 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
Amendment 1053 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an establish monitored business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 1066 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an establish monitored business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
Amendment 1138 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chains. The complaint procedure shall provide for the possibility to raise complaints anonymously and confidentially, according to the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law.
Amendment 1184 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that, when the complaint has solid factual grounds to be deemed admissible, complainants are entitled
Amendment 1206 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Recourse to such procedures shall not preclude the complainant from pursuing legal action under the liability regime established in article 22.
Amendment 1210 #
2022/0051(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Extra-judicial remedies and mediation process 1. Member States shall ensure that when an undertaking establishes that it has caused or contributed to an adverse impact, it provides for or cooperates with the remediation process. 2. The remedy may be proposed as a result of a complaint procedure as laid down in Article 9. 3. The remedy shall be determined in consultation with the affected stakeholders and may consist of financial or non-financial compensation, reinstatement, public apologies, restitution, rehabilitation or contribution to an investigation. 4. Member states shall establish contact points for due diligence mediation in order to assist undertakings and stakeholders in finding extra-judicial remedies. Those contact points should be impartial, predictable and equitable. 5. Undertakings shall prevent additional harm being caused by providing guarantees that the harm in question will not be repeated. 6. Member States shall ensure that the remediation process, if deemed satisfactory by both parties, prevents civil proceedings in accordance with national law. However, victims shall not be required to seek extra-judicial remedies before filing a claim before a court.
Amendment 1217 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their establishmonitored business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
Amendment 1259 #
2022/0051(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
In order to provide support to companies to facilitate their compliance with Article 7(2), point (b), and Article 8(3), point (c), the Commission shall adopt, within the twelve months prior to the application date of this Directive, guidance about voluntary model contract clauses.
Amendment 1268 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall, within the twelve months following the entry into force of this Directive, issue guidelines, including for specific sectors or specific adverse impacts.
Amendment 1279 #
2022/0051(COD)
1. Member States shall, in order to provide information and support to companies and the partners with whom they have establishmonitored business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companies.
Amendment 1285 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Without prejudice to Directive 2014/24/EU on public procurement and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors, Member States shall adapt their public procurements laws as to rate more positively candidate and tenderer companies who are not in the scope of this directive but voluntarily apply due diligence obligations stemming for it.
Amendment 1321 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan, including implementing actions and related financial and investments plans, to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 and where relevant, the exposure of the group to coal-, oil- and gas-related activities. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations.
Amendment 1425 #
2022/0051(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall lay down the rules so that companies which are formed in accordance with the legislation of a third country under article 2.2 shall be excluded from public procurement processes if they fail to appoint an authorised representative under article 16.
Amendment 1466 #
2022/0051(COD)
Proposal for a directive
Article 21 – paragraph 8 a (new)
Article 21 – paragraph 8 a (new)
8a. The European Network of Supervisory Authorities shall publish a register of non-compliant companies for sustainability due diligence purposes. The competent supervisory authority shall list in this register companies that do not comply with the sanctions imposed on them in accordance with Article 20, as well as relevant information to allow for their effective identification by stakeholders and other companies for the purposes of identifying actual and potential adverse impacts.
Amendment 1481 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage. caused by the activity of the company or by the activity of a direct or indirect partner with which the company has a monitored business relationship.
Amendment 1484 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prioritised, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage.
Amendment 1502 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an establish monitored business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, prioritise, mitigate, bring to an end or minimise the extent of the adverse impact.
Amendment 1503 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an establish monitored business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.
Amendment 1504 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 a (new)
Article 22 – paragraph 2 – subparagraph 1 a (new)
Notwithstanding paragraph 1, Member States shall ensure that where, as a consequence of the duty of prioritisation set by Article 6a, the adverse impact arises from a lower prioritised adverse impact that was not yet addressed, the company cannot be held liable, always provided that the prioritisation was adequate according to the severity, urgency and the likelihood of the adverse impacts.
Amendment 1532 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States shall ensure that only those individuals or entities directly and materially affected by an adverse impact are qualified to file an action for civil liability and seek damages under the rules and obligations set out by this Directive.
Amendment 1616 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point d a (new)
Article 29 – paragraph 1 – point d a (new)
(da) whether existing Union legislation is consistent with this Directive
Amendment 25 #
2021/2239(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is essential to ensure that consumers and food services are in a position to make informed choices when purchasing food;
Amendment 37 #
2021/2239(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas organic farming has a potential to contribute to environmental protection and biodiversity and at the same time revitalise rural areas, creating employment, supporting the sustainability of small farms, bringing consumers and producers closer, enhancing the connections with the local economy and stimulating positive economic multipliers;
Amendment 73 #
2021/2239(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the development and growth of the organic sector must be accompanied by market-driven and accompanied by holistic supply chain developments as well as measures to stimulate further the demand for organic food and ensure consumer trust, in order to safeguard the future profitability of the organic market and organic farming in the EU;
Amendment 76 #
2021/2239(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that stimulating agricultural sustainability and resilience of the EU foodsystem should be a priority; underlines that co-existence of different farming systems is important as diversity is key to food system security and resilience and benefits sustainable development; points out that there is no single farming model that fits all countries and regions and stresses that the benefits of the different sustainable farming models should be recognised;
Amendment 88 #
2021/2239(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that for an EU action plan to succeed, it must stimulate and mobilise the Member States; expresses the view, therefore, that Member States should be encouraged to develop their own national OAPs with concrete, time-bound action objectives, incentives, actions, time-frames and budgets;
Amendment 92 #
2021/2239(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the new regulation on organic farming risks creating some major hurdles to its implementation by EU producers, especially small farmers, and at the same time lowers existing standards, particularly as regards plant protection products, which could lead to consumer distrust; therefore calls on the European Commission to carry out an impact assessment of the new regulation three years after its implementation, with a view to make the necessary adjustments;
Amendment 96 #
2021/2239(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the extension of the scope of the organic farming regulation to certain products closely linked to agriculture which are not listed in Annex I of the Treaty on the Functioning of the European Union, such as salt; however, expresses its concern about the report on organic salt published on 6 August 2021 by EGTOP, as it is in favour of extending the EU organic label to production methods that not comply with the principles of the EU regulation 2018/848; therefore calls on the European Commission not to follow the advice of EGTOP;
Amendment 105 #
2021/2239(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that Member States should engage all stakeholders, especially organic farmers and associations, local and regional authorities, consumer and private sector representatives and, the hospitality and food industryies, in a consultative process when adopting their national OAPs to achieve the best possible synergies;
Amendment 123 #
2021/2239(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the importance of speeding up the development of organic aquaculture and wild organic picking areas in the EU;
Amendment 128 #
2021/2239(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is of the opinion that legislation and OAPs must provide sufficient room for flexibility for Member States' different organic practices and prerequisites, such as climate zones and length of growing seasons;
Amendment 129 #
2021/2239(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the need for modern and innovative methods when developing new organic seeds and agriculture practices, maintaining high level of protection of human health and the environment;
Amendment 130 #
2021/2239(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6a. Expresses its concern about misleading labels, packaging and advertising that makes it difficult for consumers to distinguish conventional products from organic products; emphasizes that the terms 'locally produced' or 'regionally produced' should only be used if the main ingredients of the food product concerned are actually from that region, and that the terms 'authentic' or 'natural' should never be allowed for industrially processed foods;
Amendment 132 #
2021/2239(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers, however, that increased support for the promotion of organic products should not be at the expense of other sustainable products, such as geographical indications, which strongly contribute to the economic growth in many rural areas and are the flagship of European agriculture;
Amendment 133 #
2021/2239(INI)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Welcomes the launch of an annual EU organic day; believes that it represents an opportunity to improve the visibility and the recognition for organic farming and raise awareness of the benefits of organic production;
Amendment 139 #
2021/2239(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the Commission in further promoting the EU organic logo among consumers, including through organic school schemese promotion of local and organic logos that exists in several Member States and are used together with the EU organic logo; emphasises that it is of paramount importance that consumer surveys on organics are followed by actions to further raise awareness of organic farmingproduction;
Amendment 145 #
2021/2239(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports promoting the consumption of organic food in European schools as it can be an important driver for the development of the organic sector;
Amendment 146 #
2021/2239(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Reminds that demands from professional kitchens differ from those of the households; stresses the importance to create added value for the supply chain and increase the processing level of organic products to respond for the needs of professional kitchens;
Amendment 159 #
2021/2239(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that local and regional authorities play an important role in supporting the structuring of the organic sector in terms of production, logistics and trade, facilitating the creation of organised cooperation between producers, food services and consumers, as well as raising public awareness at local levelbout the differences between various sustainable farming methods and developing educational programmes for preschools and schools;
Amendment 183 #
2021/2239(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that concrete action to promote exports of EU organic products is needed; acknowledge, in this regard, the potential of the existing EU promotion policy for organic production; underlines that any promotion policy should recognise the wide range of sustainable production methods, practises and products in the EU; requests that the Commission report regularly on forthcoming negotiations with the EU’s trading partners to inform Parliament about the potential for expansion of the organic market;
Amendment 206 #
2021/2239(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that an adequate common agricultural policy (CAP) budget should be provided to create incentives for farmers to convert to and maintainfurther develop organic farming practices at national level, through rural development measures or newly introduced eco-schemes, or a combination of the two; calls on the Member States to support generational renewal in organic farming;
Amendment 257 #
2021/2239(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recognise the potential of a common European agriculture data space to increase the consumer knowledge and trust as well as to make the organic supply chain traceable;
Amendment 264 #
2021/2239(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for research and innovation to overcome restrictions in organic agriculture, such as the availability of organic protein feed, vitamins, plant protection products, fertilisers and genetic resources and to encourage meeting societal expectations on animal welfare and efficient resource use; reminds the importance of livestock manure as an organic fertilizer and encourages its sustainable use in the cultivation cycle; welcomes the Commission’s intention to earmark Horizon Europe funding in this respect; calls on the Commission to stimulate and foster cooperation between research communities working on organic and conventional food and farming;
Amendment 275 #
2021/2239(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that bio-fertilizers and bio-based soil improvers are important components of organic farming practices; stresses therefore the need to incentivise innovation with regard to the production of bio-fertilizers and bio-based soil improvers from various types of biomass waste such as animal manure and food waste;
Amendment 282 #
2021/2239(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses the need to support the development of safe, effective and affordable alternative to plant protection products as an important element of the development of organic production;
Amendment 289 #
2021/2239(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the importance of sufficiently available, high-quality organic seeds, heterogeneous material and high- yielding plant varieties, also varieties that are locally adopted; points out their potential in strengthening resilience against plant diseases and the impact of climate change; encourages the Commission and the Member States to step up efforts to improve the functioning of the organic seed market and believes that transitional periods would be helpful in achieving this;
Amendment 7 #
2021/2079(INI)
Draft opinion
Recital B
Recital B
B. whereas agriculture on islands is hampered by their remote location, small holdings, limited diversity in production, dependence on local markets, strong competition from third countries, the climate crisis, environmental degradation, biodiversity loss and a lack of energy, fresh water and digital infrastructure;
Amendment 12 #
2021/2079(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. Whereas islands, especially outermost regions, are very vulnerable to economic crises and, following the Covid- 19 epidemic, they have suffered more severe supply difficulties than mainland areas.
Amendment 15 #
2021/2079(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas these regions are at a strong disadvantage due to competition from third countries, which do not respect the same environmental and food safety production standards, and have much lower labour costs, making it very difficult to afford new investments intended to improve their competitiveness and to adapt to new EU legal requirements.
Amendment 19 #
2021/2079(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
B c. Whereas the impact of the Farm- to-Fork strategy on EU agricultural production may have severe consequences in these regions due to their weak competitiveness vis-à-vis imports from third countries and the challenges they face in the diversification of their productions.
Amendment 21 #
2021/2079(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
B d. Whereas services of general interest are not fully developed in all islands, mainly due to insufficient investments in basic infrastructures, such as roads, water supply or waste management facilities, which further hinders the development of viable agricultural production.
Amendment 30 #
2021/2079(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to maintainpromote appropriate funding, including through the programmes for the outermost regions and smaller Aegean islands, to enhance agricultural competitiveness, ensure sustainable management of natural resources and support balanced territorial development on EU islands;
Amendment 32 #
2021/2079(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the maintenance of the POSEI funds in the current EU financial framework, and stresses the role played by this program in supporting agricultural production and supply in outermost regions through specific tools; nevertheless, asks the Commission to make an in-depth evaluation of the financial needs of those regions to help them achieve the ecological transition and to improve their economic resilience.
Amendment 60 #
2021/2079(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Member States to strengthen support from cohesion funds for the improvement of basic infrastructure on islands, in order to reduce the exodus to other regions and to ensure better conditions for the development of the agricultural activity.
Amendment 71 #
2021/2079(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 74 #
2021/2079(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the European Commission to establish a separate chapter dedicated to the outermost regions in its impact assessments of the Farm-to- Fork and Biodiversity strategies, and to take into account the outcome of these assessments in order to adapt, if necessary, the legislative actions to the natural and economic difficulties of these regions and to the strong competition from third countries.
Amendment 77 #
2021/2079(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Considers it necessary to strengthen EU support to the modernisation of the agricultural activity in the islands, including through the promotion of precision farming, to help those regions meet the Green Deal objectives.
Amendment 49 #
2021/2060(INI)
Motion for a resolution
Recital N
Recital N
N. whereas in many cases family mediation has proven to be quicker, cheaper and more child-friendly than court proceedingo resolve the dispute than court proceedings and it may help to prevent the future parental child abductions;
Amendment 51 #
2021/2060(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. Whereas in most Member States there is no legal aid available for mediation for parents with limited financial means who would be at the same time eligible for receiving legal aid for legal proceedings;
Amendment 84 #
2021/2060(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to enable access to high-quality legal representation for children involved in civil, administrative and family disputes, especiallyin cases when parents do not exercise full parental responsibility or when there is a suspicion that their interests may conflict with the best interests of the child;
Amendment 93 #
2021/2060(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to make sufficient resources available to ensure that family law proceedings involving children are handled with the utmost compliance with the standards of child-friendly justice and without undue delay;
Amendment 94 #
2021/2060(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to encourage existing networks and platforms of legal professionals to exchange good practices on the hearing of the child, the child right to information and the right to privacy across the EU; encourages European Judicial Training Network to provide for such a forum for judges involved in cross-border family disputes;
Amendment 120 #
2021/2060(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and Member States to continue to support existing networks of mediators in cross- border family disputes;
Amendment 126 #
2021/2060(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to facilitate access to legal aid for mediation for cases of cross-border family disputes for parents with limited financial means;
Amendment 20 #
2021/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses, in line with the Report, that effective justice systems which are independent and efficient are essential for upholding the rule of law; highlights, in particular, the need for the judiciary to be able to exercise its functions with full autonomy, without intervention from any other institution or body, in accordance with the principle of separation of powers; furthermore stresses that the independence and the impartiality of judges require unequivocal rules to be laid down on the composition of judicial bodies, the appointment procedure, length of service and grounds for rejection and dismissal prior to any decisions thereon;
Amendment 56 #
2021/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to continue reviewing whether the COVID-19 related emergency measures are subject to judicial oversight to ensure that they are justified, necessary and proportionate, and that access to judicial redress is not disproportionally affected by the closure of courts;
Amendment 60 #
2021/2025(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that the Report rightfully addresses the necessary digitalisation of justice proceedings and training for judges, including on the rule of law and; regrets that the Report is silent on training for advocates; reminds that the Charter of Ffundamental Rrights (the Charter); regrets that the Report is silent on training for advocate is applied by judicial authorities only when implementing European law, however, that for fostering a common rule of law culture, it is important that the rights as enshrined in the Charter are always taken into account in civil and administrative proceedings; calls therefore on the Commission to also consider Charter- focused training modules for judges and legal practitioners; regrets that the Report does not cover the rights laid down in Article 47 of the Charter, such as the right to be defended and represented and the right to legal aid; calls on the Commission to extend the scope of its next Report to those areas.
Amendment 1 #
2021/2013(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Believes that the European Union's strategic autonomy has to be a key objective when addressing shortages of medicines, which has been a serious concern for many years currently amplified by the current COVID-19 pandemic;
Amendment 6 #
2021/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that the diversification of production and supply chains as well as tactical stockpiling of essential medicines will help to achieve strategic autonomy; believes that the dependence of the EU on certain raw materials from third countries and the lack of such production technologies within the EU need to be addressed with priority within a new multi-year pharmaceutical strategy;
Amendment 14 #
2021/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission and the Member States to introduce tax and financial incentives, to authorise State aid and to supervise public funding as incentives for manufacturers to relocate to Europe the manufacture of the active ingredients and medicinal products of strategic importance for health care, in order to create a more crisis-resilient system;
Amendment 21 #
2021/2013(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Underlines the important role played by public investments in R&D, and calls on the Commission and the Member States to establish full transparency on the results of publicly financed R&D so that patenting and licensing conditions guarantee a public health return on public investments;
Amendment 34 #
2021/2013(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the TRIPS Agreement lays down the rules applicable to compulsory licences, in particular the grounds on which they are granted, the requirements for limited scope and duration and for the payment of adequate remuneration to the rightholder; notes that the legislation of most Member States provides for compulsory licences, but not under the same conditions; notes, however, that compulsory licences for patents are not frequently used; notes that some Member States have already made use of compulsory licensing, in order to tackle the Covid-19 pandemic; calls on the Commission to encourage Member States to make use of compulsory license schemes to this effect;
Amendment 39 #
2021/2013(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that compulsory licensing schemes need to be part of wider EU action to address the issue of access to medicines; calls on the Commission to examine the legal and economic implications of voluntary and compulsory licences and their potential to address the shortage of medicines in the EU;
Amendment 42 #
2021/2013(INI)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Believes that secure and open access to interoperable health data must be increased while fully respecting EU data protection rules; further suggests establishing open platforms, creating synergies between databases on different types of health data and to extend the collaboration between private and public actors in this sector; encourages the development of platforms, which monitor and provide information on the safety and effectiveness of vaccines after the authorisation procedure;
Amendment 43 #
2021/2013(INI)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Stresses the need for increased access to data for high performance computing, artificial intelligence and robotics, new technologies, which can help accelerate the identification of potential active substances, render animal testing obsolete and support the development of new medicines or therapies; stresses, however, the need for high ethical standards at EU level, notably in view of gender or other bias;
Amendment 4 #
2021/2007(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to its resolution of 6 October 2015 with recommendations to the Commission on the possible extension of geographical indication protection of the European Union to non-agricultural products,1a _________________ 1a Texts adopted, P8_TA(2015)0331.
Amendment 23 #
2021/2007(INI)
3 a. Believes that GIs should be better protected against all practices of commercial parasitism in Union law, including when used as ingredients or in services. It is important to ensure that the reputation of the GI in question is not diluted nor weakened by a third party.
Amendment 32 #
2021/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the great potential of the online market for GIs and TSGs, but stresses that it can only be achieved if intellectual rights are better protected; calls on the Commissionthis requires that the protection of GIs applies to goods that are sold through means of electronic commerce and that procedures are made available to GIs to prevent the registrations in bad faith of domain names that undermine GI protection ; calls on the Commission to table proposals to enhance GIs in order to be at the forefront of online protection by including itand to negotiate such a protection in bilateral and multilateral trade agreements;
Amendment 40 #
2021/2007(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to continue supporting the ability of European companies to innovate on the basis of a comprehensive intellectual property regime, in order to maintain effective protection for their R&D investments, to secure fair returns through licensing and, at the same time, to continue developing open technology standards that support competition and choice as well as the participation of EU industry in the development of key technologies at global level;
Amendment 47 #
2021/2007(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is convinced that support for SMEs, including financial and non-financial measures, is the right way to provide them with better access to IPRs and that the Union’s financial instruments are of the utmost importance in this context; calls on the Commission and the EUIPO, therefore, to continue implementing IP management support measures for SMEs in the context of the economic recovery, including the provision of one-stop shop access to information and related services and advice about IP; stresses that this support will help to leverage and promote all national and regional initiatives of members of the European Union Intellectual Property Network (EUIPN);
Amendment 48 #
2021/2007(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists, however, that intellectual property rights should not lead to a reduction in the diversity of species and varieties and a loss of independence for farmers; also insists that farmers must remain the owners of their seeds and breeding material and must be able to select and adapt them to local conditions and needs.
Amendment 51 #
2021/2007(INI)
6 a. Welcomes the intention of the European Commission to work with international partners to protect GI's worldwide through the WIPO multilateral Lisbon Registry and to step up its participation in global internet fora so that the international domain name system (DNS) fully respects IPRs, including GI's.
Amendment 67 #
2021/2007(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that innovative SMEs benefit from a consistent European patent system, and underlines that the Unified Patent Court Agreement (UPCA) and its Rules of Procedure represent a carefully balanced solution reflecting the Union's fundamental principles of proportionality, flexibility, fairness and equity;
Amendment 69 #
2021/2007(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States; urges the Commission to issue guidelines for the Member States and address this fragmentation, including by legislative proposals;
Amendment 83 #
2021/2007(INI)
12. Asks the Commission to further investigate, together with the relevant stakeholders, the requirements for an independent system of third-party essentiality checks by identifying the demand for, assessing the impact of and defining the role that resources such as emerging technologies like AI and/or technical expertise contributed by the EPO could play in that context, and to use the knowledge gained as input for the legislative initiative on SEP envisaged for the beginning of 2022 based on appropriate impact assessments;
Amendment 89 #
2021/2007(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the value of existing industry-led voluntary initiatives to facilitate SEP licensing for the Internet of Things, such as licensing pools, which bring together the vast majority of European and international cellular technology developers;
Amendment 94 #
2021/2007(INI)
Motion for a resolution
Paragraph -14 a (new)
Paragraph -14 a (new)
-14a. Believes that the recognition of GIs for non-agricultural products is relevant to the priorities of EU programmes being developed, including those of the Industrial Strategy, with the development of short supply chains, as well as the Green Deal by fostering locally-made products with greater traceability and transparency on the origin of the product and manufacturing processes deployed;
Amendment 96 #
2021/2007(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the Commission in its initiative to establish EU sui generis protection of geographical indications (GIs) for non-agricultural products in order to align to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which the EU has signed and which includes the possibility to protect GIs for both agricultural and non-agricultural products; expects the Commission to propose legislation in this regard as soon as possible and at the end of 2021 at the latest;
Amendment 98 #
2021/2007(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasizes that the introduction of an EU sui generis protection system of geographical indications for non- agricultural products will have a positive economic impact on microenterprises and SMEs, as well as a general impact on employment, development and tourism in rural areas, which could in particular help the EU’s recovery after the COVID- 19 crisis; believes that such sui generis protection of non-agricultural GIs would also facilitate access to third country markets through EU trade agreements;
Amendment 107 #
2021/2007(INI)
Motion for a resolution
Paragraph -16 a (new)
Paragraph -16 a (new)
Amendment 109 #
2021/2007(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way; calls on the Commission to further harmonise the application and invalidation procedures in the Member States;
Amendment 114 #
2021/2007(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that while rights attached to trade marks are enforceable against infringing goods transiting though the EU, those attached to design are not; calls on the Commission to close this gap in the revision of the design legislation and make it possible for brand owners to put a stop to design counterfeits transiting through the EU; believes that the EU Design protection system should be aligned with the EU Trademark system in order to allow for design holders to prevent design infringing goods to enter into the EU’s customs territory and should encompass all customs situations, including situations, where such goods are not intended to be released for free circulation in the European Union;
Amendment 116 #
2021/2007(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that there should be no private use exception of 3D printed designs and that copies of infringing 3D printed files for private and non- commercial use have to be considered as design infringement;
Amendment 118 #
2021/2007(INI)
19. Points out that counterfeit goods, in particularsuch as, for example, counterfeit medicines andor fake personal protective equipment andor masks in the context of the COVID-19 pandemic, can have serious impacts on the health of EU citizens and can cause serious harm to public health; argues that although market surveillance activities are aimed at protecting general public interests, while counterfeited products relate to the protection of private intellectual property rights, there is a close relation between counterfeited products and risks to health and safety of consumers;
Amendment 126 #
2021/2007(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to take concrete actions to monitor wilful infringement of intellectual property rights, where infringement is used in bad faith as a deliberate commercial strategy;
Amendment 128 #
2021/2007(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the Internet is significantly used to distribute counterfeit products and IPR-infringing services and welcomes the proposal of the Commission for a Digital Services Act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that AI and blockchain could play an important role in detecting counterfeited and piracy and enforcing IPR in the whole supply chainted goods available online as well as contribute to enhanced enforcement of IPR in the whole supply chain, from extracting raw materials to selling the final product; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory in this respect, in order to further promote the use of these new technologies;
Amendment 132 #
2021/2007(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Suggests to further clarify how rights holders, intermediaries and law enforcement authorities at national and at EU level could ameliorate their cooperation and how they could extend data sharing on counterfeited goods, detected online, with each other; recommends that domain name registries and registrars are included in the list of shared data, in line with data protection rules, in order to enhance the effectiveness of IPR enforcement;
Amendment 137 #
2021/2007(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that IP protection related to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the protection of inventions created with the help of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO; underlines that AI and related technologies used for the registration procedure to grant IPRs cannot be a substitute for human review carried out on a case-by-case basis, in order to ensure the quality and fairness of decisions;
Amendment 147 #
2021/2007(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Regretcalls the fact that the Commission’s 2016 study on p"Patent aAssertion eEntities (PAE) in Europe"10 did not provide a clear answer to the question of whether the business models of some PAE, consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries, abuse loopholes in existing legislation and thereforeconcluded that the EU legal framework already provides for safeguards against abusive behaviour; nevertheless encourages the European Commission to constitute a problem that should be tackled; calls the Commissionnue monitoring this issue and to carry out an in-depth study on this issueies where needed; _________________ 10European Commission Joint Research Centre, Patent Assertion Entities in Europe: Their impact on innovation and knowledge transfer in ICT markets, 2016.
Amendment 153 #
2021/2007(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Suggests that , as a political priority, an IP coordinator be established at European level in order to ensure a holistic and coordinated approach to EU IP policy and enhance cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge of IPR, such as the EPO, EUIPO and WIPO; the IP coordinator would further promote the fight against counterfeiting at highest political level, which becomes necessary due to the scale of practice of counterfeiting, its upwards trend and the negative impact counterfeited goods have on consumers and businesses alike;
Amendment 6 #
2021/0227(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the importance of the transitional common agricultural policy (CAP) measures to bridge the gap to the new legal basis for a strongmeasures to enable a soft landing on the new Common Agricultural Policy reform while contributiong to the European Green Deal; points at the possible strong repercussions of the negotiated compromises on the budget structureachievement of the European Green Deal objectives; welcomes the reinforcement of the European Agricultural Fund for Rural Development (EAFRD) by EUR 5,7 billion from Next Generation EU (NGEU) in 2022; highlights that NGEU support is not only essential to the recovery of farmers and rural areas from the impact of the pandemic, but also crucial to the Union’s ambitious environmental targets;
Amendment 10 #
2021/0227(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes the recovery funds which are devoted to support agri-food operators in their efforts to adapt to climate change and to provide European consumers with sustainable and local products; stresses that special attention must be paid to the quality agri-food products hardest hit by the Covid-19 crisis;
Amendment 18 #
2021/0227(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Questions the cost-benefit analysis of the current crisis reserve which has remained unused despite several demands for support during the COVID-19 pandemic; welcomes the political agreement reached in the framework of the CAP reform to improve the crisis reserve, although it has not incorporated more ambitious proposals supported by the European Parliament;
Amendment 23 #
2021/0227(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that the COVID-19 pandemic has emphasised the strategic role that agriculturethe Common Agricultural Policy plays in avoiding a food crisis by providensuring safe, high-quality food at affordable prices; Insists that some of the COVID-19 crisis measures supporting agricultural sectors need to be continued in 2022should be implemented in the budgetary year 2022 in order to mitigate the impact of the COVID-19 pandemic;
Amendment 26 #
2021/0227(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Asks the European commission to implement in the budgetary year 2022 exceptional measures to help farmers overcome the Covid-19 crisis, which has strongly hit some agricultural sectors, including flowers, wine, cheese and some meat producers; is of the opinion that the EU should dedicate for that purpose the margin of 340 million euro that will remain after assigned revenues;
Amendment 33 #
2021/0227(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 37 #
2021/0227(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Fragile agricultural sectors play an important role in economic, social or environmental terms; takes the view that voluntary coupled support to those sectors should be maintained at the same level; therefore opposes to the reduction of 13 million euros proposed in the 2022 draft budget;
Amendment 38 #
2021/0227(BUD)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines the need to firmly support generational renewal in the agricultural sector in order to reverse the aging trend which risks jeopardizing the EU agricultural sovereignty; therefore rejects the reduction of 5 million euros proposed in the draft budget for the young farmers' payments;
Amendment 1 #
2021/0214(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its communication on the European Green Deal31 , set out a new sustainable growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient, circular and competitive economy, where there are no net emissions (emissions after deduction of removals) of greenhouse gases (‘GHG emissions’) in 2050 and where economic growth is decoupled from resource use. The European Green Deal also aims to protect, conserve and enhance the EU’s natural capital, and protect the health and well- being of citizens from environment- related risks and impacts. At the same time, that transformation must be just and inclusive, leaving no one behindcreating sustainable growth and jobs and leaving no one behind. In addition, the European Green Deal aims to support the global efforts towards the achievement of the Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development (UN SDGs) and the Paris Agreement. The Commission also announced in its EU Action Plan: Towards Zero Pollution for Air, Water and Soil32 the promotion of relevant instruments and incentives to better implement the polluter pays principle as set out in Article 191(2) of the Treaty on the Functioning of the European Union (‘TFEU’) and thus complete the phasing out of ‘pollution for free’ with a view to maximising synergies between decarbonisation and the zero pollution ambition. _________________ 31Communication from the Commission of 11 December 2019 on the European Green Deal (COM(2019) 640 final). 32Communication from the Commission of 12 May 2021 on Pathway to a Healthy Planet for All (COM(2021) 400).
Amendment 20 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. That initiative should be combined with incentives for innovation, aimed to facilitate the decarbonisation process and policies aimed at promoting investments in low-carbon industrial processes.
Amendment 24 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissshould be gradually phased-out, in line with Union’s commitment and targets for decarbonisation and in order to comply with the WTO’s trade rules and avoid double compensations.
Amendment 26 #
2021/0214(COD)
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. CBAM should be transparent, proportionate and easy to administer and should avoid any undue financial and administrative burden on enterprises, especially small and medium- sized enterprises (SMEs). The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union nor should lead to any market distortion.
Amendment 29 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated, as well as encourage carbon pricing worldwide, thus enhancing a global level playing field.
Amendment 36 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage, promote carbon pricing globally, enhance decarbonisation in a cost-effective and technology-neutral way and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility.
Amendment 51 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision (EU) 2019/70842 . Any further extension of the sectors and products, covered by the CBAM, should take place after an exhaustive scientific analysis and risk assessment, based on the latest available scientific evidence. The potential contribution of such extension, and possible negative effects as well as the effects on the stability of the internal market should also be taken into consideration. _________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 68 #
2021/0214(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Green Deal objectives in the agricultural sector could result in additional carbon leakage to third countries and in a loss of European producers' competitiveness; in addition, the inclusion of fertilisers in the CBAM could lead to a further increase of agricultural production costs; the EU should therefore strengthen its support to promote sustainable fertiliser management by EU farmers and reduce fertiliser consumption through the use of digital systems, improved farming practices, investments in precision farming, increased cultivation of leguminous crops, support for organic farming and the financing of low-carbon agriculture projects.
Amendment 76 #
2021/0214(COD)
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51a) To facilitate and ensure a proper functioning of the CBAM and to avoid internal market distortions or excessive administrative burden for enterprises, in particular SMEs, the Commission should provide them with technical advice and technical assistance in order to facilitate their adaptation to the new obligations established by this Regulation and to avoid causing technical obstacles to trade.
Amendment 78 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should, in particular, focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as , the actual imparct of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmn climate and environmental protection and the impact on the competitiveness and viability of the Union’s economy. The report should also examine the effects on sustainable innovation and changes in trade flows and supply chains with regards to fertilisers, and the effects on the prices of fertilisers and agricultural production. The Commission should also assess the cumulative impact on the Union agricultural sector, what are the effects of this Regulation on Union enterprises, including a quantitative assessment of impacts, specifically on small and medium sized enterprises (SMEs), and actual compliance cost. The effects of the potential performance of products and organisations (OJ L 124, 4.5.2013, p. 1)extension of the scope of this Regulation to agricultural goods and its possible implications should also be evaluated.
Amendment 83 #
2021/0214(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The European Commission should analyse the impact of the CBAM on the economy and the sectors not covered by this regulation, including the agricultural sectors, as well as the possibility of dedicating revenues obtained through CBAM to the financing of measures aimed at reducing carbon emissions and promoting more sustainable management of fertilisers in the European Union.
Amendment 85 #
2021/0214(COD)
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methodsa47a . _________________ 47aCommission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 87 #
2021/0214(COD)
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) To facilitate the achievement of the objectives of this Regulation, to incentivise global climate action, both within the Union and globally, and to support a market for low-carbon goods, continuous dialogue with all relevant stakeholders and Union’s trade partners should be carried.
Amendment 96 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage and encourage carbon pricing worldwide.
Amendment 131 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Amendment 153 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the: (a) assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an; (b) assessment of the governance system. It shall also contain the; (c) assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. ; (d) assessment of the real impact on climate and environmental protection; (e) assessment of the impact on the competitiveness and viability of the Union’s economy; (f) identification of the effects on sustainable innovation and changes in trade flows and supply chains with regards to fertilisers; (g) assessment of the effects on the prices of fertilisers and agricultural production; (h) assessment of the cumulative impact on the Union agricultural sector; (i) identification of the effects on Union enterprises, including a quantitative assessment of impacts, specifically on small and medium sized enterprises (SMEs), and actual compliance cost; (j) assessment of the effects from the potential extension of the scope of this Regulation to agricultural goods and its potential implications.
Amendment 161 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. The report shall also contain an assessment of the impact of CBAM on the economy and on sectors not covered by this regulation, such as the agricultural sector, as well as an evaluation of the possibility of earmarking EU revenues coming from CBAM to promote measures contributing to cut down EU carbon emissions and to reduce the agriculture's dependence on fertilisers, in order to help EU producers achieve the objectives established in the Green Deal.
Amendment 87 #
2021/0104(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 227 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a
Article 19 a
1. Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.
Amendment 300 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Amendment 444 #
Amendment 449 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Sustainability reporting standards for SMEs
Amendment 452 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Amendment 454 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Amendment 467 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a Directive 2013/34/EU
Article 1 – paragraph 1 – point 5 – point a Directive 2013/34/EU
(g) a description of the diversity policy applied in relation to the undertaking's administrative, management and supervisory bodies with regard to gender and other aspects such as, age, or educational and professional backgrounds or disabilities, the objectives of that diversity policy, how it has been implemented and the results in the reporting period. If no such policy is applied, the statement shall contain an explanation as to why this is the case.;
Amendment 529 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Amendment 610 #
2021/0104(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall provide that the provisions referred to in the first subparagraph shall apply for financial years starting on or after 1 January 20234
Amendment 615 #
2021/0104(COD)
Proposal for a directive
Article 6 – paragraph 1 u
Article 6 – paragraph 1 u
Article 4 of this Directive shall apply to financial years starting on or after 1 January 20234.
Amendment 19 #
2021/0031(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The regional economic accounts for agriculture (REAA) are a regional-level adaptation of the EAA. National figures alone cannot reveal the full and sometimes complex picture of what is happening at a more detailed level. Therefore, regional- level data help to increase the understanding of the diversity that exists between regions, complementing information for the Union, the euro area and individual Member States. The REAA therefore need to be integrated into Regulation (EC) No 138/2004 both in terms of methodology, transmission programme of data, and appropriate transmission deadlines.
Amendment 23 #
2021/0031(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Expanding national statistics to the regional level is essential to get a full picture of the situation of the agricultural sector, especially in the context of the results-oriented performance framework of the new CAP reform, which will enter into force in 2023. By providing better data for assessing the sustainability of the agricultural sector for the environment, people, regions and economy, the European System of Agricultural Statistics will also contribute to the priorities of the Green Deal, and in particular to the Farm-to-Fork and Biodiversity strategies.
Amendment 24 #
2021/0031(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) Agricultural statistics should provide high-quality statistical evidence for the implementation and monitoring of the CAP, which is an important driver for jobs and sustainable economic growth in the Union.
Amendment 25 #
2021/0031(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 223/2009 provides the legal framework for European statistics and requires Member States to comply with the statistical principles and quality criteria specified in the Regulation. Quality reports are essential for assessing, improving and communicating on the quality of European statistics. The European Statistical System Committee (ESSC) has endorsed the single integrated metadata structure as the ESS standard for quality reporting, thereby helping to satisfy, through uniform standards and harmonised methods, the statistical quality requirements laid down in Regulation (EC) No 223/2009, in particular those set out in Article 12 (3) thereof. This Regulation shall respect the general statistical principle set out in Regulation (EC) No 223/2009, which provides that the costs of producing statistics are to be proportional to the importance of the results and benefits sought, that resources are to be used optimally and that the response burden is to be minimised.
Amendment 26 #
2021/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 138/2004
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The first transmission of data for the regional economic accounts for agriculture shall take place by 30 June 2022 at the latestat NUTS 2 level within the meaning of Regulation (EC) No 1059/2003 shall take place within 21 months of the end of the first reference year. The first reference year shall be the year during which this Regulation enters into force.’
Amendment 30 #
2021/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 138/2004
Article 4a – paragraph 3
Article 4a – paragraph 3
3. The Commission (Eurostat) shall assess the quality of the data transmitted. For that purpose, Member States shall transmit a quality report to the Commission (Eurostat), for the first time by 31 December of the year [insert the year starting 1 January following 24 months after the date of entry into force of this Regulation], and every five years thereafter, for the data sets transmitted during the period concerned.
Amendment 33 #
2021/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 138/2004
Article 4b – paragraph 1a (new)
Article 4b – paragraph 1a (new)
1 a. Where a derogation as referred to in paragraph 1 remains justified by sufficient evidence at the end of the period for which it was granted, the Commission may, by means of implementing acts, grant a subsequent derogation for a maximum period of two years.
Amendment 34 #
2021/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2. TFor the purpose of a derogation as referred to in paragraph 1, the relevant Member State concerned shall submit a duly reasoned request for such a derogation to the Commission within three months of [insert the date of the entry into force of this Regulation] or six months before the end of the period for which a current derogation has been granted.
Amendment 9 #
2020/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that agricultural productivity and resilience depend on biodiversity to guarantee the long-term sustainability of our food systems; underlines, furthermore, that much of the biodiversity across Europe has been created by farming and forestry and its survival is dependent on the continued active management of farmland; highlights the fact that sustainable and effective management of natural resources is of the utmost importance for maintaining biodiversity and combating climate change; therefore believes implementation should focus on profitable measures;
Amendment 34 #
2020/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the high level of ambition of the EU biodiversity strategy for 2030 in seeking to halt and reverse biodiversity loss in the EU; reminds that effective implementation of the strategy calls also for economic and social aspects to be recognized in a more balanced way; considers that this level of ambition encourages policy action at all levels and promotes the development of research and innovative solutions to tackle biodiversity loss; stresses that the continuous decline in farmland biodiversity is a reality and that bold action is needed to counteract this trend; underlines that prior to expanding the cover of protected areas across Europe a holistic and in-depth evaluation of the effectiveness of current protected land areas is crucial;
Amendment 71 #
2020/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the strong link with the Farm to Fork strategy, the Forest strategy and the Bioeconomy strategy and the need for a holistic approach to the food system and to the forest value chains, keeping in mind all three pillars of sustainability (environmental, economic and social); calls on the Commission to establish an evidence-based evaluation of the implementation of the Biodiversity strategy’s measures and targets, in particular of the individual and cumulative impacts on the social and economic sustainability of agriculture and forest based sector in the EU, food security and prices, and the potential risks of displacing biodiversity losses abroad by the replacement of local agricultural production with imports; as well as impacts on the wood availability, innovation, competitiveness, resilience and autonomy, including the potential leakage effects of the bioeconomy if the implementation restricts the sustainable usage of natural resources inside EU and which could increase the use of fossil raw-materials;
Amendment 90 #
2020/2273(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that for the EU to be climate-neutral by 2050 there is a need for determined shift from the fossil economy to a circular bio-economy requiring investments for example in forest growth and the continued availability of wooden raw material guaranteed by sustainable forest management; highlights that sustainable forest management can support long-term wood availability for bio-based products while enhancing biodiversity and carbon storage; highlights the importance of using internationally recognized definitions to ensure consistency of collected data on global level;
Amendment 100 #
2020/2273(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Emphasises the importance of thorough and comprehensive impact assessments for any implementation actions related to the Biodiversity Strategy; calls on the acknowledgement of the subsidiarity and proportionality of the implementation measures which should avoid any unnecessary administrative burden; reminds that the consideration of specific national conditions as well as measures already taken by Member States have to be taken into account;
Amendment 102 #
2020/2273(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that biodiversity conservation is a key societal goal, requiring a broad and inclusive debate, and the effective participation of everyone in society, in particular those more affected by the measures, such as the farming community, landowners, and the forest based sector, while at the same benefiting from their knowledge and experience, avoiding top-down measures; and creating a sense of ownership, vital for the successful implementation of the strategy and generational renewal in the sector; stresses the need to provide remuneration and prioritise positive incentives and voluntary bottom-up participatory process in order to increase the acceptance, motivation and commitment of biodiversity protection, and thus, calls for a careful approach towards any new legally binding instrument; highlights the need to fully respect and support the rights of landowners; taking into account the actual base line at MS level and prioritizing voluntary measures;
Amendment 118 #
2020/2273(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises the strong link of the strategy with the post 2020 EU Forest Strategy and the need for a holistic approach to forests; stresses that the future EU Forest Strategy should be used as the main policy framework to coordinate all policies related to forests, forestry and the forest-based sector; Reiterates that Member States continue to decide, as highlighted in the views of the Council and the Parliament on the EU Forest Strategy, on policies on forestry and forests, including on their conservation, protection and restoration measures; stresses that defining forest and forestry related terms and measures, including e.g. protection and strict protection, old-growth and primary forests, afforestation and reforestation, degraded areas and closer to nature forestry, should be done by the Member States;
Amendment 131 #
2020/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key role of the common agricultural policy (CAP) in protecting and promoting farmland biodiversity while keeping in mind the main objectives of the CAP stated in the Article 39 of the Treaty; underlines the potential of the green architecture components of the CAP in promoting and providing incentives for the transition to more sustainable agricultural systems for producing food and maintaining high nature valuebiodiversity on farmland; considers that Member States must ensure the timely development and uptake of actions which contribute to enhancing the delivery and potential of biodiversity benefits in line with the required level of ambition while taking account special conditions at national, regional and local level as one size does not fit all;
Amendment 157 #
2020/2273(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of maintaining and restoring high-diversity landscape features in agricultural landscapes for their value in terms of biodiversity, pollinators and the natural biological control of pests; calls on the Member States to develop the necessary measures under their CAP Strategic Plans to promote non-productive areas and features with the aim of achieving an area of at least 10% of high diversity areas beneficial for biodiversity at national level, promoting interconnectivity between habitats and thereby maxas well as agricultural practices which contribute to biodiversity promoting sustainably managed interconnections between habitats and thereby maximising the potential for biodiversity where voluntary measures needs to be taken into account; stresses that dedication to high diversity should not result in the withdrawal of areas from food production, which would put additional pressure on agricultural land availability and prices; reminds that access to land is one of the primary factors limisting the potential for biodiversitsettlement of young farmers and the renewal of generations in European farms, which is an important objective of the European agricultural policy;
Amendment 184 #
2020/2273(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls Commission to pay attention to the loss of biodiversity caused by the built environment and urbanization and to take effective measures to enhance biodiversity in urban areas, which should be seen in a holistic way with rural areas;
Amendment 202 #
2020/2273(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the recognition of organic farming as a strong component on the EU’s path towards more sustainable food systems; underlines that the development of organic food production must be market driven and accompanied by research, innovation and scientific transfer, market and supply chain development, and measures stimulating demand for organic food, ensuring both the stability of the organic products market and the fair remuneration of farmers;
Amendment 208 #
2020/2273(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that soil biodiversity covers different soil types (mineral and organic) which provide ecosystem services and public goods including food production, where organic soils rich in nitrogen supply and water retention capacity provide good conditions for biomass growth under non-rainy periods; therefore underlines that the role of climate change and biodiversity adaptation of drought-resistant organic soils needs to be seen broadly, and their essential importance on food and biomass security and resilience must be recognized;
Amendment 225 #
2020/2273(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines the importance of sustainable forest management for the health and longevity of forest ecosystems including fauna and flora and the preservation of the multifunctional role of forests as well as for the achievement of the SDGs and for the implementation of the European Green Deal and combating climate change; reminds that the Member States have the responsibility for the implementation of forestry and selection of forestry measures; highlights the potential of agroforestry to improve and boost ecosystem services and farmland biodiversity, while enhancing farm productivity;
Amendment 272 #
2020/2273(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the importance of plant protection products and tools for food security, the stability of agricultural production and climate change adaption and the sustainability of farmers’ incomes; considers that, although progress has been made, a substantialfurther reduction in the use and risks of chemical pesticides accompanied with development of alternative sustainable protection technologies is needed; stresses the key role of integrated pest management in reducing pesticide dependency, and urges the Member States to ensure it is applied and its implementation is assessed systematically; stresses that farmers need a bigger toolbox of crop protection solutions and methods, as well as bolstered research, innovation, training and advisory systems; as well as better access to new and better low risk active substances;
Amendment 306 #
2020/2273(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Regrets the fact that agricultural production is being increasingly concentrated in a limited range of agricultural crops, varieties and genotypes; underlines that preserving genetic variability in all its components is crucial to promoting the diversity and richness of agricultural ecosystems and to the preservation of local genetic resources, in particular as a repository of solutions to help in facing the environmental challenges that lie aheadand food security challenges that lie ahead; reminds that achieving effective results requires investments in both new plant breeding techniques and the utilization of old varieties.
Amendment 361 #
2020/2269(INI)
Motion for a resolution
Paragraph 32 – point a (new)
Paragraph 32 – point a (new)
(a) Underlines that no time limit on transport of animals going to slaughter should be set before the European Commission's impact assessment is published; points out that such possible time limits shall be based on an assessment taking into account objective conditions such as the geographical and transport infrastructure characteristics of some Member States and regions;
Amendment 361 #
2020/2269(INI)
Motion for a resolution
Paragraph 32 – point a (new)
Paragraph 32 – point a (new)
(a) Underlines that no time limit on transport of animals going to slaughter should be set before the European Commission's impact assessment is published; points out that such possible time limits shall be based on an assessment taking into account objective conditions such as the geographical and transport infrastructure characteristics of some Member States and regions;
Amendment 121 #
2020/2260(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to its resolution of 13 September 2018 on a European One Health Action Plan against Antimicrobial Resistance,
Amendment 169 #
2020/2260(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission communication on a Farm to Fork Strategy sets out a holistic approach of the European food system, with agriculture, as a provider of food, fibre, renewable energies and fuel, at the centre, while recognising the interconnectedness and shared responsibility of all actors throughout the whole supply chain to achieve the Strategy's objectives;
Amendment 177 #
2020/2260(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Commission communication on a Farm to Fork Strategy aims to sets out a holistic approach of the European food system, with agriculture, as a provider of food, fibre and fuel, at the centre, while recognising the interconnectedness of all actors throughout the whole supply chain;
Amendment 199 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should delivers food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas cfurrently,ther efforts are necessary in the food system isto responsible forduce a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transformevolve further in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areaas well as in general to achieve a coherent balance between the pillars of sustainability, including the environment, climate, public health, food affordability, animal welfare, food and economic sustainability for farmers and actors further down the food chain, as well as social aspects such as working and employment conditions and health and safety standards;
Amendment 233 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliverguarantees food and nutrition security in a way thatand contributes to social well- being and maintains and restoresto ecosystem health; whereas currently, the food system is responsible for a range of needs to make efforts to reduce its impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to transformbe improved in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 298 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector,-food sector, consisting of various farming models and driven by family farms, continues to ensure diverse quality food production, local and transparent supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU;
Amendment 306 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by small and medium-sized family farms, continues to ensure quality food production, local supply chains, good agriculture practices, high environmental standards and vibrant rural areas throughout the EU;
Amendment 320 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the transition of European agriculture towards more sustainable practices and circularity will require substantial investments and adequate access to finance is a precondition; whereas the EIB is committed to increase the share of its financing of investments in climate action and environmental sustainability to reach 50 % of its operations in 2025 and from then on; whereas this could be utilised to roll out technologies that contribute to sustainable practices and to strengthening the link of agriculture to the circular economy;
Amendment 372 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is important that consumers are informed and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, andthe availability of a wide variety of products to choose from, the availability of comprehensible information on parameters including nutritional and sustainability-relevant facts, as well as well-educated consumers; whereas it is important to fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare;
Amendment 394 #
2020/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, on 24 July 2020, the European Commission appointed its first Chief Trade Enforcement Officer, whose primary role is to enforce and ensure compliance with the rules, both in the EU and globally;
Amendment 417 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment maintaining the integrity of the Internal Market;
Amendment 435 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Farm to Fork Strategy must build on all three pillars of sustainability (economic, social and environmental) and should commit, encourage and incentivise all relevant stakeholders in the food chain for sustainability while taking account the steps already taken;
Amendment 445 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas Geographical Indications result from the immemorial EU heritage and they are the fruit of the adaptation of man to his environment and an expression of the EU identity;
Amendment 462 #
2020/2260(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Covid-19 crisis has highlighted shortcomings in the free movement of goods, due to a lack of coordination between the Member States in the initial phase of the lockdown, leading to a disruption of the internal market;
Amendment 499 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair, diverse and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, and the need to achieve a balanced policy approach; encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible, duly taking into account voluntary measures;
Amendment 521 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central toimportant in achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible;
Amendment 529 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Regrets, nevertheless, that the new strategy proposed by the European Commission focuses only on environmental and health aspects, without paying attention to the need to ensure economic and social sustainability throughout the food chain; believes that the socioeconomic prosperity of the various sectors concerned would guarantee the success of the strategy;
Amendment 544 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights that the new Common Agricultural Policy reform is in line with the new farm to fork strategy and stresses the efforts already made by many European farmers in order to be more sustainable and reduce their climate and environmental impact; welcomes the introduction of new enhanced environmental measures in the new reform while keeping interventions which have been contributing to improve the agriculture sustainability, including the support to areas with natural constraints;
Amendment 549 #
2020/2260(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Considers that the European Union alone cannot effectively combat climate change without the collaboration of third countries; therefore, action at international level is necessary to extend European environmental and health standards to the rest of the world; underlines the need to introduce reciprocity in terms of food safety and environment rules in all trade agreements and to put in place legal provisions at EU level to ban imports from deforested areas;
Amendment 577 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional and diverse agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long-term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; insists that framework must be sufficiently flexible to adapt goals and measures to the specific needs and conditions of Member States and regions, which will not be achieved by a one-size-fits-all approach; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail;
Amendment 611 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of policy coherence with existing EU policies and especially between the measures envisaged by the farm to fork strategy and Common Agriculture and Fisheries Policies, EU Trade policies, the EU Bio- economy Strategy and the EU Biodiversity Strategy; therefore underlines that the Commission should base legislative proposals on independent scientific impact assessments taking into account the cumulative effects, and evaluate existing legislation and the efficiency of its implementation and propose action which suits Member States' natural conditions;
Amendment 617 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Acknowledges that there is no universal definition of sustainability as this concept comprehends multiple pillars, including climate- and environmental aspects, economic viability for primary producers and other actors in the food chain, social aspects such as employment prospects in rural areas, food affordability and public health, as well as animal welfare; stresses that there are trade-offs between different pillars that must be managed based on value judgements; calls on the Commission to promote a societal dialogue on a common understanding of sustainability on the path towards its proposal for a legislative framework for a sustainable food system, which ultimately will have to be based on one coherent approach to all aspects of sustainability;
Amendment 670 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Insists that the assessment of the sustainability of products must be based on a life-cycle approach that considers pre- and down-chain aspects such as raw material sourcing, transport and storage requirement, as well as impacts on land use and possible displacement effects that could lead to imported pollution;
Amendment 677 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Underlines that no single farming model can fulfil the various requirements for sustainable production as all models have their specific strengths and weaknesses with regard to the different pillars of sustainability, particularly climate and environmental performance including land-use; calls for a multi- model approach that focuses on exploiting the strengths of different farming models and further improving their weaknesses;
Amendment 681 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls on the Commission to set up a comprehensive governance framework that invites the participation of all stakeholder groups in the further development and implementation of the Strategy and its subsequent measures;
Amendment 721 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 727 #
2020/2260(INI)
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectivesabove targets and objectives to undergo an impact analysis to measure the effects this revision would have on the sector before translating them into legislation, and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targets; takes the view that, beyond revising the Directive, the European Commission must make efforts to reduce the use of pesticides, including improvements to the border protection system to prevent the entry of new pests and invasive species;
Amendment 790 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that in order to achieve substantial reductions in pesticide use and risk, not only safer alternatives must become available to ensure the availability of a functioning plant protection toolbox and more efficient use must be facilitated by innovative tools such as digital and precision farming, but also there is a need for more resistant varieties that require less input to secure stable yields; stresses the importance of new innovative breeding techniques for making available such varieties and calls on the Commission to propose a regulatory framework in this regard;
Amendment 795 #
2020/2260(INI)
3a. Calls on the Commission, in line with the ambitious environmental standards of the farm to fork strategy and given the EU’s world leading position in agri-food exports and imports, to establish reciprocal criteria in trade policy in order to improve cooperation with third countries and thus contribute to the global fight against climate change and maintain the competitiveness of European agriculture;
Amendment 813 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that those objectives should be based on common scientific indicators and calculation methods in order to reach a European Union convergence, taking into consideration the different starting points of each Member State;
Amendment 827 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the Commission´s proposal to reduce nutrient losses; stresses that a strategy to reduce nutrient losses should focus primarily on enabling farmers to increase efficiency of nutrient management and highlights the importance of innovative technologies and solutions such as precision and smart farming and plant nutrition advisory services and management support; further calls for the strategy to consider the climate and environmental impact of different fertilisers;
Amendment 838 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that the reduction in the use of pesticides should be accompanied by the introduction of alternative solutions to control epidemics, including new science-based techniques and the development of precision agriculture and integrated pest management;
Amendment 843 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls the importance of the One Health approach and of fighting antimicrobial resistance; welcomes the Commission’s initiative to tackle the irresponsible use of antibiotics; believes that the proper implementation of the Veterinary Medicines Regulation will further reduce the use of antibiotics use efficiently; calls on the Commission and Member States to focus on further measures of enabling and incentivising innovative solutions, particularly in prevention tools and alternative therapies and vaccines; stresses that progress made must be taken into account when considering reduction targets and insists that reductions can only be considered to a level that guarantees the availability of antibiotics, if needed to ensure animal health;
Amendment 854 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses the need to modify the Regulation1107/2009 on the placing of plant protection products on the market in order to simplify the authorisation procedures following an in-depth evaluation of the zonal system, and to ensure an harmonised scientific assessment of plant protection products in the Member States;
Amendment 859 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Welcomes the Commission’s commitment to promote organic farming; stresses the environmental benefits of organic farming and acknowledges its lower yields and higher yield variability, leading to a bigger land-use footprint; highlights the need to consider trade-offs regarding different aspects of sustainability; stresses, that an area target approach threatens profitability of organic farming and hence could increase dependency on subsidies which would be in contradiction to the aim of the farm to fork strategy to make sustainable farming a profitable business model for European farmers, and calls for a market-driven uptake of organic farming instead, accompanied by research, innovation and scientific transfer as well as measures for market and supply chain development; considers it imperative that farmers receive sufficient support and educational training as part of risk management- and advisory services offered by National Authorities in the transition towards agroecological and sustainable practices;
Amendment 863 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Stresses that so-called low-risk substances are sometimes less effective than the substances they replace, which leads to an increase in the number of treatments and, consequently, to an increase in greenhouse gas emissions, and that the development of their use may, therefore, generate new environmental risks that are not assessed in current evaluations while creating economic impacts;
Amendment 875 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Considers that imports of products from third countries treated with illegal substances in the EU should be banned as well as exports of pesticides that have been prohibited in the EU;
Amendment 878 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Believes that an EU objective for organic farming should be set in such a way as to ensure a balance between supply and demand, in order to avoid loss of farmers' income and that the distribution of efforts between Member States should be calculated taking into account the progress already made at national level;
Amendment 915 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; recognises anaerobic digestion and composting as a win-win solution to recycle organic waste materials, prevent GHG emissions, produce renewable energy, enable recycle and reuse of nutrients and carbon, improve soil fertility and ensure a long- term sustainable development of rural areas; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors; encourages farming models able to be sustainable both environmentally and economically;
Amendment 927 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significantRecognises both the positive and negative impacts of different agriculture and especially animal production models on greenhouse gas (GHG) emissions and land use; stresses the needacknowledges that other than the use of fossil fuels, agricultural emissions are part of the natural carbon cycle and thus have to be balanced rather than minimised; stresses the potential of agriculture to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls forinsists that regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors must be embedded in a framework that includes remuneration for carbon sequestration;
Amendment 932 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especiallyimpact of food waste, agriculture, logistics and animal production on greenhouse gas (GHG) emissions and land use in the food system; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors and promote and share sustainable agriculture practises such as grass-based livestock farming, precision farming and carbon farming; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors; which ensure profitable, sustainable and competitive food production in all parts of Europe as guarantee of security of supply;
Amendment 960 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes note of promising developments in the area of feed additives that help to reduce the emissions of greenhouse gases and water and air pollutants from animal husbandry; welcomes the Commission’s plans to facilitate the placing on the market of sustainable and innovative feed additives in this regard and calls for relevant research programmes to support the further development;
Amendment 977 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that agricultural land is limited and hence must be used efficiently; highlights the need to include innovative farming models with low land- use footprints such as horticulture and insect farming into the Strategy;
Amendment 983 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Highlights that besides a low land- use footprint, modern horticulture contributes to different goals of the Strategy such as a low need for input, efficient use of resources and production of fruits and vegetables close to the point of consumption, thereby promoting shorter supply chains and security of supply;
Amendment 1014 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive and permanent grassland-based or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, makes productive use of land that otherwise would be abandoned and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economy; believes that livestock-farming must be seen as part of the solution in a circular food system;
Amendment 1028 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that extensive and permanent grassland-basedpermanent pastures of high environmental value or organic animal husbandry is a feature of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and against climate change, and contributes to a circular economy;
Amendment 1079 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative Highlights the enormous potential of agriculture and forestry to contribute to carbon sequestration and thus achieving climate neutrality; welcomes the notion of rewarding carbon sequestration in soils under a new carbon farming initiative; invites the Commission to present several options including carbon market approaches; stresses, that all practices that reduce the climate-impacts on biodiversity should not receive climate ff farming should be taken into account in a robust accoundting orframework and be incentivised; calls for the proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1097 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the notion of rewarding carbon sequestration in soils; stresses, however, that intensive and industrial agriculture and farming models with negative impacts on biodiversity should not receive climate funding or be incentivised; calls for thecalls for all climate funding proposals to be in line with the environmental objectives and the ‘do no harm’ principle of the Green Deal;
Amendment 1125 #
2020/2260(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission to study the introduction of a European climate label highlighting the contribution of farmers to the reduction of GHG emissions thanks to the implementation of environmental schemes supported by the Common Agricultural Policy or via the carbon market, with the aim of improving the public perception of farmers and the value added of their products.
Amendment 1174 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of ensuring stable yields and promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1181 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the enormous potential of new varieties to contribute to various targets of the strategy by improving crop resilience, thus reducing plant protection product input, by improving efficient nutrient intake, thus reducing fertiliser input and water consumption, as well as by facilitating mitigation of crop production to different pressures resulting from climate change; stresses the importance of access to new breeding techniques in order to accelerate breeding of new varieties; recalls that achieving any ambitious input reduction target requires access to effective tools beyond merely increasing efficiency of input application; urges the Commission to propose a forward-looking regulatory framework without delay;
Amendment 1183 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the need to clarify the legal situation of the new breeding techniques on the basis of sound scientific evaluations and considers that the European Union should not be left behind in the development of these innovations as long as they do not present any risk to the health and the environment; considers it necessary to promote a reasoned debate on this topic and to evaluate the contribution that those techniques can make in the fight against climate change, among other agricultural solutions;
Amendment 1215 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’sustainable business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; stresses that financial support under the CAP is crucial for farmers to be able to cope with increasing environmental standards, but will fall short of enabling farmers to meet the targets of the Strategy if not accompanied by further support measures; calls for Enhanced Eco Schemes to be implemented in National Strategic Plans;
Amendment 1224 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CallsHighlights the central role of the European farmers in realizing the transition into a sustainable food system and that attention must be paid to measures which strengthen farmers' income and the competitiveness of European food production; calls therefore for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production;
Amendment 1257 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business modelsbusiness models, such as those related to organic production, for agriculture and artisanal food production, notably through fostering short supply chains and quality food production;
Amendment 1278 #
2020/2260(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the importance of food security and a resilient food supply chain in the European Union, particularly in the light of the current COVID-19 pandemic; highlights the need for crisis- preparedness in a robust food system; welcomes a fostering CMO regulation and sectorial support programmes that can be implemented via National Strategic Plans;
Amendment 1292 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; recalls that in the EU 33 million people cannot afford a quality meal every second day; stresses that food affordability must remain on the political agenda and must be considered when assessing increases in production costs through changing farming practices and the effects on food prices; encourages the Commission to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans;
Amendment 1322 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the intention of the European Commission to propose an emergency plan to deal with food crises by taking stock of the experience acquired during the Covid-19 pandemic and by including harmonised measures to guarantee a proper functioning of the internal market; considers that the promotion of territorial food projects which stimulate the development of short food circuits in the Member States can help to face those crisis;
Amendment 1337 #
2020/2260(INI)
10. Underlines that robust and reliable legal frameworks for the fisheries and aquaculture sector should provide the basis for better protection measures with subsequent increases in fish populations and more clarity regarding the use of space and licenses in aquaculture, allowing for greater predictability for investments; stresses that good traceability mechanisms and high sustainability standards for all products sold on EU markets are essential to ensure transparency for consumers, the sector and the different administrations, and to achieve the targets of the Green Deal and the SDGs; stresses, to this end, the importance of new technologies in developing accurate traceability systems such as the decentralised blockchain systems;
Amendment 1348 #
2020/2260(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the contribution of pond fishing with its traditional management practices to the achievement of the targets of the farm to fork strategy and the interlinked biodiversity strategy; underlines that cultivated pond areas provide habitats for rare species, make positive contributions to climate and to water reserves, serve as nutrient sinks and sediment retention and contribute to a sustainable production of regional food; calls on Commission and Member States to consider pond fishing in relevant measures and programmes;
Amendment 1377 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destructionpressure ofn biodiversity, and environmental degradation; and our current food production systemscknowledges that disease preparedness, i.e. availability of diagnosis-, prevention- and treatment methods, is key to contain emerging threats to human and animal health;
Amendment 1435 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’ position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production; calls for incentives, notably to digital tools, to encourage short food supply chain and farmer markets;
Amendment 1447 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the Commission’s commitment to make a sustainable European food system an economic opportunity for farmers; agrees that it must become an economic opportunity for farmers in order to achieve a broad implementation of sustainable practices; recognises that sustainable production so far is a niche business model, as sustainable practices generally lead to higher production costs while options to commercialise added value are limited; insists that more needs to be done under the framework of the Strategy to map options for farmers and food businesses to turn sustainable practices and products into profit; considers that labelling is necessary tool but will not be sufficient on its own;
Amendment 1448 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that Geographical Indications already play a significant role in terms of environmental, economic and social sustainability but they should be supported to boost their contribution to the Green Deal objectives; stresses the need to improve the recognition of their authenticity in order to ameliorate their positioning in the market, as consumers do not always distinguish GI from other non-quality products; considers it also necessary to reduce the administrative burden for small producers who wish to join those quality schemes and to strengthen the protection of GI against misuse or imitation at international level;
Amendment 1460 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
Amendment 1463 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Believes that the European promotion campaigns play an essential role for the prosperity of geographical indications and the European Union should further improve this important tool in order to help operators conquer and consolidate new markets;
Amendment 1465 #
2020/2260(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Underlines the need to boost European information campaigns on moderate consumption of wines while maintaining the promotion of quality products; considers that only broad information and education campaigns would be effective in combating the abuse of consumption and recalls that moderate wine consumption is part of the Mediterranean diet;
Amendment 1477 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to closely follow up onthe effectiveness of Directive (EU) 2019/633 on unfair trading practices22 and to enforce the work with a view to strengthen the position of farmers in the food supply chain with concrete proposals and in line with the farm to fork strategy; therefore reminds the Commission to follow up on the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices and stronger role in the food chain for farmers; _________________ 22 OJ L 111, 25.4.2019, p. 59.
Amendment 1483 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; notes that an essential element in improving the position of farmers in the chain is their participation in producer organisations or cooperatives; _________________ 22 OJ L 111, 25.4.2019, p. 59.
Amendment 1500 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to take more action to enhance transparency and consumer information in food markets as the pricing of the food chain should be more transparent and origin labelling requirements should in principle cover all food products;
Amendment 1515 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Strongly supports the introduction of a code of conduct on responsible business and marketing practices and stresses the need for this code to lead to a better distribution of the value added in the food chain by paying a special attention to the remuneration of primary producers.
Amendment 1560 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, with a view to enhancing its contribution to sustainable production and consumption, notably by focusing on science-based educational messages about the importance of a balanced and healthy nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates;
Amendment 1574 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the important role of consumer choice in reaching the Strategy’s targets and highlights the indispensability of well-educated consumers in this regard; calls on Member States and regions to put more emphasis on nutritional and environmental education in their curricula and invites the Commission to develop relevant guidance;
Amendment 1585 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Supports the introduction of class hours on health and nutrition and extending balanced menu offer in school canteens in the framework of the EU school schemes;
Amendment 1599 #
2020/2260(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable by speeding up innovation and accelerating knowledge transfer; calls on Member States to consider AKIS in the design and implementation of their National Strategic Plans; recalls, in addition, the need for a farm sustainability data network to setfor the dual purpose of setting benchmarks for farm performance and documenting the uptake of sustainable farming practices, while allowing foras well as enabling the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections; cessing collected data and providing farmers easy access to locally relevant information; highlights the importance of comprehensive access to fast broadband connections to facilitate the uptake of digital farming technologies on farm level; stresses the importance of supporting farmers in acquiring know- how to make efficient use of such innovative solutions;
Amendment 1644 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processedconsumption of foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science; emphasises that it is crucial to ensure that the mandatory nutrition labelling system does not apply to products benefiting from any of the three existing quality labels under EU legislation (Protected Designation of Origin, Protected Geographical Indication and Geographical Indication) so as not to penalise products already subject to high nutritional quality standards;
Amendment 1665 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processedover-consumption of foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or saltwould help consumers to better understand nutritional claims on foods and particularly to set into perspective claims on foods high in fats, sugars and/or salt; calls for particular attention to be given to food for children and other special purpose foods; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science;
Amendment 1686 #
2020/2260(INI)
16a. Stresses that the EU should establish more precise rules on the labelling of origin of food both in restaurants and in the retail in order to enable more transparent and sustainable choices for consumers;
Amendment 1731 #
2020/2260(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s commitment to revise the EU legislation on food contact materials (FCM); calls on the Commission to adopt without further delay measures for harmonising regulation of those materials not yet addressed at EU level; reiterates its call to revise the legislation on FCM in line with the regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH), as well as classification, labelling and packaging regulations, and to insert, without further delay, specific provisions to substitute endocrine disrupting chemicals;
Amendment 1740 #
2020/2260(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to take measures to promote a decentralised energy system and biogas production on farms, noting that in this context state aid rules must be made more flexible by facilitating the off-farm sale of energy and fuel produced on farms;
Amendment 1774 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustare linked to production costs and that price-sensitivity of many consumers is a barrier to the uptake of more sustainably produced foods; reiterates the importance of easily avainlable choice should become the most affordable oneand comprehensible consumer information and market development measures in this regard;
Amendment 1827 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its belief that policy measures that are dependent solely on consumer choice unduly shift the responsibility to purchase sustainable products to consumerscalls that consumer choice is a crucial factor for the economically sustainable uptake of sustainably produced products and healthier diets; underlines the importance of good nutritional and environmental education as well as the availability of easily comprehensible relevant information in this regard; notes that third- party certification and labelling alone are not effective re an important pillar of consumer information and of creating ensuringconomic outlets for sustainabley productioned and consumptionhealthy products;
Amendment 1892 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and pbalant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environmentced diets with a lower share of sugars, salt, and fats, based on sustainably produced foods; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity totaking into account regional conditions and traditions would help consumers onunderstand what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to assist Member States and regions in developing such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 1908 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat,, in addition to measures to promote the reasonable consumption of sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 1927 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU; calls on the European Commission and the Member States to work on a solid strategy to boost the production of protein crops, with particular emphasis on leguminous crops, taking into account the benefits they bring to the environment;
Amendment 1937 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU; reminds the importance of sustainable livestock production for European protein self-sufficiency;
Amendment 1998 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organicsustainable and local food production and to promote more healthy diets by creating a food environment that enables consumers to make the healthy choice;
Amendment 2036 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its callWelcomes the Commission’s desire to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; underlines that binding targets are needed to achieve thireduce food waste; calls on the Commission to present an impact assessment of food waste before setting targets; underlines the importance of quantifying targets on a sound scientific basis, particularly with regard to such important issues;
Amendment 2044 #
2020/2260(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Underlines the need to reduce food waste along the entire food chain, from primary production, processing, retail, catering to consumers; takes note of the fact that more than 50% of food waste happens on consumer level and highlights the difficulty of enforcing binding targets under given circumstances; stresses the importance of promoting nutritional education in this regard;
Amendment 2122 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecologicalsustainable practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; encourages the agri-food sector to actively use the funding earmarked for the sector in Horizon Europe in this regard;
Amendment 2141 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that innovation is the main driver of resilient growth, of efficient and resource-friendly sustainable farming and of increasing its productivity and profitability; insists that the Strategy should be built on a strong European commitment to the promotion of research and development of innovative solutions and technologies in key areas such as digitalisation, precision farming, new breeding techniques, feed additives, as well as safer effective and efficient means of plant protection, fertilisation and veterinary medicines;
Amendment 2161 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reiterates the importance of making adequate funding available to stakeholders through the CAP National Strategic Plans in order to develop digital innovation projects, a factor that helps to reduce emissions;
Amendment 2171 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls for the establishment and the promotion of multi-stakeholder platforms that increase collaboration and mobilise the sharing of knowledge and technology, across the entire agriculture and food chain, to help scale-up innovation, advance agricultural production systems and overcome the challenges it faces;
Amendment 2178 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25c. Stresses that meeting the targets of the Strategy will require substantial investments on farm level, particularly burdening small farmers and SMEs; highlights that while the CAP will play an important role in enabling the transition it is designed to stabilise income rather than to finance large investments and stresses the importance of ensuring adequate access to finance in this regard; calls on the Commission to assess the financial impacts of the Strategy on farmers, the availability and conditions of financing for farmers and SMEs in the food chain and if required to assess options such as the InvestEU Fund or setting up an EIB guarantee scheme to improve these;
Amendment 2184 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25d. Highlights that while new sustainable business models are enormous opportunities for SMEs, several initiatives envisaged under the Strategy could lead to the creation of substantial red tape; welcomes the Commission’s commitment to adhere to the better regulation tools, to assess the impacts on SMEs as well as to take action to promote sustainable and circular business models specifically for SMEs, to utilise the InvestEU Fund to facilitate access to finance for SMEs as well as to offer tailored solutions to help SME to develop new skills and business models;
Amendment 2237 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistancecreate partnerships to support primary producers from developingglobal partner countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account;
Amendment 9 #
2020/2221(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at Member State level; Recalls that over the last years the number of frauds has been reduced considerably;
Amendment 37 #
2020/2221(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that land grabbing and land concentration are practices that negatively affect biodiversity, economic and social welfare of local communities and generational renewal, and calls on the Commission to address these issues at EU level;
Amendment 49 #
2020/2221(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that under the Recovery and Resilience Facility (RRF), the EU is strengthening its support to managing authorities in their administrative controls and management checks of the European funds notably through the use of the Arachne platform. Underlines the importance of the Arachne platform becoming mandatory for Member States in particular in the context of managing agricultural funds;
Amendment 54 #
2020/2221(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists on greater resources for investigation, as well as on stronger coordination between the Member States and EU bodies (OLAF, ECA and EPPO), to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis. Stresses the need to create a continuous EU training programme for employees of paying agencies to improve fraud detection and exchange best practices.
Amendment 59 #
2020/2221(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the need to better tackle environmental crimes of cross-border dimension which affect biodiversity and natural resources, such as illegal trade in plants and animals, illegal logging and timber trafficking, illegal waste trafficking; calls on the Commission to initiate the extension of the EPPO’s mandate in order to cover cross-border environmental crimes;
Amendment 13 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU approach to digitisation should be human-centred, value-oriented and based on the concept of the social market economy; underlines that choosing a third path to digitisation should not mean that the EU becomes without supporting national protectionistm; stresses, therefore, that every non-EU player should still be welcomthird-country market participants should be able to operate in the single European data space as long as they meet the EU’s ethical, technological, privacy and security standards; stresses in this respect the necessity to create a level-playing field between EU and third-country market players;
Amendment 13 #
2020/2217(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU approach to digitisation should be human-centred, value-oriented and based on the concept of the social market economy; underlines that choosing a third path to digitisation should not mean that the EU becomes without supporting national protectionistm; stresses, therefore, that every non-EU player should still be welcomthird-country market participants should be able to operate in the single European data space as long as they meet the EU’s ethical, technological, privacy and security standards; stresses in this respect the necessity to create a level-playing field between EU and third-country market players;
Amendment 36 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission, prior to any legislative initiatives, to perform an in- depth evaluation and mapping of the existing legislation to assess whether adjustments or additional requirements are needed to support the EU data industry and safeguard fair competition for all affected actors and to avoid legal overlaps with potential upcoming legislation to implementing the Data Strategy;
Amendment 36 #
2020/2217(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission, prior to any legislative initiatives, to perform an in- depth evaluation and mapping of the existing legislation to assess whether adjustments or additional requirements are needed to support the EU data industry and safeguard fair competition for all affected actors and to avoid legal overlaps with potential upcoming legislation to implementing the Data Strategy;
Amendment 38 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for consultations and impact assessments prior to legislative proposals, in order to identify possible negative consequences for market participants, notably SMEs and start-ups;
Amendment 38 #
2020/2217(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need for consultations and impact assessments prior to legislative proposals, in order to identify possible negative consequences for market participants, notably SMEs and start-ups;
Amendment 43 #
2020/2217(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key importance of fostering access to data for EU businesses, especially for SMEs and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements, triggered by incentives in the form of subsidies and tax breaks, would help to achieve this goal would help to achieve this goal; believes that the new data strategy must aim at increased data sharing in the EU and at encouraging investment in data sharing projects, including through balanced public-private partnerships;
Amendment 43 #
2020/2217(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the key importance of fostering access to data for EU businesses, especially for SMEs and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements, triggered by incentives in the form of subsidies and tax breaks, would help to achieve this goal would help to achieve this goal; believes that the new data strategy must aim at increased data sharing in the EU and at encouraging investment in data sharing projects, including through balanced public-private partnerships;
Amendment 46 #
2020/2217(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission and Member States to ensure that the new data strategy will contribute to a speedy implementation of the Directive on Open Data making public sector and publicly funded data re- usable; considers that, to facilitate that, Member States should be encouraged to communicate best practices among each other;
Amendment 46 #
2020/2217(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission and Member States to ensure that the new data strategy will contribute to a speedy implementation of the Directive on Open Data making public sector and publicly funded data re- usable; considers that, to facilitate that, Member States should be encouraged to communicate best practices among each other;
Amendment 51 #
2020/2217(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. States that fair, simple, intelligible, secure, interoperable and affordable voluntary data sharing agreements between companies from the same supply chain and different sectors, that either monetise the participation of data providers or enable ‘give and take’ schemes, will further accelerate the development of the EU data economy; calls on the Commission to further reflect on the concept of data value, as well as to better define and lay down the scope of "data altruism";
Amendment 51 #
2020/2217(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. States that fair, simple, intelligible, secure, interoperable and affordable voluntary data sharing agreements between companies from the same supply chain and different sectors, that either monetise the participation of data providers or enable ‘give and take’ schemes, will further accelerate the development of the EU data economy; calls on the Commission to further reflect on the concept of data value, as well as to better define and lay down the scope of "data altruism";
Amendment 53 #
2020/2217(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a single European data space will require companies to be allowed to closely cooperate with each other, and therefore considers that safe harbours and block exemptions on cooperation for data sharing and pooling, as well as more guidance for businesses on competition law matters from the Commission, are needed; expects the upcoming Digital Markets Act proposal of the Commission to address those issues; furthermore, stresses the need for the Commission to monitor any market failures and to take adequate action, if and where necessary, including to consider using mandatory access to data as a remedy;
Amendment 53 #
2020/2217(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a single European data space will require companies to be allowed to closely cooperate with each other, and therefore considers that safe harbours and block exemptions on cooperation for data sharing and pooling, as well as more guidance for businesses on competition law matters from the Commission, are needed; expects the upcoming Digital Markets Act proposal of the Commission to address those issues; furthermore, stresses the need for the Commission to monitor any market failures and to take adequate action, if and where necessary, including to consider using mandatory access to data as a remedy;
Amendment 62 #
2020/2217(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; calls on the Member States to ensure access to public information and high-quality data held by public authorities, notably in the area of justice, without prejudice to the Regulation on general data protection and the ePrivacy Directive;
Amendment 62 #
2020/2217(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recommends further strengthening interoperability and establishing consensus-based, industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; calls on the Member States to ensure access to public information and high-quality data held by public authorities, notably in the area of justice, without prejudice to the Regulation on general data protection and the ePrivacy Directive;
Amendment 78 #
2020/2217(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the existing general data protection regime as stipulated in Regulation 2016/679/EU on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; highlights the need to finalise the revision of the ePrivacy regulation with the aim of creating a level-playing field for EU companies with regards to the acquisition, use, and notably transfer of data;
Amendment 78 #
2020/2217(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the existing general data protection regime as stipulated in Regulation 2016/679/EU on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; highlights the need to finalise the revision of the ePrivacy regulation with the aim of creating a level-playing field for EU companies with regards to the acquisition, use, and notably transfer of data;
Amendment 83 #
2020/2217(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Believes that thealthough existing liability principles and technology-neutral liability rules are already fit for the digital economy and most emerging technologies; states that there are nevertheless some cases, such as those concerning operators of AI systems, where newregimes might, in general, be fit for the digital age, there are certain areas, such as the area of Artificial Intelligence and similar technologies, where new or additional liability rules armight be necessary to provi, in order the affected persons with adequate compensation; o enhance legal certainty and to provide for an adequate compensation scheme for the legitimate use of data;
Amendment 83 #
2020/2217(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Believes that thealthough existing liability principles and technology-neutral liability rules are already fit for the digital economy and most emerging technologies; states that there are nevertheless some cases, such as those concerning operators of AI systems, where newregimes might, in general, be fit for the digital age, there are certain areas, such as the area of Artificial Intelligence and similar technologies, where new or additional liability rules armight be necessary to provi, in order the affected persons with adequate compensation; o enhance legal certainty and to provide for an adequate compensation scheme for the legitimate use of data;
Amendment 84 #
2020/2217(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that data is the central element for AI development and that AI systems rely on and process large volumes of data and that these systems often utilise structured data; the data strategy should aim at increased data accessibility through tackling existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
Amendment 84 #
2020/2217(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that data is the central element for AI development and that AI systems rely on and process large volumes of data and that these systems often utilise structured data; the data strategy should aim at increased data accessibility through tackling existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
Amendment 88 #
2020/2217(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that the implementation of the European Data Strategy must strike a balance between promoting the wider use and sharing of data and protecting intellectual property rights (IPR), privacy and trade secrets; underlines that data used for the training of AI algorithms sometimes relies on structured data such as databases, copyright-protected works and other creations enjoying IP protection which may not usually be considered as data;
Amendment 88 #
2020/2217(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Stresses that the implementation of the European Data Strategy must strike a balance between promoting the wider use and sharing of data and protecting intellectual property rights (IPR), privacy and trade secrets; underlines that data used for the training of AI algorithms sometimes relies on structured data such as databases, copyright-protected works and other creations enjoying IP protection which may not usually be considered as data;
Amendment 92 #
2020/2217(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Highlights that in order to unlock the potential of digital technologies, it is necessary to remove unnecessary legal barriers, so as not to hamper the growth of or innovation in the Union’s developing data economy;
Amendment 92 #
2020/2217(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Highlights that in order to unlock the potential of digital technologies, it is necessary to remove unnecessary legal barriers, so as not to hamper the growth of or innovation in the Union’s developing data economy;
Amendment 102 #
2020/2217(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission to assess to what extent the application of foreign jurisdictions’ legislation, such as the US CLOUD Act or 2017 China’s National Intelligence Law, might lead to legal uncertainty and disadvantages for Union residents and businesses and whether any action is needed in this regard.
Amendment 102 #
2020/2217(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on the Commission to assess to what extent the application of foreign jurisdictions’ legislation, such as the US CLOUD Act or 2017 China’s National Intelligence Law, might lead to legal uncertainty and disadvantages for Union residents and businesses and whether any action is needed in this regard.
Amendment 18 #
2020/2216(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas technological sectors have grown exponentially in recent years, especially platforms specialising in data use and storage;
Amendment 20 #
2020/2216(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas one of the general objectives of the future CAP (Common Agricultural Policy) is to promote smart farming;
Amendment 89 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of bridging the digital and generational divide that exists in many agricultural regions in the EU. The European Commission and the Member States should present a training plan to strengthen digital competences in the primary sector;
Amendment 95 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that AI technologies can and should be used to improve the traceability of products including issues such as origin or production methods; in this regard, the solutions offered by blockchain systems should be explored at every stage of the food production process: production, processing and distribution;
Amendment 107 #
2020/2216(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that digital innovation in agriculture can be a factor that contributes to generational renewal in the primary sector, attracting young people to the industry. In turn, it could help address rural depopulation;
Amendment 111 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on all Member States to include in their common agricultural policy strategic plans and rural development plans measures to support the introduction and wider use of safe and reliable AI and innovative tools at affordable rates for beneficiarie, providing interested parties with all the information on the aid available (at European, national and regional levels) to develop digitisation projects;
Amendment 1 #
2020/2132(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
A. whereas the Commission shall promote the general interest of the Union and take appropriate initiatives to that end; whereas Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise, as laid down in Article 17 of the Treaty of European Union (TEU);
Amendment 2 #
2020/2132(INI)
Draft opinion
Recital 1 b (new)
Recital 1 b (new)
B. whereas the Treaties grant Parliament the direct right of initiative only in very limited cases, namely its own composition, the election of its members and their Statute, the Statute of the European Ombudsman, to initiate a rule of law procedure, to set up temporary inquiry committees and to initiate Treaty revisions; whereas Parliament has the right to request from the Commission to submit any appropriate proposal on matters it considers relevant for a Union act for the purpose of implementing the Treaties, according to Article 225 of the Treaty on the Functioning of the European Union (TFEU); whereas Rule 47 of the Rules of Procedure of the European Parliament (RoP) further details this indirect right of initiative;
Amendment 3 #
2020/2132(INI)
Draft opinion
Recital 1 c (new)
Recital 1 c (new)
C. whereas Article 225 TFEU obliges the Commission to give reasons, in case it would not submit a legislative proposal as requested by Parliament; recalls thereby the compulsory character of this Treaty provision;
Amendment 4 #
2020/2132(INI)
Draft opinion
Recital 1 d (new)
Recital 1 d (new)
D. whereas the European Parliament is the only directly elected EU institution, which at the same time has less legislative initiative powers than most national parliaments;
Amendment 5 #
2020/2132(INI)
Draft opinion
Recital 1 e (new)
Recital 1 e (new)
E. whereas Ms Ursula von der Leyen, before she was elected President of the Commission, committed to respond to legislative initiatives, when adopted by a majority of Parliament’s members and in full respect of the proportionality, subsidiarity, and better law-making principles;
Amendment 6 #
2020/2132(INI)
Draft opinion
Recital 1 f (new)
Recital 1 f (new)
F. whereas the Conference on the Future of Europe will be an avenue for further reflection with civil society on how to best strengthen the Parliament’s right of initiative with regards to better law- making;
Amendment 26 #
2020/2132(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that Parliament fully adheres to the interinstitutional agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making, which stresses the necessity of a prior "European added value" analysis as well as a "cost of non- Europe" assessment;
Amendment 30 #
2020/2129(INL)
Motion for a resolution
Recital A
Recital A
A. Whereas the globalisation of economic activity has in many instances given rise to and aggravated adverse impacts on human rights, including social and labour rights, the environment and the good governance of states;
Amendment 33 #
2020/2129(INL)
Motion for a resolution
Recital B
Recital B
B. Whereas companies should respect human rights, the environment and good governance and should not cause or contribute to causing any adverse impacts in this regard;
Amendment 53 #
2020/2129(INL)
Motion for a resolution
Recital G
Recital G
G. Whereas, according to a Commission study, only 37% of business respondents currently conduct environmental and human rights due diligence, and only 16% cover the entire supply chain;.
Amendment 69 #
2020/2129(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that voluntary due diligence standards have severe limitations and that the Union should urgently adoptadopt clear minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediatedress the risks of violations of human rights, environmental and governance risks in their entire value chain; believes that this would be beneficial for stakeholders, as well as for businesses in terms of harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter;
Amendment 75 #
2020/2129(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that due diligence is primarily a preventative mechanism and that companies should be first and foremost required to make best efforts to identify risks or adverse impacts and adopt policies and measures to address them; highlights that if an undertaking causes or contributes to an adverse impact it should provide for a remedyredress that situation;
Amendment 84 #
2020/2129(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that human rights abuses and breaches of social and environmental standards can be the result of a company’s own activities or of those of its business relationships; underlines therefore that due diligence should encompass the entdirect suppliers in theire value chain;
Amendment 85 #
2020/2129(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that undertakings exercise control over the activities of suppliers with whom they have a direct, contractual relationship; considers that in specific sectors or circumstances, undertakings may even have a degree of control over suppliers with who they have an indirect relationship; urges the Commission to conduct an assessment whether in particular sectors or circumstances undertakings indeed are able to exercise control over the activities of these indirect suppliers in their supply chain, which could justify an increased responsibility for tier-2 or tier-3 suppliers;
Amendment 89 #
2020/2129(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the scope of anyA future mandatory EU due diligence framework should be broad and cover all large undertakings governed by the law of a Member State or established in the territory of the Union, including those providing financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings;.
Amendment 100 #
2020/2129(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that small, medium- sized and micro-enterprises may need less extensive and formalised due diligence processes, and that a proportional approach could take into account, amongst other elements, the sector of activity, the size of the undertaking, the context of its operations, its business model, its position in value chains and the nature of its products and services;
Amendment 104 #
2020/2129(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that due diligence strategies should be aligned with the Sustainable Development Goals and EU policy objectives in the field of human rights and the environment, including the European Green Deal, and EU international policy; asks the Commission to consolidate existing EU and international mandatory legal instruments and voluntary due diligence frameworks to develop a single set of due diligence guidelines, including clear metrics to measure progress, in the areas of human rights, the environment and good governance;
Amendment 123 #
2020/2129(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that sound due diligence requires that all stakeholders bare involved and consulted effectively and meaningfully;
Amendment 132 #
2020/2129(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, to enforce due diligence, Member States should designate national authorities to share best practices as well as to supervise and impose sanctions, including criminal sanctions in severe casesensure compliance with this Directive;
Amendment 143 #
2020/2129(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 161 #
2020/2129(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 169 #
2020/2129(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that victims of business- related adverse impacts are often notmay not be sufficiently protected by the law of the country where the harm has been caused; considers, in this regard, that victims of human rights abuses committed by EU undertakings should be allowed to choose the law of a legal system with high human rights standards, which could be that of the placthe adjustment of international private law might provide relief, but that this must always forego a thorough legal analysis and impact assessment; considers that such adjustment could allow the competent forum to apply the law of the Member State where the defendant undertaking has its domiciledregistered seat;
Amendment 196 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 4
Annex I – part 1 – paragraph 9 – point 4
4. Businesses thus currently have at their disposal an important number of international due diligence instruments that can help them fulfil their responsibility to respect human rights. While it is difficult to overstate the importance of these instruments for businesses that take their duty to respect human rights seriously, their voluntary nature can hampers their effectiveness and their effect has indeed proved limitedbeen varying, with a restricted number of businesses voluntarily implementing human rights due diligence in relation to their activities and those of their business relationships. Respect for human rights continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.
Amendment 203 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 6
Annex I – part 1 – paragraph 9 – point 6
6. A more general approach was taken by the Non-Financial Reporting Directive5 , which imposes on some large undertakings the obligation to report on the policies they pursue in relation to environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including due diligence. However, the scope of that directive is limited and theThat obligation is based on a comply-or-explain principle. _________________ 5 Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non- financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1).
Amendment 220 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 8
Annex I – part 1 – paragraph 9 – point 8
8. In order to ensure a level playing field the responsibility for companies to respect human rights under international standards should be transformed into a legal duty at Union level. By coordinating safeguards for the protection of human rights, the environment and good governance, this Directive will ensure that all large undertakings operating in the internal market are subject to harmonised minimum due diligence obligations, which will improve the functioning of that market.
Amendment 221 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 8
Annex I – part 1 – paragraph 9 – point 8
8. In order to ensure a level playing field the responsibility for companies to respect human rights under international standards should be transformed into a legal duty at Union level. By coordinating safeguards for the protection of human rights, the environment and good governance, this Directive will ensure that alllarge undertakings operating in the internal market are subject to harmonised minimum due diligence obligations, which will improve the functioning of that market.
Amendment 232 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 10
Annex I – part 1 – paragraph 9 – point 10
10. This Directive is aimed at preventing and mitigating adverse human rights, governance and environmental impacts throughoutin the first tier of the value chain, as well as ensuring that undertakings can be held accountable for these risks and to facilitate that anyone who has suffered harm in this regard can effectively exercise the right to obtain remedyredress.
Amendment 244 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 13
Annex I – part 1 – paragraph 9 – point 13
13. The Directive applies to all large undertakings, as defined in Article 3(4) of the Accounting Directive, governed by the law of a Member State or established in the territory of the Union regardless of their size, sector, and whether they are private or state- owned. All economic sectors, including the financial sector, are covered by this Directive. The Commission shall identify high-risk sectors of economic activity with a significant impact on human rights, environmental and good governance matters in order to include the small and medium-sized enterprises in those sectors within the scope of this Directive.
Amendment 251 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 14
Annex I – part 1 – paragraph 9 – point 14
Amendment 269 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 16
Annex I – part 1 – paragraph 9 – point 16
16. Due diligence is defined in this Directive as the process put in place by an undertaking in order to identify, cease, prevent, mitigate, monitor, disclose, account for, address and remedydress the risks posed to human rights, including social and labour rights, the environment, including climate change,the environment and to governance, both by its own operations and its business relationshipdirect, contractual relationships with suppliers.
Amendment 300 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 22
Annex I – part 1 – paragraph 9 – point 22
22. Adverse impacts or violations of human rights and social and environmental standards by undertakings can be the result of their own activities or of those of their business relationships, in particular suppliers, sub-contractors and investee undertakings. In order to be effective, undertakings’ due diligence should encompass the entire value chain.direct suppliers;
Amendment 309 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 23
Annex I – part 1 – paragraph 9 – point 23
23. Due diligence is primarily a preventative mechanism that requires companies to do their best effort to identify potential or actual adverse impacts and to adopt policies and measures to cease, prevent, mitigate, monitor, disclose, address, remediateand redress them, and account for how they address those impacts. Undertakings should be required to produce a document in which they make explicit their due diligence strategy with reference to each of those stages. This due diligence strategy should be duly integrated into the company’s overall business strategy.
Amendment 318 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 25
Annex I – part 1 – paragraph 9 – point 25
25. Undertakings should first try to address and solve a potential or actual risk in consultation with stakeholders. Should this attempt be unsuccessful, and the company’s responsible disengagement becomes an option, the company should also consider the potential adverse impacts of that decision and take appropriate measures to address them.
Amendment 337 #
2020/2129(INL)
28. To avoid the risk of critical stakeholder voices remaining unheard or marginalised in the due diligence process, the Directive grants stakeholders the right to safe and meaningful consultation as regards the company’s due diligence strategy, and ensure the appropriate involvement of trade unions or workers’ representatives or workers themselves.
Amendment 344 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 30
Annex I – part 1 – paragraph 9 – point 30
30. This Directive requires undertakings to make all necessary efforts to identify all their direct suppliers. In order to be fully effective, due diligence should not be limited to the first tier downstream and upstream in the supply chain but should encompass all suppliers and sub- contractors, particularly those that, during the due diligence process, might have been identified by the undertaking as posing major risks. This Directive, however, recognises that not all undertakings have the same resources or capabilities to identify all their suppliers and therefore makes that obligation subject to the principles of reasonableness and proportionality, which in no case should be interpreted by undertakings as a pretext not to comply with their obligation to make all necessary efforts in that regard.
Amendment 376 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 35
Annex I – part 1 – paragraph 9 – point 35
Amendment 391 #
2020/2129(INL)
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 40
Annex I – part 1 – paragraph 9 – point 40
40. In order to create clarity and certainty and consistency among the practices of undertakings, in particular small, medium-sized and micro- enterprises, this Directive requires the Commission to prepare guidelines in consultation with Member States and the OECD and with the assistance of a number of specialised agencies. A number of guidelines on due diligence produced by international organisations already exist which could be used as a reference for the Commission when developing guidelines under this Directive specifically for EU companies. In addition to general guidelines which could guide SMEs in the application of due diligence in their operations, tThe Commission should envisage producing sector-specific guidelines and provide a regularly updated list of country fact-sheets in order to help companies assess the risks of their business operations in a given area. Those fact- sheets should indicate in particular which list of Conventions and Treaties among those listed in Article 3 of the Directive have been ratified by a given country.
Amendment 403 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – introductory part
Article 1 – point 1 – introductory part
1. This Directive is aimed at ensuring that undertakings operating in the internal market fulfil their duty to respect human rights, the environment and good governance and do not cause or contribute to risks to human rights, the environment and good governance in their activities and those of their business relationshipdirect suppliers.
Amendment 411 #
2020/2129(INL)
Motion for a resolution
Article 1 – point 1 – paragraph 1
Article 1 – point 1 – paragraph 1
To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediate thedress the risks for violations of human rights, environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.
Amendment 433 #
2020/2129(INL)
Motion for a resolution
Article 2 – point 1
Article 2 – point 1
1. This Directive shall apply to all undertakings governed by the law of a Member State or established in the territory of the Union, as defined in Article 3(4) of the Accounting Directive.
Amendment 441 #
2020/2129(INL)
Motion for a resolution
Article 2 – point 2
Article 2 – point 2
2. It shall also apply to large limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An large undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.
Amendment 447 #
2020/2129(INL)
Motion for a resolution
Article 2 – point 3
Article 2 – point 3
Amendment 455 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
- 'due diligence' means the process put in place by an undertaking aimed at identifying, ceasing, preventing, mitigating, monitoring, disclosing, accounting for, addressing, and remediatdressing the risks posed to human rights, including social and labour rights, the environment, including through climate changethe environment, and to governance, both by its own operations and by those of its business relationshipdirect suppliers.
Amendment 489 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
- ‘human rights risk’ means any potential or actual adverse impact that may impair the full enjoyment of human rights by individuals or groups of individuals in relation to internationally recognized human rights, understood, at a minimum, as those expressed in the International Bill of Human Rights, the United Nations human rights instruments on the rights of persons belonging to particularly vulnerable groups or communities, and the principles concerning fundamental rights set out in the ILO Declaration on Fundamental Principles and Rights at Work, as well as those recognised in the ILO Convention on freedom of association and the effective recognition of the right to collective bargaining, the ILO Convention on the elimination of all forms of forced or compulsory labour, the ILO Convention on the effective abolition of child labour, and the ILO Convention on the elimination of discrimination in respect of employment and occupation. They further include, but are not restricted to, adverse impacts in relation to other rights recognised in a number of ILO Conventions, such as freedom of association, minimum age, occupational safety and health, and equal remuneration, and the rights recognised in the Convention on the Rights of the Child, the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union, and national constitutions and laws recognising or implementing human rights.
Amendment 503 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 9
Article 3 – paragraph 1 – indent 9
- ‘environmental risk’ means any potential or actual adverse impact that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions.
Amendment 507 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 10
Article 3 – paragraph 1 – indent 10
- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.
Amendment 510 #
2020/2129(INL)
Motion for a resolution
Article 3 – paragraph 1 – indent 10 a (new)
Article 3 – paragraph 1 – indent 10 a (new)
- The Commission shall further define all the risk types by means of guidelines that shall be based on existing legislative frameworks and standards. These guidelines shall be reviewed on a regular basis consistently with EU's objectives on human rights, good governance, environmental protection and climate change mitigation. The European Parliament shall be associated to the adoption of those guidelines through delegated acts.
Amendment 553 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 5
Article 4 – point 5
5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in their ent first tier of theire value chain.
Amendment 566 #
2020/2129(INL)
Motion for a resolution
Article 4 – point 9
Article 4 – point 9
9. Undertakings shall ensure by means of contractual clauses and, by means of the adoption of codes of conduct and, where relevant, by means of certified and independent audits, that their business relationships put in place and carry out human rights, environmental and governance policies that are in line with their due diligence strategy.
Amendment 571 #
2020/2129(INL)
Motion for a resolution
Article 5 – title
Article 5 – title
Involvement of trade unions and consultation of stakeholders
Amendment 576 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 1
Article 5 – point 1
1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions or workers' representatives or workers themselves at the relevant level to be involved in the establishment and implementation of the due diligence strategy in good faith with their undertaking.
Amendment 589 #
2020/2129(INL)
Motion for a resolution
Article 5 – point 6
Article 5 – point 6
6. Member States shall ensure that where an undertaking refuses to carry out consultations with stakeholders, fails to involve trade unions in good faith, or does not adequately inform and consult workers or their representatives, stakeholders and trade unions may refer the matter to the competent national authority
Amendment 595 #
2020/2129(INL)
Motion for a resolution
Article 6 – point 1
Article 6 – point 1
1. Member States shall ensure that undertakings make their due diligence strategy publicly available, accessible and free of charge, especially on the undertakings’ websites, whilst respecting trade secrets.
Amendment 606 #
2020/2129(INL)
Motion for a resolution
Article 6 – point 2
Article 6 – point 2
2. Undertakings shall communicate their due diligence strategy to their workers and business relationships and, on request, to one of the national competent authorities designated pursuant to Article 14.
Amendment 607 #
2020/2129(INL)
Motion for a resolution
Article 6 – point 3
Article 6 – point 3
3. Member States shall establish a centralised platform and ensure that undertakings upload on thatnsure that undertakings upload on a national or European centralised platform their due diligence strategies or the statement referred to in Article 4. Such platform could be the Single European Access Point mentioned by the Commission in its recent Capital Markets Union Action Plan (COM/2020/590).
Amendment 619 #
2020/2129(INL)
Motion for a resolution
Article 8 – point 1
Article 8 – point 1
1. Undertakings shall evaluate the effectiveness and appropriateness of their due diligence strategy at least once aevery 5 years, and review it accordingly when necessary.
Amendment 632 #
2020/2129(INL)
Motion for a resolution
Article 9 – point 1
Article 9 – point 1
1. ULarge undertakings shall establish a grievance mechanism, both as an early- warning risk-awareness and as a remediation system, allowing any stakeholder to voice concerns regarding the existence of a human rights, environmental or governance risks. Member States shall ensure that large undertakings are enabled to provide for such a mechanism through collaborative arrangements with other undertakings or organisations. Member States shall encourage small and medium- sized undertakings to join such collaborative arrangements.
Amendment 640 #
2020/2129(INL)
2. Grievance mechanisms shall be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable as set out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights. They shall provide for anonymous and/or confidential complaints.
Amendment 680 #
2020/2129(INL)
Motion for a resolution
Article 12 – point 1
Article 12 – point 1
Amendment 694 #
2020/2129(INL)
Motion for a resolution
Article 13 – point 2
Article 13 – point 2
2. Member States shall ensure that stakeholders, particularly trade unions or workers' representative or workers themselves, have the right to participate in the definition of sectoral due diligence action plans.
Amendment 724 #
2020/2129(INL)
Motion for a resolution
Article 15 – point 6
Article 15 – point 6
6. Member States shall ensure that if the failure to comply with this Directive could lead to irreparable harm, a competent authority may order the adoption of interim measures by the undertaking concerned, or order the temporary suspension of activities.
Amendment 739 #
2020/2129(INL)
Motion for a resolution
Article 16 – point 1
Article 16 – point 1
1. In order to create clarity and certainty for undertakings, in particular small, medium-sized and micro undertakings, as well as ensure consistency among their practices, the Commission, in consultation with Member States and the OECD, and with the assistance of the Fundamental Rights Agency, the European Environment Agency and the European Agency for Small and Medium Enterprises, shall publish general non-binding guidelines for undertakings on how best to fulfil the due diligence obligations set out in this Directive. Those guidelines shall provide practical guidance on how proportionality may be applied to due diligence obligations depending on the size and sector of the undertaking. The guidelines shall be made available no later than 18 months after the date of entry into force of this directive.
Amendment 754 #
2020/2129(INL)
Motion for a resolution
Article 17
Article 17
Amendment 776 #
Amendment 780 #
2020/2129(INL)
Motion for a resolution
Article 19 – point 1
Article 19 – point 1
1. Member States shall provide for penaltieroportionate sanctions applicable to infringements of the national provisions adopted in accordance with this Directive and shall take all the measures necessary to ensure that those penaltiesanctions are enforced. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 782 #
2020/2129(INL)
Motion for a resolution
Article 19 – point 2
Article 19 – point 2
Amendment 1 #
2020/2126(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that common agricultural policy (CAP) funds make up a significant proportion of the 2021-2027 EU budget and that there is therefore a responsibility to protect them against any type of misuse2021-2027 accounts for about 31% of the EU budget; stresses that when properly implemented, these funds represent a strong support for the food production in the Union, which is at the heart of the CAP, and for the unique European farming model, with an increased focus on the environment and climate, and will contribute to the transition towards a more sustainable agricultural sector and the development of vibrant rural areas; reiterates that the financial interest of the Union and its citizens should be fully protected from fraud, misuse of funds and conflict of interest;
Amendment 8 #
2020/2126(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the study entitled ‘The Largest 50 Beneficiaries in each EU Member State of CAP and Cohesion Funds’ and emphasises the importance of consolidating and harmonising EU reporting systems, including through shared databases to ensure EU-wide data base interoperability, common rules and data exchange between governments and stakeholders; stresses also that reporting systems for CAP and cohesion policy funds should contain information on final beneficiaries; urges the Member States to publish this data in a single, machine readable format and to ensure the interoperability of information;
Amendment 13 #
2020/2126(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the EU-wide definition of active farmers in the new CAP; emphasises, however, the lack of progress in the fight against oligarch structur which aims at preventing individuals and companies from receiving support from the CAP when their business is not agricultural or is only marginally so; emphasises that although the number of fraud and irregularities related to EU revenues and expenditure has been reduced considerably over the recent years, the protection of the Union’s financial interest, preservation of EU’s credibility and impartiality in programme spending should remain a priority for the Union and its Member States;
Amendment 20 #
2020/2126(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the importance of stronger cooperation and coordination between the Member States and the relevant EU bodies engaged in the fight against fraud and misuse of funding (OLAF, the European Court of Auditors, Eurojust and the European Public Prosecutor’s Office (EPPO)); in addition, calls on the Member States to ensure that the competent national authorities are sufficiently funded and well trained to effectively detect and address fraud and misuse of CAP funds;
Amendment 26 #
2020/2126(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. EUnderlines the need to improve the balance between small and large beneficiaries and ensure more targeted support at Member State level; encourages the Member States to use the different redistributive tools for a fairer distribution of funds and to apply the capping provisions on direct payments;
Amendment 46 #
2020/2126(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Urges the Commission to strengthen its fraud prevention and detection capabilities including strengthening the reporting/signalling from individuals and stakeholders and developing and making better use of IT fraud detection tools;
Amendment 50 #
2020/2126(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the new CAP includes provisions, proposed by the European Parliament, that should further help the effective protection of the financial interests of the Union through collection and publication of data on groups of beneficiaries;
Amendment 73 #
2020/2126(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the clear link between respecting the rule of law and the sound implementation of CAP fundsimportance to protect all EU funds, including CAP funds, from infringements of the rule of law; urges the Commission to be extra vigilant on rule of law matters and to activate its proportionate sanction system if needed with regard to EU funds;
Amendment 78 #
2020/2126(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Encourages the harmonisation of cadastral systems at EU levelMember States, which haven’t yet done so, to ensure interoperability between the cadastral systems and the Integrated Administration and Control System in order to facilitate and improve the verification process.
Amendment 5 #
2020/2117(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, against the background of a sharp economic downturn, EU agri-food trade has remarkably remained broadly stable over the course of 2020, for both exports and imports, thanks in large part to the best efforts of farmers; highlights that the Union’s yearly agri-food trade surplus exceeded EUR 60 billion; recalls in this context that agriculture and agri-food are key drivers for EU exports and economic recovery; In this connection, calls on the Member States to allocate an appropriate and meaningful portion of the European Recovery Funds (Next Generation EU) to the primary sector.
Amendment 9 #
2020/2117(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, against the background of a sharp economic downturn, EU agri-food trade has remarkably remained broadly stable over the course of 2020, for both exports and imports, thanks in large part to the best efforts of farmers; and operators in the agri-food chain highlights that the Union’s yearly agri-food trade surplus exceeded EUR 60 billion; recalls in this context that agriculture and agri-food are key drivers for EU exports and economic recovery;
Amendment 24 #
2020/2117(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the remarkable resilience of European agriculture and food production in ensuring food security and security of supply; underlines its socio- economic importance as well as the high number of companies and jobs involved; stresses the importance of Europe’s agri- food production for the vitality of its rural areas;
Amendment 27 #
2020/2117(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Highlights the importance of the catalytic effect that the Covid-19 crisis has had on e-commerce in the agri-food sector, and given that e-commerce companies are positioning themselves as an additional actor, stresses the need to ensure that e-commerce be a positive and energising instrument which does not generate imbalances in the supply chain;
Amendment 30 #
2020/2117(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls, however, that some European agri-food markets are in a highly vulnerable situation after a significant loss in sales, threatening their long-term sustainability; notes that the pandemic has had a significant impact on the wine, spirit and liqueur sectors, among others, given the drop in exports in terms of both volume and value; calls for further support to reactivate these exports and regain market share; insists that the European Commission and the Member States should set up a compensation fund for the wine and spirits sector in order to mitigate the damage caused by the recently lifted US sanctions and the closure of the HORECA sector;
Amendment 36 #
2020/2117(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls, however, that some European agri-food markets are in a highly vulnerable situation after a significant loss in sales, threatening their long-term sustainability; notes that the pandemic has had a significant impact on agri-food and drink sector such as the wine, spirit and liqueur sectors, among other as well as fresh food, meat and ornamental plants, given the drop in exports in terms of both volume and value, increase in logistics costs and consumption habits; calls for further support to reactivate these exports and regain market share;
Amendment 60 #
2020/2117(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 62 #
2020/2117(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that any EU economic stimulus plans and export support measures need to consider agriculture in view of the importance and diversity of the sector; also stresses that the review and overhaul of EU trade policy, as well as the announced reform of the World Trade Organization, must be an opportunity to better defend the European agricultural model and farmers’ interests and to foster international regulatory co-operation while seeking new export possibilities for EU´s high quality agri-food products; in this regard highlights that trade must be based on balanced, fair and transparent rules to avoid distortion of competition; reiterates firmly that agriculture and agri-food products entering the European market must fully comply with EU rules and standards;
Amendment 73 #
2020/2117(INI)
Draft opinion
Paragraph 4 – subparagraph 1 (new)
Paragraph 4 – subparagraph 1 (new)
Stresses that the implementation of the initiatives and requirements of the European Green Deal should not lead to the leakage of agricultural production and forestry to third countries, which would have negative impact on the environment and climate;
Amendment 79 #
2020/2117(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights the importance of fair, sustainable and active EU trade policy and the role of bilateral and multilateral trade agreements for the European agri- food sector and exports; stresses that the concept of strategic autonomy should not lead to protectionism;
Amendment 94 #
2020/2117(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the overall importance of a well-functioning internal market in order to, including green lanes and guidelines for seasonal workers, in order to ensure food security and enhance Europe’s export capacity and secure ourEU´s producer network.;
Amendment 100 #
2020/2117(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Emphasizes the importance of transparency and traceability in food supply chain, in particular, in the light of the COVID-19 crisis and zoonotic epidemics and calls the EU to be a forerunner in origin labelling of agri-food products;
Amendment 9 #
2020/2074(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that cohesion policy must support strong climate mainstreaming in agriculture and food-related sectors, and considers that the agricultural sector is the sector most critically exposed to the consequences of climate change; highlights that namely changes in temperature and precipitation as well as weather and climate extremes are already influencing crop yields and livestock productivity in Europe; moreover notes that the agricultural sector is of strategic importance for EU and global food security;
Amendment 19 #
2020/2074(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the agricultural and forestry sectors are an important driver in the green transition; therefore highlights that future actions should focus on adaptation, mitigation and biodiversity; furthermore, notes that in order to harvest the full potential of technological innovations, substantial research is needed in order to develop both plant and livestock production, e.g. plant breeding, grass that sequester more carbon, biogas and biomass valorisation;
Amendment 30 #
2020/2074(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that, in order to reach the target of a 3255% reduction in GHG emissions in 2030, allocations from ESI funds supporting the transition towards climate neutrality in all eligible sectors would have to at least double, and 40% of ERDF resources would need to be allocated to the ‘green, low-carbon objective’1 ; underlines that research and investments in climate-effective agricultural solutions should be integrated into regional environmental strategies; __________________ 1 https://www.caneurope.org/docman/climat e-finance-development/3599-funding- climate-and-energy-transition-in-the-eu/file
Amendment 53 #
2020/2074(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the importance of linking regional urban and rural environmental strategies to ambitious climate targets that go beyond the overall target ofaim at achieving a climate- neutral EU by 2050, taking into account the potesubstantial contribution of the farming, food and forestry sectors;
Amendment 63 #
2020/2074(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that regional environmental strategies should support renewable energy production and resource efficiency in the farming, food and forestry sectors; suggests that the relevant authorities prioritise the most sustainable options, such as wind or solar, and subject bioenergy projects to strict sustainability criteria. Urges relevant authorities to further develop the circular economy and bio-economy in their regional environmental strategies; highlights within this context that the agricultural sector has the potential to produce renewable energy such as biogas from agricultural waste and residues such as manure, or from other sources of waste and residues from the food industry, sewage, wastewater and municipal waste. Furthermore consider that regional environmental strategies should enhance efficient and sustainable farm business models for nutrient recovery and recycling. Urges greater research, prioritisation and investment in these options, and calls for a supportive policy framework;
Amendment 76 #
2020/2074(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the development of the circular economy and bio-economy will create more jobs in the primary production and stresses that the bio- economy requires new skills, new knowledge and new disciplines be developed and/or integrated further in training and education in this sector in order to tackle bio economy-related societal changes, promote competitiveness, growth and job creation, meet the needs of the sector and ensure that skills and jobs are better matched;
Amendment 84 #
2020/2074(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of re- localising food promoting sustainable agricultural practices and enhancing Europeand feed production, notably the production of plant proteins, in climate change mitigation, as this and effective use crops like perennial grass which contribute significantly to mitigate climate change and restore the environmental balance; finds that investing in perennial grass as an alternative protein source will shortens transport distances and limits deforestation;contribute to the limitation of deforestation; moreover consider that such investments allows for a greening of rural communities and job markets through the establishment of local green biorefineries underlines the opportunities offered by cohesion policy and regional environmental strategies in supporting this re-localisation;
Amendment 124 #
2020/2074(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that EU macro-regional strategies should help build cooperation in order to solve regional issues linked to climate mitigation and adaptation in the farming, food and forestry sectors, in fields such as flood and fire protection, efficient collective waste management, including with the aim of energy production, and the re-localisation ofpromotion of sustainable food production.
Amendment 131 #
2020/2074(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the intention of the European Commission to present a strategy for rural areas and stresses the need to reinforce the synergies between the different structural and investment funds with the objective to help agri-food sectors improve their economic resilience and environmental sustainability.
Amendment 138 #
2020/2074(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights the need to strengthen EU investments on broadband in rural areas to enable farmers to integrate digital technologies in order to develop precision farming, as it will be essential for their ecological transition.
Amendment 40 #
2020/2073(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, in recent years, new multimedia channels have proliferated for the illegal distribution of live sport events, among which the illicit use of Internet Protocol Television (IPTV) stands out due to its increasing volume;
Amendment 47 #
2020/2073(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the number of rightholders, intermediaries and other service providers which develop software tools able to identify illegal broadcasting of live sport events with a minimum margin of error is steadily increasing; whereas, at the same time, the reliability of notifications issued by those rightholders, intermediaries and other service providers depends on the accuracy and technical quality of the software tools they deploy to identify illegal broadcasting of live sport events;
Amendment 50 #
2020/2073(INL)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas those rightholders, intermediaries and other service providers whose software tools are able to effectively and reliably identify illegal broadcasting of live sport events should be considered as “trusted flaggers”;
Amendment 51 #
2020/2073(INL)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the fulfilment of quality and accuracy standards should be required in order to be legally considered as trusted flagger; whereas a certificate based on common European requirements would be the preferred option to ensure a coherent and effective recognition of trusted flaggers;
Amendment 52 #
2020/2073(INL)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas research and innovation to develop improved software tools to identify and report illegal broadcasting of live sport events should be promoted by the Union and the Member States;
Amendment 103 #
2020/2073(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls Parliament´s resolution on a Digital Services Act (2020/2019 (INL)), which urges the Commission to ensure content hosting platforms to act expeditiously to make unavailable or remove content which is manifestly illegal;
Amendment 104 #
2020/2073(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Considers that illegal broadcasting of live sport events notified by a trusted flagger should be presumed to be manifestly illegal and therefore should be immediately rendered unavailable or removed from the platform;
Amendment 126 #
2020/2073(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for cooperation between Member States authorities and between, rightholders and intermediaries to be enhanreinforced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure;
Amendment 131 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1
Annex I – part 1 – paragraph 1 – indent 1
- to improve and makethe effectiveness of the current EU legal framework on enforcement of intellectual property rights with regarding to live sport events effective, considering theits specific nature of live sport events and, in particular, its short-timeerm value, and to base the new legal framework on the best practices within the Member States;
Amendment 134 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1 a (new)
Annex I – part 1 – paragraph 1 – indent 1 a (new)
- to implement a European system establishing common criteria for the certification of "trusted flaggers";
Amendment 135 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2
Annex I – part 1 – paragraph 1 – indent 2
- to clarify the existing legislation and adopt concrete measures to ensure the immediate removal or disabling of online access to illegal live sport events content identified by a trusted flagger to tackle efficiently illegal broadcast of live sport events;
Amendment 142 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down of illegal live sport content identified by a trusted flagger, considering their need for effective notice and take down mechanisms which imply immediate measures to be taken;
Amendment 146 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 5
Annex I – part 1 – paragraph 1 – indent 5
- to harmonise the use of swift and adaptable blocking procedures in the event of repeated violations already established allowing for real-time blocking of access to illegal online transmissions of live sport events identified by a trusted flagger, based on the model of “live” blocking orders and “dynamic injunctions”;
Amendment 148 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6
Annex I – part 1 – paragraph 1 – indent 6
- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions identified by a trusted flagger, excluding the recording and posting of illegal amateur footage of sport events;
Amendment 153 #
2020/2073(INL)
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 8
Annex I – part 1 – paragraph 1 – indent 8
- to complement the adaptation of the legislative framework with non-legislative measures, including enhanreinforced cooperation between Member States authorities and between, rightholders and intermediaries;
Amendment 155 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – introductory part
Annex I – part 2 – paragraph 1 – introductory part
Without prejudice to the modification, s to be expected within the framework of a futurthe Digital Services Act, of the general rules regarding the manner in which with regard to establishing general rules on tackling illegal online content is tackled by online intermediaries , Directive 2000/31/EC (the Directive on electronic commerce) shouldonline, Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (e-Commerce), shall be amended orto include specific provisions regarding the rights offor sport events´ organisers should be introduced in Union legislation, in order to, addressing, in particular, the following:
Amendment 157 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1
Annex I – part 2 – paragraph 1 – indent 1
- clarify the concept behind the phrase “acts define the notion of “expeditiously” set outlaid down in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately from the notification of the infringement by rightholdparagraph 1 (b) of Directive 2000/31, in such a way that “expeditiously” means acting “immediately after receipt of the infringement notification from a trusted flaggers and no later than 30 minutes after the start of the sport evennotification receipt”.;
Amendment 159 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 a (new)
Annex I – part 2 – paragraph 1 – indent 1 a (new)
- establish a common European quality and technical reliability standard for software tools deployed by rightholders, intermediaries and other service providers in order to identify illegal broadcasting of live sport events with a view to create a certification scheme for “trusted flaggers”;
Amendment 160 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 b (new)
Annex I – part 2 – paragraph 1 – indent 1 b (new)
- create the legal assumption that notifications issued by certified “trusted flaggers” are deemed to be accurate and reliable, and that the notified ongoing broadcasting is therefore presumed to be illegal and consequently would need to be rendered unavailable or removed expeditiously;
Amendment 161 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 c (new)
Annex I – part 2 – paragraph 1 – indent 1 c (new)
- establish adequate procedures for periodic evaluation and review of these certifications;
Amendment 167 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4
Annex I – part 2 – paragraph 1 – indent 4
- provide for support for enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation on streamingfor online content providers to perform real-time take downs;
Amendment 172 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4
Annex I – part 2 – paragraph 2 – indent 4
- specify that the removal of the illegal contbroadcasting of live sport events should take place immediately afterupon reception of the notice and no later than 30 minutes after the event started, provided that there is no doubt about who owns the content and whether any directreceipt of the notification, provided that illegality of the broadcast has been notified by a trusted flagger or, indirect consent was given by the rightholders to make the content available to the public; strong indication case of unambiguity of the rightholder; incentives should be put onrovided to the rightholders in order to prevent any removal of legal contentbroadcasts; to that end, blocking access to or removing illegal content should in principlebroadcast shall not require blocking the access to a server that hosts legal services and content;
Amendment 175 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5
Annex I – part 2 – paragraph 2 – indent 5
- enhanreinforce cooperation between Member States’ authorities, including by way of exchange of data and best practices and creating a network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;
Amendment 176 #
2020/2073(INL)
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 6
Annex I – part 2 – paragraph 2 – indent 6
- enhanreinforce the cooperation between intermediaries and rightholders, including by promoting the conclusion of Memoranda of Understanding that could provide for a specific notice and action procedure;
Amendment 1 #
2020/2072(INL)
Draft opinion
Citation 1 a (new)
Citation 1 a (new)
- whereas the independence, quality and efficiency of national justice systems are crucial for the achievement of effective justice in civil, commercial and administrative cases for citizens and businesses; whereas the EU Justice Scoreboard provides substantive data on these parameters and represents a tool of comparison;
Amendment 2 #
2020/2072(INL)
Draft opinion
Citation 1 b (new)
Citation 1 b (new)
- whereas according to Article 6 of the Treaty of the European Union, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union (The Charter), which shall have the same legal value as the Treaties; whereas under the guidance of the European Court of Justice, the Charter is applied by Member States’ judicial authorities only when implementing European legislation, however, it is important for the fostering of a common legal, judicial and rule of law culture that the rights as enshrined in the Charter are always taken into account including in civil and administrative proceedings;
Amendment 13 #
2020/2072(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Invites the Commission as Guardian of the Treaties to further substantiate its annual reporting on the application of the Charter by establishing a monitoring exercise and dialogue with the Member States within the framework of the future Mechanism on Democracy, the Rule of Law and Fundamental Rights with the aim of ensuring that national legislative and judicial measures and practices with regards to civil, administrative, commercial and procedural law are aligned with the provisions of the Charter;
Amendment 53 #
2020/2072(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that preliminary rulings clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows for uniform interpretation and implementation of the European legislation; Highlights the potential of judicial training for improving the dialogue between national courts and the Court of Justice of the European Union, particularly through the use of references for a preliminary ruling and the interaction between the principles of subsidiarity and primacy of Union law;
Amendment 62 #
2020/2072(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Points to the complementarity that should exist between the EU Justice Scoreboard, which allows for an overview comparison between Member States' judicial systems, and the Annual Monitoring Report on Union Values as an in-depth qualitative mapping of the concrete situation in each Member State;
Amendment 19 #
2020/2058(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the proposal of the Commission to allocate 15 billion Euros to Rural Development in the context of the "Next Generation UE", but regrets that no allocation has been proposed for the first pillar of the CAP within this new instrument, taking into account the need to improve direct payments and the support to sectorial programs to help farmers overcome the Covid-19 crisis and comply with the new Green Deal objectives;
Amendment 8 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Deplores the fact thatEncourages the Commission to continues to promote free trade with the ultimate aim ofinvestigate the ways in which free trade or establishing a comprehensive free-trade area between the two continents; points out that free- trade agreements disrupt local agriculture, are damaging to small producers and exacerbate the African continent’s dependency on food imports could benefit all;
Amendment 12 #
2020/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Supports the development of trade opportunities between the continents, while including protection and safeguards for sensitive agricultural products to enable regions to enhance and extend their production potential; points out that trade agreements have the potential to boost local agriculture, but need to uphold the principle of fair trade avoiding disrupting local agriculture, and at the same time assure the availability of sustainably produced food;
Amendment 20 #
2020/2041(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Requests that the European Commission, in line with the Sustainable Development Goals and commitments made in the Farm to Fork Strategy, will through its external and trade policies actively work together with African partners in the transition to sustainable agri-food systems, which benefit people, nature and economic growth;
Amendment 39 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is particularly concerned about the fact that deforestation is gaining pace in Africa; points out that the destruction of the African rainforests leads to an irreversible loss of biodiversity and of carbon sinks; calls on the Commission to submit, without delay, a proposal for a European due diligence framework in order to guarantee sustainable and deforestation- free supply chains for all products placed on the EU market; recalls the importance of ensuring the complementarity between agriculture, wildlife and biodiversity conversation and insists on the need to promote sustainable agricultural practices such as agroforestry in Africa;
Amendment 44 #
2020/2041(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that the European Union should ensure that the same high safety and sustainability standards in food production, both for the product and the production method, should apply, particularly in the light of the higher ambition of the Farm to Fork Strategy and Biodiversity Strategy for 2030;
Amendment 49 #
2020/2041(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 58 #
2020/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deplores that fact that land- grabbing is rife in Africa; points out that land-grabbing is a brutal practice that undermines food sovereignecurity and endangers rural African communities;
Amendment 71 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges Member States and the EU to increase considerably the amount ofefforts in public development aid allocated to African countries; calls in particular for an increase in public development aid forof better infrastructure and value chains for local farmers and biodiversity and climate change adaptation policies;
Amendment 74 #
2020/2041(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the significant share of Africa’s work force that rely on agricultural food production, processing and distribution for their livelihoods, income and direct employment; underlines that it concerns in most cases smallholdings and family farms, notes the importance of promoting and enhancing measures and tools to support increasing the quality and diversification of products, modernisation of agricultural practices and measures to strengthen the resilience of farmers, particularly young farmers;
Amendment 76 #
2020/2041(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses the essential contributions of young girls and women to agricultural and rural economies across the African continent;however regrets that many women do not have the same rights as men, have more limited access to land and face many constraints that reduce their agricultural productivity; considers it therefore of crucial importance to support and enhance the empowerment of young girls and women in Africa;
Amendment 86 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls onRequests that the Africa-EU Partnership to focus its efforts in the area of agriculture on safeguarding African countries’ right to food security and on promoting small-scale agro-ecological farming with the emphasis on healthy food production and farmer well-being.in the agricultural sector aims as a priority to guarantee the right to food security of African countries and the promotion of agro-ecological farming which values sustainable food production and the social and economic well-being of farmers;
Amendment 95 #
2020/2041(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to ensure that the Africa-EU Partnership is mutually beneficial to both continents in terms of market opportunities, knowledge exchange, fair value chains and access to and support for climate mitigation and adaptation tools and measures;
Amendment 4 #
2020/2039(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas agricultural workers inrural areas, particularly those living in remote areas, suffering from demographic disadvantages, face anexceptional higher risk of poverty and social exclusion;
Amendment 5 #
2020/2039(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas rural areas that are faced with depopulation may experience land abandonment and increased risk of forest fires and face difficulties in their economic recovery 1a; _________________ 1aForest fires — Sparking fire smart policies in the EU, European Commission (2018).
Amendment 11 #
2020/2039(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas, EU Cohesion Policy makes a key contribution to delivering Digital Single Market objectives on the ground, in particular through significant financial allocations from the European Regional Development Fund (ERDF);
Amendment 24 #
2020/2039(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the ongoing depopulation of rural areas, which leads to difficulties in accessing public services or inadequate health coverage, is not only having serious economic and social consequences but also hampering our chances of achieving the Green Deal’s ambitious objectives;
Amendment 32 #
2020/2039(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission, in developing the Farm to Fork and Biodiversity strategies, to take practical steps to maintain the rural population, to develop local economies that would create job opportunities;
Amendment 11 #
2020/2038(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that agrotourism makes a significant contribution to the rural economy, represents an important additional source of income for many farms and, offers a wide range of opportunities to maintain the attractiveness of rural areas and create jobs, improves the business environment for the craft sector, agricultural holdings and rural businesses and prevents depopulation of the rural areas by boosting growth;
Amendment 18 #
2020/2038(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the COVID-19 crisis has strongly hit tourism activities in rural areas, and this has had a significant negative impact on revenues coming from agri-tourism. Therefore calls the European Commission and Member States to strengthen agri-tourism initiatives as part of the recovery plan and to ring-fence a specific allocation.
Amendment 25 #
2020/2038(INI)
2b. Stresses the benefits of rural tourism and calls on the Commission and the Member States to further promote and support initiatives, which would generate additional income sources for rural areas, job opportunities and prevent depopulation.
Amendment 34 #
2020/2038(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the growing inclination toward local and authentic travel experiences including the consumption of local and organic food products; calls on the Commission and the Member States to support campaigns raising awareness about the positive impact of sustainable ecotourism on the conservation of the biodiversity, responsible consumption of natural resources and learning experiences, educating and influencing lifestyle choices towards greener and more sustainable living;
Amendment 46 #
2020/2038(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines the importance and the need of better promotion of local tourism, which can significantly contribute to the achievement of some of the goals outlined in the European Green deal by reducing the distance travelled by each person and lowering the climate impact, improving the tourism environmental management by taking the pressure from overly populated tourist sites, while at the same time benefits the rural regions and local communities and helps to reduce the depopulation of these regions;
Amendment 53 #
2020/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to strengthen their efforts to improve the connectivity and multi- modal sustainable travel in the rural and peripheral areas, as well as the access to broadband internet in these regions, which are essential for the development of sustainable tourism and for the digital transformation of tourism services, which will offer more choices, better allocation of resources and new ways of managing travel and tourist flows;
Amendment 55 #
2020/2038(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that rural tourism provides between 10 and 20% of rural income and employment, twice tourism’s income and employment levels averaged across Europe, and offers two-fold benefits: income diversification for farmers and a wide opportunity to connect consumers with the origins of food, biodiversity and nature, which contributes to the transmission of a high quality image of EU agriculture.
Amendment 11 #
2020/2027(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. (new) whereas, according to Article 191(1) of the TFEU. Union policy on the environment must contribute to the pursuit of objectives, such as protecting the health of its citizens, protecting and improving the quality of the environment, promoting the prudent and rational utilisation of natural resources, and promoting measures at international level to address global or regional environmental problems;
Amendment 12 #
2020/2027(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-A a. whereas Article 37of the Charter of Fundamental Rights requires that a high level of environmental protection and the improvement of the quality of the environment be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development;
Amendment 14 #
2020/2027(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU’s coordinated environmental strategy must encourages cooperation and ensures that EU policies are consistent with each other;
Amendment 16 #
2020/2027(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. (new) whereas responsible business conduct implies that companies take due consideration of environmental concerns;
Amendment 33 #
2020/2027(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. (new) whereas the availability of financial security instruments has significantly increased since the adaption of the ELD;
Amendment 75 #
2020/2027(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. (new) Believes that the revised framework should provide for increased best practice sharing among Member States;
Amendment 87 #
2020/2027(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that most definitions in the ELD should be further clarifi, such as environmental damage and operator, should be further clarified, and where appropriate extended to make the directive fair and clear to all stakeholders and to keep pace with the rapid evolution of pollutants; welcomes therefore the current efforts to develop a common understanding document (CUD) on key ELD definitions and concepts; regrets, however, that the Commission and the ELD government expert groups did not reach an agreement on its format, meaning that the CUD remains a document produced by the consultancy which was hired by the Commission to support the implementation of the 2017-2020 Multi- annual ELD Work Programme;
Amendment 53 #
2020/2026(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the lack of harmoniscurrent situation also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts, or hiring staff;
Amendment 60 #
2020/2026(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the Commission and the Member States have not brought forward legislation to harmoniseguidance to ensure free flow of capital and freedom of association to strengthen the situation of associations and NPOs throughout the EU nor established a statute for a European association despite several attempts, and numerous calls by civil society;
Amendment 64 #
2020/2026(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that, as only certain associations and NPOs are operating in the social economy, the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all associations; the upcoming Social Economy Action Plan, needs to include recommendations on how to overcome barriers of cross-border giving
Amendment 87 #
2020/2026(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Maintains that regulation will only benefit European civil society if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing, as well as private financing, of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limited and non- monetary contributions of NPOs counted as such.
Amendment 96 #
2020/2026(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by harmonisstreamlining the public benefit status across the EU, also with regard to tax benefits for them and their benefactors, where such benefits exist under national legislation;
Amendment 98 #
2020/2026(INL)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to adopt a legislative proposal to recognise reciprocally public benefit tax exempt organisations including philanthropic organisations in every Member State if recognised as public benefit tax exempt in one of the Member States for tax purposes should be in trach changes;
Amendment 326 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – recital 3
Annex – Part II – recital 3
(3) Non-profit organizations including philanthropic organisations make a key contribution to the achievement of goals that are in the public interest and to achieve the Union’s objectives, including by promoting active participation in the economic and democratic life of our societies.
Amendment 330 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – recital 11
Annex – Part II – recital 11
(11) It is necessary at Union level to build on existing standards and guidance to establish minimum standards in line with the Freedom of Association and the free flow of capital, for non-profit organisations, aimed at ensuring a uniform level of protection and a level playing field for all non-profit organisations established in the Union, in order to secure an enabling environment in which these organisations can contribute without hindrances to the functioning of the internal market.
Amendment 342 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – recital 27
Annex – Part II – recital 27
(27) Non-profit organisations should have the freedom to seek, receive and use financial, material and human resources, whether domestic, foreign or international, for the pursuit of their activities. Non-profit organisations across the Union have reported increasingly difficult access to resources including public funding and there are concerns in an increasing number of Member States as regards the proportionality of strict rules being adopted on non-profit organisations’ access to foreign funding. Philanthropic organisations have reported about difficulties to donate and grant to other NPOs in some cases. It is therefore necessary to establish principles and standards on non- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital. National laws and EU policy should facilitate cross-border philanthropy in line with EU fundamental rights and free flow of capital.
Amendment 345 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – recital 28
Annex – Part II – recital 28
(28) According to the judgment of the Court of Justice of 18 June 2020 in case C- 78/18, European Commission v Hungary11 , Article 63 of the Treaty on the Functioning of the European Union (TFEU) and Articles 7, 8 and 12 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) protect non-profit organisations against discriminatory, unnecessary and unjustified restrictions to access to resources and the free movement of capital within the Union . This also concerns the ability to seek, secure and use resources of both domestic and foreign origin, which is essential to the existence and operation of any legal entity. Cross- border philanthropy must not be restricted by so called foreign funding restrictions or discriminatory national tax laws Restrictions can be imposed for legitimate aims, such as in the interests of national security, public safety or public order, but should be proportionate to the objective of protecting such interests, and the least intrusive means of achieving the desired objective. This concerns, among others, restrictions deriving from rules on combating money laundering and terrorist financing, which are applied in accordance with the principles of necessity and proportionality, having regard in particular to risk-assessment obligations under international and Union law. Therefore, Member States should not apply unreasonable, overly intrusive or disruptive measures, including reporting requirements placing an excessive or costly burden on organisations. The European Court of Justice (ECJ) recognised the application of the free movement of capital to philanthropic funds and continues to interpret the fundamental freedoms guaranteed under the European treaties along with ensuring that the principle of non-discrimination applies to donors and public benefit organisations in the EU. A series of ECJ cases examined the tax treatment of public benefit entities and their donors, including: Stauffer: C- 386/04 Centro di Musicologia Walter Stauffer/Finanzamt München für Körperschaften [2006] ECR I-8203; Hein-Persche: C-318/07 Hein Persche/Finanzamt Lüdenscheid [2009] ECR I-359 and Missionswerk: C- 25/10Missionswerk Werner Heukelbach eV/Belgien [2011] 2 C.M.L.R. 35. But national laws continue to discriminate or imply costly and burdensome procedures which de facto keep national systems in conflict with EU law. The impact of the ECJ cases on national level regulation and practices was analysed in the 2014EFC/TGE commissioned report on taxation of cross-border philanthropy in Europe:http://efc.issuelab.org/resource/ta xation-of-cross-border-philanthropy-in- europe-after-persche-and-stauffer-from- landlock-to-free-movement.html __________________ 11 Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18, ECLI:EU:C:2020:476.
Amendment 352 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 2 – paragraph 1
Annex – Part II – Article 2 – paragraph 1
1. This Directive shall apply, to non- profit organisations, including philanthropic organisations, established in the Union.
Amendment 367 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 5 – paragraph 2 a (new)
Annex – Part II – Article 5 – paragraph 2 a (new)
2a. Member States shall in the context of the non-discrimination principle in their jurisdiction allow tac relief measures in cross-border contexts.
Amendment 368 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 6 – paragraph 1
Annex – Part II – Article 6 – paragraph 1
1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation, as for example to enable access to banking and financial services, as well as guarantee sage and secure channels for cross-border philanthropic donations and foundations asset allocations within but also outside the EU.
Amendment 373 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 7 – paragraph 4
Annex – Part II – Article 7 – paragraph 4
4. Member States shall take the measures necessary to ensure that oversight and supervision of non-profit organisations is undertaken by designated supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence (free of political interference) in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.
Amendment 406 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 18
Annex – Part II – Article 18
Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation’s purpose, field of activities or sources of financing. Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation´s purpose, field of activities or sources of financing.
Amendment 413 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 21 – paragraph 3 a (new)
Annex – Part II – Article 21 – paragraph 3 a (new)
3a. Member States shall ensure that asset allocation across borders is less bureaucratic and deductible as well as enable generating of profits for reinvestment in charitable projects.
Amendment 1 #
2020/2019(INL)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004, Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive2009/22/EC (Regulation on consumer ODR) and Directive 2009/22/EC (Directive on consumer ADR), and Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
Amendment 3 #
2020/2019(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the commitment of the European Commission President, Ms. Ursula von der Leyen, to upgrade the liability and safety rules for digital platforms, services and products, and complete the Digital Single Market via a Digital Services Act,
Amendment 10 #
2020/2019(INL)
Motion for a resolution
Citation 8
Citation 8
- having regard to Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights,
Amendment 11 #
2020/2019(INL)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the 2007 Lugano Convention and the 1958 New York Convention,
Amendment 25 #
2020/2019(INL)
Motion for a resolution
Recital C
Recital C
C. whereas some businesses offering digital services enjoy, due to strong data- driven network effects, market dominance that makes it increasingly difficult for other players to compete and difficult for new businesses to even enter the market;
Amendment 33 #
2020/2019(INL)
Motion for a resolution
Recital D
Recital D
D. whereas ex-post competition law enforcement alone cannot effectively address the impact of the market dominance of certain online platforms on fair competition in the digital single market;
Amendment 55 #
2020/2019(INL)
Motion for a resolution
Recital H
Recital H
H. whereas content hosting platforms often employ automated content removal mechanisms that raise legitimate rule of law concerns, in particular when they are encouraged to employ such mechanisms pro-actively and voluntarily, resulting in content removal taking place without a clear legal basis, which is in contravention ofautomated content removal mechanisms, employed by content hosting platforms, raise legal concerns, in particular as regards possible restrictions of freedom of expression and information, protected under Article 101 of the European Convention on Human Rights, stating that formalities, conditions, restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by lawCharter of Fundamental Rights of the European Union;
Amendment 65 #
2020/2019(INL)
Motion for a resolution
Recital I
Recital I
I. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States atand national level, and there arewith notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situationand enforcement mechanisms deployed; whereas this situation creates a fragmented Digital Single Market and, therefore, requires a response at Union level;
Amendment 68 #
2020/2019(INL)
Motion for a resolution
Recital L
Recital L
L. whereas the choice of algorithmic logic behind such recommendation systems, comparison services, content curation or advertisement placements remains not solely but also at the discretion of the content hosting platforms with little possibility for public oversight, which raises accountability and transparency concerns;
Amendment 72 #
2020/2019(INL)
Motion for a resolution
Recital O
Recital O
O. whereas the terms and conditions of platforms, which are non-negotiable, often indicate both applicable law and competent courts outside the Union, which represent an obstacle as regards access to justice; whereas the question of which private international law rules relate to rights to data is ambiguous in Union law as well Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters lays down rules on jurisdiction; whereas Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, clarifies the data subject’s right to private enforcement action directly against the controller or processor, regardless of whether the processing takes place in the Union or not and regardless whether the controller is established in the Union or not; whereas Article 79 of Regulation (EU) 2016/679 stipulates that proceedings shall be brought before the courts of the Member State in where the controller or processor has ian international lawestablishment or, alternatively where the data subject has his or her habitual residence;
Amendment 77 #
2020/2019(INL)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas it is important to assess the possibility of tasking an existing or new European Agency, or European body, with the responsibility of ensuring a harmonised approach across the Union and address the new opportunities and challenges, in particular those of a cross- border nature, arising from ongoing technological developments.
Amendment 94 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Requests the Commission that the regulation includes a universal definition of ''dominant platforms'' and lay down its characteristics.
Amendment 116 #
2020/2019(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked with monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used for automated content moderation and curation, and impThe application of this regulation should be closely monitored by an existing or new European Agency, or European body, tasked, in particular, to ensure compliance by content hosting platforms with the provisions of this Regulation. The relevant Agency or European body should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting penalties for non- compliancelatforms for the purpose of content management;
Amendment 124 #
2020/2019(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for content hosting platforms to evaluate the risk that their content management policies of legal content pose to society e.g. public health, disinformation, and, on the basis of a presentation of reports to the relevant European Agency or European body, have a dialogue with the relevant European Agency or European body and the relevant national authorities biannually;
Amendment 125 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European Agencpublish and submit comprehensive transparency reports, including on their content policies, to the existing or new European Agency, or European body, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms make available, in an easily accessible manner, their content policies and publish their decisions on removing user-generated content on a publicly accessible database;
Amendment 144 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agencrelevant, existing or new, European Agency or European body to ensure that there is compliance with the Digital Services Act;
Amendment 147 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcingensure that content hosting platforms to employing any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agencre subject to audits by the existing or new European Agency or European Body to ensure that there is compliance with the Digital Services Act;
Amendment 181 #
2020/2019(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for content hosting platforms to give users the choice of whether to consent to the use ofuse targeted advertisingement based on the user’s prior interaction with content on the same content hosting platform or on third party websites, only after having obtained prior consent by the user, in accordance with Regulation (EU) 2016/679;
Amendment 184 #
2020/2019(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Further calls for users to be guaranteed an appropriate degree of influence over the criteria according to which content is curated and made visible for them; affirms that this should also include the option to opt out from any content curation;
Amendment 190 #
2020/2019(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the European Commission to require hosting platforms to verify the identity of those advertisers with whom they have a commercial relationship so that the information they provide with is accurate, ensuring accountability of advertisers in case of promoting illegal content;
Amendment 214 #
2020/2019(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that non-negotiable terms and conditions should neitherall not prevent effective access to justice in Union courts nor disenfranchise Union citizens or businesses and that the status of access rights to data; calls on the Commission to assess if the protection of access rights to personal and non-personal data with regards to protection under private international law is uncertain and leads to disadvantages for Union citizens and businesses;
Amendment 246 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2 a (new)
Annex I – part A – part I – section 1 –indent 2 a (new)
- It should provide a dialogue between major content hosting platforms and the relevant, existing or new, European Agency or European body together with national authorities on the risk management of content management of legal content.
Amendment 255 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –– indent 5
Annex I – part A – part I – section 1 –– indent 5
- It should fully respect Union rules protectingthe Charter of Fundamental Rights of the European Union, as well as Union rules protecting users and their safety, privacy and personal data, as well as other fundamental rights.
Amendment 262 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
A European Agency on Content Management should be establishedsks the Commission to entrust an existing or new European Agency or European body with the following main tasks:
Amendment 295 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
- failure to provide access for the European Agencrelevant, existing or new, European Agency or European body to content moderation and curation algorithms for review;
Amendment 302 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
- failure to submit transparency reports to the European Agencrelevant, existing or new, European Agency or European body;
Amendment 308 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly publish and provide transparency reports to the Agency. Suchrespective, existing or new, European Agency or European body. Such reports should be comprehensive, following a consistent methodology. Transparency reports should, in particular, include:
Amendment 315 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– indent 1 – subi. 3
Annex I – part A – part I – section 3 –– indent 1 – subi. 3
- the total number of removal requests complied with, and the total number of referrals of content to competent authorities,
Amendment 317 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– indent 1 – subi. 8
Annex I – part A – part I – section 3 –– indent 1 – subi. 8
- information on the enforcement of terms and conditions and information on the court rulings received to remove and/or delete terms and conditions for being considered illegal per Member State.
Amendment 324 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 1
Annex I – part A – part II – section 1 – indent 1
- Measures to lminimitze the data collected by content hosting platforms, based on inter alia interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements and by requiring prior consent of the user.
Amendment 325 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 1
Annex I – part A – part II – section 1 – indent 1
- MEnforcement of existing measures to limit the data collected by content hosting platforms, based on inter alia interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements.
Amendment 328 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 2
Annex I – part A – part II – section 1 – indent 2
- Users of content hosting platforms should be given the choice to opt in or out of receiving targeted advertisementand withdraw their consent to be subject to targeted advertisements, in line with data protection and privacy rules.
Amendment 330 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 3 – introductory part
Annex I – part A – part II – section 1 – indent 3 – introductory part
- Content hosting platforms should make available an archive of sponsoreships and advertisements that were shown to their users, including the following:
Amendment 331 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 3 – subi. 1
Annex I – part A – part II – section 1 – indent 3 – subi. 1
- whether the advertisement or sponsorship is currently active or inactive,
Amendment 332 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 3 – subi. 2
Annex I – part A – part II – section 1 – indent 3 – subi. 2
- the timespan during which the advertisement or sponsorship was active,
Amendment 333 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 3 – subi. 3
Annex I – part A – part II – section 1 – indent 3 – subi. 3
- the name and contact details of the advertisersponsor or advertiser and, if different, on behalf of whom the advertisement or the sponsorship is being placed,
Amendment 334 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 3 – subi. 6
Annex I – part A – part II – section 1 – indent 3 – subi. 6
Amendment 353 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 1
Annex I – part A – part II – section 4 – indent 1
- include the effective enforcement of existing measures ensuring that non- negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice,
Amendment 357 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 2
Annex I – part A – part II – section 4 – indent 2
- include measures clarifying private international law rules as regards data in a way that isto inter alia consider the activities of platforms, so that they are not detrimental to Union subjects,
Amendment 371 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 6 a (new)
Annex I – part B – recital 6 a (new)
(6a) In order to ensure evaluation of the risks presented by the content amplification, this Regulation establishes a biannual dialogue on content management policies of legal content between major content hosting platforms and the respective, existing or new European Agency, or European body together with relevant national authorities.
Amendment 394 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 15
Annex I – part B – recital 15
(15) In order to ensure that users and notifiers to make use of referral to independent dispute settlement bodies as a first step, it must be emphasised that such referral should not preclude any subsequent court action. Given that content hosting platforms which enjoy a dominant position on the market can particularly gain from the introduction of independent dispute settlement bodies, it is appropriate that they take responsibility for the financing of such bodies. These bodies shall be provided with adequate resources to ensure their competence and independence.
Amendment 396 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 16
Annex I – part B – recital 16
(16) Users should have the right to referral to a fair and independent dispute settlement body, as an alternative dispute settlement mechanism, to contest a decision taken by a content hosting platform following a notice concerning content they uploaded. Notifiers should have this right if they would have had legal standing in a civil procedure regarding the content in question.
Amendment 397 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 17
Annex I – part B – recital 17
(17) As regards jurisdiction, the competent independent dispute settlement body should be that located in the Member State in which the content forming the subject of the dispute has been uploaded. For natural persons, it should always be possible to bring complaints to the independent dispute body of their Member States.
Amendment 400 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 19
Annex I – part B – recital 19
(19) This Regulation should include obligations to report on its implementation and to review it within a reasonable time. For this purpose, the independent dispute settlement bodies established pursuant to this Regulation should submit reports on the number of referrals brought before them, including the number of referrals dealt withthe decisions taken – anonymising personal data as appropriate – including the number of referrals dealt with, data on systemic problems, trends and the identification of traders not complying with the decisions of the alternative dispute settlement body.
Amendment 405 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) Action at Union level as set out inThe application of this Regulation wshould be substantially enhanced with the establishment of a Unioclosely monitored by an existing or new European aAgency tasked with monitoring and, or European body tasked, in particular, to ensuringe compliance by content hosting platforms with the provisions of this Regulation. The Agencrespective Agency or European body should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management ‒
Amendment 416 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 1 a (new)
Annex I – part B – Article 3 –point 1 a (new)
(1a) 'Dominant platforms' or 'dominant content hosting platforms' means an information society service with several of the following characteristics: (a) ‘bottleneck power’ – which means the capacity to develop or preserve its user base because of network effects which lock-in a significant part of its users, or its positioning in the downstream market allows it to create economic dependency; (b) a considerable size in the market, measured either by the number of active users or by the annual global turnover of the platform; (c) integration into an business or network environment controlled by its group or parent company, which allows for leveraging market power from one market into an adjacent market; (d) a gatekeeper role for a whole category of content or information; (e) access to large amounts of high quality personal data, either provided by users or inferred about users based on monitoring their online behaviour. Data indispensable for providing and improving a similar service, as well as being difficult to access or replicate by potential competitors;
Amendment 421 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 5 a (new)
Annex I – part B – Article 3 –point 5 a (new)
(5a) 'Sponsorship' means content payed for or placed on behalf of a third party;
Amendment 427 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 a (new)
Annex I – part B – Article 4 – paragraph 1 a (new)
1a. Dominant content hosting platforms shall evaluate the risks of their content management policies.
Amendment 431 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 4
Annex I – part B – Article 4 – paragraph 4
4. Content hosting platforms shall provide users with an appropriate degree of influence over the curation of content made visible to them, including the choice of opting out of content curation altogether. In particular, users shall not be subject to content curation without their specific prior consent.
Amendment 436 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 a (new)
Annex I – part B – Article 4 a (new)
Article 4a Structured risk dialogue on content curation As part of a structured risk dialogue with the existing or new European Agency, or European body together with the relevant national authorities, the dominant content hosting platforms shall present a report to the Commission or relevant Agency or European body on their risk management of content curation on their platform and how they mitigate these risks.
Amendment 439 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 5 – subparagraph 1
Annex I – part B – Article 5 – subparagraph 1
Any natural or legal person or public body to which content is provided through a website or, application, or another software, shall have the right to issue a notice pursuant to this Regulation.
Amendment 446 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 7 –introductory part
Annex I – part B – Article 7 –introductory part
A notice regarding content shall be made in writing and shall include at least the following information:
Amendment 447 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 7 –point a
Annex I – part B – Article 7 –point a
(a) a link to the content in question and, where appropriate, e.g. video, a timestamp;
Amendment 461 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 10 – introductory part
Annex I – part B – Article 10 – introductory part
Once a decision has been taken, content hosting platforms shall inform all parties involved in the notice procedure about the outcome of the decision, providing the following information in a clear and simple manner:
Amendment 464 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 10– point b
Annex I – part B – Article 10– point b
(b) whether the decision was made by a human or an algorithm and in the latter case, whether a human review has taken place;
Amendment 465 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 10 – point c
Annex I – part B – Article 10 – point c
(c) information about the possibility for review as referred to in Article 11 orand judicial redress for either party.
Amendment 467 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 11
Annex I – part B – Article 11
Amendment 475 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 1
Annex I – part B – Article 13 – paragraph 1
1. Member States shall establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse when decisions on content moderation are appealed against. The independent dispute settlement bodies should as a minimum comply with the quality requirements for consumer ADR bodies set down under Directive 2013/11/EU.
Amendment 477 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 3
Annex I – part B – Article 13 – paragraph 3
3. The referral of a question regarding content moderation to an independent dispute settlement body shall not preclude a user from being able to have further recourse in the courts unless the dispute has been settled by common agreement.
Amendment 479 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 4
Annex I – part B – Article 13 – paragraph 4
4. Content hosting platforms that enjoy a dominant position on the market shall contribute financially to the operating costs of the independent dispute settlement bodies through a dedicated fund. Member States shall ensure these bodies are provided with adequate resources.
Amendment 482 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 1
Annex I – part B – Article 14 – paragraph 1
1. The uploader shall have the right to refer a case of content moderation to the competent independent dispute settlement body where the content hosting platform has decided to remove or, take down or make invisible content, or otherwise to act in a manner that is contrary to the action preferred by the uploader as expressed by the uploader.
Amendment 484 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3
Annex I – part B – Article 14 – paragraph 3
3. As regards jurisdiction, the competent independent dispute settlement body shall be that located in the Member State in which the content that is the subject of the dispute has been uploaded. For natural persons, it should always be possible to bring complaints to the independent dispute body of their Member States.
Amendment 486 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 4
Annex I – part B – Article 14 – paragraph 4
4. Where the notifier has the right to refer a case of content moderation to an independent dispute settlement body in accordance with paragraph 2, the notifier may refer the case to the independent dispute settlement body located in the Member State of habitual residence of the notifier or the uploader, if the latter is using the service for non-commercial purposes.
Amendment 7 #
2020/2018(INL)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 14 #
2020/2018(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. The upcoming legislative proposal on the Digital Services Act should fully respect the Charter of Fundamental Rights of the European Union, as well as Union rules protecting consumers and their safety, privacy and personal data, as well as other fundamental rights;
Amendment 17 #
2020/2018(INL)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls the importance of the key principles of the e-Commerce Directive, namely the country of origin principle, the limited liability clause and the ban on general monitoring obligation, to remain valid in the legislative proposal on the Digital Services Act;
Amendment 18 #
2020/2018(INL)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses the need for a definition of ‘dominant platforms’ and lay down their characteristics;
Amendment 19 #
2020/2018(INL)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Emphasises that there should be no ex-ante content control; stresses the need for more transparency in content review and management by content hosting platforms, therefore suggests there to be a review mechanism for dominant content hosting platforms to allow for a new or existing European Agency or European body to evaluate the risks of their content management policies; stresses the importance to be aware whether the decision was made by a human or an algorithm and in the latter case, whether a human review has taken place;
Amendment 20 #
2020/2018(INL)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Stresses that wherever it is technically possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the Directive on Consumer Rights requires commercial traders to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously should be upheld;
Amendment 22 #
2020/2018(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. NStresses the enforcement of existing Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data and notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the servicethis framework;
Amendment 35 #
2020/2018(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; stresses, therefore, that the Digital Services Act should explicitly prohibitregulate any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation, and refrain from imposing notice-and-stay- down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content;
Amendment 37 #
2020/2018(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the importance of entrusting an existing or new European Agency or European body to coordinate the cooperation among Member States in cross-border issues and the network of independent national enforcement bodies;
Amendment 55 #
2020/2018(INL)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 62 #
2020/2018(INL)
5a. Stresses the need of the enforcement of existing measures to limit the data collected by content hosting platforms, based on inter alia interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements;
Amendment 63 #
2020/2018(INL)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Insists that the regulation must prohibit content moderation practices that are discriminatory;
Amendment 64 #
2020/2018(INL)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 4 #
2020/2016(INI)
Draft opinion
Recital A
Recital A
A. whereas the right to fair trial is a fundamental right which also applies to enforcement of the law, enshrined in the Charter of Fundamental Rights of the European Union, which also applies through the entire criminal proceedings, including in law enforcement;
Amendment 20 #
2020/2016(INI)
Draft opinion
Recital B
Recital B
B. whereas technologies such as artificial intelligence (AI) and related technologies will contribute to the reducing of crime rates, the use of statistical data analytics in crime analysis and prevention, and the operation of criminal justice systemcould be used for prevention of crimes;
Amendment 24 #
2020/2016(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas these technologies can be used to create statistical anonymized databases that help authorities, academics and legislators to analyse figures and efficiently design policies to prevent criminality and to help offenders to successfully reintegrate into society;
Amendment 26 #
2020/2016(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
B b. whereas the legal framework of artificial intelligence and its application to criminal law should include legislative actions, where needed, starting with mandatory measures to prevent practices that would undoubtedly undermine fundamental rights and freedoms;
Amendment 32 #
2020/2016(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the strong importance of considering the ethical and operational implications related tof the use of AI and related technologies within criminal justice systems, which entail significant risks such as discrimination and breach of privacy; considers that a clear regulatory framework is necessary to draw the limits and provide the necessary safeguards;
Amendment 45 #
2020/2016(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of being able to access AI-produced or AI-assisted outputs for notification procedures and the role of AI and related technologies in criminal law enforcement and crime prevention; recalls, in this regard, the importance of questions related to governance, transparency and accountabilityabsence of biases, non- discrimination, human oversight, transparency and accountability of AI and related technologies;
Amendment 49 #
2020/2016(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 58 #
2020/2016(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the Commission to assess how to effectively incorporate theseRecalls that, in accordance with the current EU data protection rules and the Charter of Fundamental Rights of the EU, AI can only be used for remote biometric identification purposes where such use is duly justified, proportionate and subject to adequate safeguards; suggests that, in line with the precautionary principle, the application of such technologies should be avoided where their impact on society and the rights and freedoms of individuals is uncertain; urges the Commission to propose relevant solutions to the existing problems following the results of a thorough impact assessment;
Amendment 64 #
2020/2016(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly believes that decisions issued by AI or related technologies, especially in the areas of justice and law enforcement, that have a direct and significant impact on the rights and obligations of natural or legal persons, should be subject to strict human verification and due process;
Amendment 72 #
2020/2016(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it necessary to clarify whether law enforcement decisions can be delegated to AI and stresses the need to developthat AI and related technologies that can replace public authority decisions should be treated with the utmost precaution; stresses the need to develop strong ethical principles and codes of conduct for the design, deployment and use of AI and related technologies to help law enforcers and judicial authorities; refers to the ongoing work in the Committee on Legal Affairs.
Amendment 3 #
2020/2014(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making and the Better Regulations Guidelines,
Amendment 17 #
2020/2014(INL)
Motion for a resolution
Recital B
Recital B
B. whereas any future-orientated liability framework has to strike a balance between efficiently protecting potential victims of harm or damage and at the same time, providing enough leeway to make the development of new technologies, products or services possible; whereas ultimately, the goal of any liability framework should be to provide legal certainty for all parties, whether it be the producer, the deployer, the developer, the affected person or any other third party;
Amendment 23 #
2020/2014(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the notion of Artificial Intelligence(AI)-systems comprises a large group of different technologies, including simple statistics, machine learning and deep learning;
Amendment 27 #
2020/2014(INL)
E. whereas Artificial Intelligence (certain AI)-systems present significant legal challenges for the existing liability framework and could lead to situations, in which their opacity could make it extremely expensive or even impossible to identify who was in control of the risk associated with the AI-system or which code or input has ultimately caused the harmful operation;
Amendment 28 #
2020/2014(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the diversity of AI applications and the diverse range of risks the technology poses complicates finding a single solution suitable for the entire spectrum of risks; whereas, in this respect, an approach should be adopted in which experiments, pilots and regulatory sandboxes are used to come up with proportional and evidence-based solutions that address specific situations and sectors where needed;
Amendment 36 #
2020/2014(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the future regulatory framework needs to take into consideration all the interests at stake; whereas careful examination of the consequences of any new regulatory framework on all actors in an impact assessment should be a prerequisite for further legislative steps; whereas the crucial role of SMEs and start-ups especially in the European economy justifies a strictly proportionate approach to enable them to develop and innovate;
Amendment 38 #
2020/2014(INL)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas, on the other hand, the victims of damages caused by AI-systems need to have a right to redress and full compensation of the damages and the harms that they have suffered;
Amendment 59 #
2020/2014(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity, connectivity, opacity, vulnerability and autonomy of AI-systems, as well as the multitude of actors involved, nevertheless represent a significant challenge; considers that specific adjustments are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;
Amendment 65 #
2020/2014(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that all physical or virtual activities, devices or processes that are driven by AI-systems may technically be the direct or indirect cause of harm or damage, yet are always the result of someone building, deploying or interfering with the systems; notes in this respect that it is not necessary to give legal personality to AI-systems; is of the opinion that the opacity and autonomy of AI-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the AI-systems to specific human input or to decisions in the design; recalls that, in accordance with widely- accepted liability concepts, one is nevertheless able to circumvent this obstacle by making the persons who create, maintain or control the risk associated with the AI-system, accountable;
Amendment 69 #
2020/2014(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the Product Liability Directive (PLD) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence, notes that it should also be used with regard to civil liability claims against the producer of a defective AI-system, when the AI-system qualifies as a product under that Directive; if lLegislative adjustments to the PLD are necessary, and they should be discussed during a review of that Directive; is of the opinion that, for the purpose of legal certainty throughout the Union, the ‘backend operator’ should fall under the same liability rules as the producer, manufacturer and developer;
Amendment 78 #
2020/2014(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers it, therefore, appropriate for this report to focus on civil liability claims against the deployeoperator of an AI- system; affirms that the deployeoperator’s liability is justified by the fact that he or she is controlling athe risks associated with the AI- system, comparable to an owner of a car or pet; considers that due to the AI-system’s complexity and connectivity, the deployer will be in many cases the first visible contact point for the affected person;
Amendment 81 #
Amendment 87 #
2020/2014(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Opines that liability rules involving the deployeoperator should in principle cover all operations of AI-systems, no matter where the operation takes place and whether it happens physically or virtually; remarks that operations in public spaces that expose many third persons to a risk constitute, however, cases that require further consideration; considers that the potential victims of harm or damage are often not aware of the operation and regularly do not have contractual liability claims against the deployeoperator; notes that when harm or damage materialises, such third persons would then only have a fault-liability claim, and they might find it difficult to prove the fault of the deployeoperator of the AI-system;
Amendment 90 #
2020/2014(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers it appropriate to define the deployeoperator as the person who dexercidses on the use of the AI-system, who exercises control over the risk and who benefits from its operation; considers that exercising control means any action of the deployer that affects the manner of the operation from start to finish or thata degree of control over a risk connected with the operation and functioning of the AI-system and benefits from its operation; considers that exercising control means any action of the operator that influences the operation of the AI-system and thus the extent to which it exposes third parties to its potential risks; considers that these actions could impact the operation from start to finish by determining the input, output or results, or changes specific functions or processes within the AI- system;
Amendment 94 #
2020/2014(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that there could be situations in which there is more than one deployeoperator, for example a backend and frontend operator; considers that in that event, all deployeoperators should be jointly and severally liable while having the right to recourse proportionally against each other, reflecting the level of control each party has over the materialized risk;
Amendment 104 #
2020/2014(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the type of AI- system the deployeoperator is exercising control over is a determining factor; notes that an AI-system that entails a high risk potentially endangers the general public to a much higher degree; considers that, based on the legal challenges that AI-systems pose to the existing liability regimes, it seems reasonable to set up a strict liability regime for those high-risk AI-systems;
Amendment 108 #
2020/2014(INL)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that an AI-system presents a high risk when its autonomous operation involves a significant potential to cause harm to one or more persons, in a manner that is random and impossible to predict in advancgoes beyond what can reasonably be expected from its intended use; considers that the significance of the potential depends on the interplay between the severity of possible harm, the likelihood that the risk materializes and the manner in which the AI-system is being used;
Amendment 116 #
2020/2014(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that all high-risk AI- systems be listed in an Annex to the proposed Regulation; recognises that, given the rapid technological changedevelopments and the required technical expertise, it should be up to the Commission to review that Annex every six months and if necessary, amend it through a delegated act; believes that the Commission should closely cooperate withbe informed by a newly formed standing committee similar to the existing Standing Committee on Precursors or the Technical Committee on Motor Vehicles, which include national experts of the Member States and stakeholders; considers that the balanced membership of the ‘High-Level Expert Group on Artificial Intelligence’ could serve as an example for the formation of the group of stakeholders;
Amendment 122 #
2020/2014(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that in line with strict liability systems of the Member States, the proposed Regulation should only cover harm to the important legally protected rights such as life, health, physical integrity and, property and significant immaterial harm resulting in economic loss, and should set out the amounts and extent of compensation as well as the limitation period;
Amendment 128 #
2020/2014(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Determines that all activities, devices or processes driven by AI-systems that cause harm or damage but are not listed in the Annex to the proposed Regulation should remain subject to fault- based liability; believes that the affected person should nevertheless benefit from a presumption of fault of the deployeoperator;
Amendment 138 #
2020/2014(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is of the opinion that, based on the significant potential to cause harm and by taking Directive 2009/103/EC7 into account, all deployeoperators of high-risk AI- systems listed in the Annex to the proposed Regulation should hold liability insurance; considers that such a mandatory insurance regime for high-risk AI-systems should cover the amounts and the extent of compensation laid down by the proposed Regulation; _________________ 7 OJ L 263, 7.10.2009, p. 11.
Amendment 140 #
2020/2014(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that a European compensation mechanism, funded with public money, is not the right way to fill potential insurance gaps; considers that bearing the good experience with regulatory sandboxes in the fintech sector in mind, it should be up to the insurance market to adjust existing products or create new insurance cover for the numerous sectors and various different technologies, producta lack of data of the risks associated with AI-systems make it difficult for the insurance sector to come up with adapted or new insurance products; considers that leaving the development of a mandatory insurance entirely to the market is likely to result in a one size fits all approach with disproportionate high prices and the wrong incentives, stimulating operators to opt for the cheapest insurance rather than for the best coverage; considers that the Commission should work closely with the insurance sector to see how data and innovative models cand services that involve AI-systems; be used to create the insurances that offer adequate coverage for an affordable price.
Amendment 148 #
2020/2014(INL)
Motion for a resolution
Annex I – part A – paragraph 1 – indent 2
Annex I – part A – paragraph 1 – indent 2
- New legal challenges posed by the deployment of Artificial Intelligence (AI)- systems have to be addressed by establishing maximal legal certainty for the producer, the deployeoperator, the affected person and any other third party.
Amendment 166 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 1
Annex I – part B – recital 1
(2) Especially at the beginning of the life cycle of new products and services, there is a certain degree of risk for the user as well as for third persons that something does not function properly. This process of trial-and-error is at the same time a key enabler of technical progress without which most of our technologies would not exist. So far, the accompanying risks of new products and services have been properly mitigated by strong product safety legislation and liability rulesthey need to continue to be properly implemented and reviewed where necessary.
Amendment 171 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 3
Annex I – part B – recital 3
(3) The rise of Artificial intelligence (AI) however presents a significant challenge for the existing liability frameworks. Using AI-systems in our daily life will lead to situations in which their opacity (“black box” element) and the multitude of actors who intervene in their life-cycle makes it extremely expensive or even impossible to identify who was in control of the risk of using the AI-system in question or which code or input has caused the harmful operation. This difficulty is even compounded by the connectivity between an AI-system and other AI-systems and non-AI-systems, by its dependency on external data, by its vulnerability to cybersecurity breaches as well as by the increasing autonomy of AI- systems triggered by machine-learning and deep- learning capabilities. Besides these complex features and potential vulnerabilities, AI-systems could also be used to cause severe harm, such as compromising our values and freedoms by tracking individuals against their will, by introducing Social Credit Systems or by constructing lethal autonomous weapon systems.
Amendment 177 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 4 a (new)
Annex I – part B – recital 4 a (new)
(4a) An adequate liability regime is also necessary to counterweight the breach of safety rules. However, the envisaged liability needs to take into consideration all interests at stake. A careful examination of the consequences of any new regulatory framework on small and medium-sized enterprises (SMEs) and start-ups is a prerequisite for further legislative steps. The crucial role that they play in the European economy justifies a strictly proportionate approach in order to enable them to develop and innovate. On the other hand, the victims of damages caused by AI-systems need to have a right to redress and full compensation of the damages and the harms that they have suffered.
Amendment 184 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 5
Annex I – part B – recital 5
(5) Any discussion about required changes in the existing legal framework should start with the clarification that AI- systems have neither legal personality nor human conscience, and that their sole task is to serve humanity. Many AI-systems are also not so different from other technologies, which are sometimes based on even more complex software. Ultimately, the large majority of AI- systems are used for handling trivial tasks without any risks for the society. There are however also AI-systems that are developed and deployed in a critical manner and are based on neuronal networks and deep-learning processes. Their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. A deployen operator of such an AI-system might for instance argue that the physical or virtual activity, device or process causing the harm or damage was outside of his or her control because it was caused by an autonomous operation of his or her AI- system. The mere operation of an autonomous AI-system should at the same time not be a sufficient ground for admitting the liability claim. As a result, there might be liability cases in which a person who suffers harm or damage caused by an AI-system cannot prove the fault of the producer, of an interfering third party or of the deployeoperator and ends up without compensation.
Amendment 188 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) Nevertheless, it should always be clear that whoever creates, maintains, controls or interferes with the AI-system, should be accountable for the harm or damage that the activity, device or process causes. This follows from general and widely accepted liability concepts of justice according to which the person that creates a risk for the public is accountable if that risk materializes. Consequently, the rise of AI-systems does not pose a need for a complete revision of liability rules throughout the Union. Specific adjustments of the existing legislation and very fewwell- assessed and targeted new provisions would be sufficient to accommodate the AI-related challenges.
Amendment 193 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 7
Annex I – part B – recital 7
(7) Council Directive 85/374/EEC3 (the Product Liability Directive) has proven to be an effective means of getting compensation for damage triggered by a defective product. Hence, it should also be used with regard to civil liability claims of a party who suffers harm or damage against the producer of a defective AI- system. In line with the better regulation principles of the Union, any necessary legislative adjustments should be discussed during athe review of that Directive. The existing fault-based liability law of the Member States also offers in most cases a sufficient level of protection for persons that suffer harm or damages caused by an interfering third person, as that interference regularly constitutes a fault-based action. Consequently, this Regulation should focus on claims against the deployeoperator of an AI- system. _________________ 3 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29.
Amendment 196 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 8
Annex I – part B – recital 8
(8) The liability of the deployeoperator under this Regulation is based on the fact that he or she exercises a degree of controls over a risk byconnected to the operatingon of an AI- system. C, which is comparable to that of an owner of a car or pet, the deployer is able to exercise a certain level of control over the risk that the item poses. Exercising control thereby should be understood as meaning any action of the deployer that affects the manner of the operation from start to finish or thatoperator that influences the operation of the AI-system and thus the extent to which it exposes third parties to its potential risks. These actions could impact the operation from start to finish by determining the input, output or results, or changes specific functions or processes within the AI-system.;
Amendment 198 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 8 a (new)
Annex I – part B – recital 8 a (new)
(8a) The more sophisticated and more autonomous a system is, defining and influencing the algorithms, for example by continuous updates, could have a greater impact than just starting the system. As there is often more than one person who could, in a meaningful way, be considered as ‘operating’ the technology, both the backend provider and the frontend operator can be qualified as the ‘operator’ of the AI- system, depending on the degree of the exercised control.
Amendment 199 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 8 b (new)
Annex I – part B – recital 8 b (new)
(8b) Although in general, the frontend operator appears as the person who ‘primarily’ decides on the use of the AI- system, the backend provider, who on a continuous basis, defines the features of the technology and provides data and essential backend support service, could, for example, also have a high degree of control over the operational risks.
Amendment 200 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 8 c (new)
Annex I – part B – recital 8 c (new)
(8c) When there is more than one operator, the strict liability should lie with the one who exercises the highest degree of control over the risks posed by the harmful operation.
Amendment 203 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
(9) If a user, namely the person that utilises the AI-system, is involved in the harmful event, he or she should only be liable under this Regulation if the user also qualifies as a deployer. This Regulation should not considern operator. For the purpose of legal certainty throughout the Union, if the backend operator, who is the person continuously defining the features of the relevant technology and providing essential and ongoing backend support, to be a deployer and thus, its provisionsroducer or the manufacturer within the meaning of Article 3 of the Product Liability Directive, that Directive should not apply to him or her. ForIf the purpose of legal certainty throughout the Union, the backend operator should fall under the same liability rules as the producer, manufacturer and developerre is only one operator, who is also the producer, this Regulation should prevail.
Amendment 207 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) This Regulation should cover in principle all AI-systems, no matter where they are operating and whether the operations take place physically or virtually. The majority of liability claims under this Regulation should however address cases of third party liability, where an AI-system operates in a public space and exposes many third persons to a risk. In that situation, the affected persons will often not be aware of the operating AI- system and will not have any contractual or legal relationship towards the deployeoperator. Consequently, the operation of the AI- system puts them into a situation in which, in the event of harm or damage being caused, they only have fault-based liability claims against the deployeoperator of the AI- system, while facing severe difficulties to prove fault on the part of the deployeoperator.
Amendment 211 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 11
Annex I – part B – recital 11
(11) The type of AI-system the deployeoperator is exercising control over is a determining factor. An AI-system that entails a high risk potentially endangers the public to a much higher degree and in a manner that is random and impossible to predict in advancgoes beyond what can reasonably be expected from its intended use. This means that at the start of the autonomous operation of the AI-system, the majority of the potentially affected persons are unknown and not identifiable (e.g. persons on a public square or in a neighbouring house), compared to the operation of an AI-system that involves specific persons, who have regularly consented to its deployment before (e.g. surgery in a hospital or sales demonstration in a small shop). Determining how significant the potential to cause harm or damage by a high-risk AI-system ishould dependent on the interplay between the manner in which the AI-system is being used, the severity of the potential harm or damage and the likelihood that the risk materialises. The degree of severity should be determined based on the extent of the potential harm resulting from the operation, the number of affected persons, the total value for the potential damage as well as the harm to society as a whole. The likelihood should be determined based on the role of the algorithmic calculations in the decision-making process, the complexity of the decision and the reversibility of the effects. Ultimately, the manner of usage should depend, among other things, on the sector in which the AI- system operates, if it could have legal or factual effects on important legally protected rights of the affected person, and whether the effects can reasonably be avoided.
Amendment 217 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 12
Annex I – part B – recital 12
(12) All AI-systems with a high risk should be listed in an Annex to this Regulation. Given the rapid technical and market developments as well as the technical expertise which is required for an adequate review of AI-systems, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation in respect of the types of AI-systems that pose a high risk and the critical sectors where they are used. Based on the definitions and provisions laid down in this Regulation, the Commission should review the Annex every six months and, if necessary, amend it by means of delegated acts. To give businesses enough planning and investment security, changes to the critical sectors should only be made every 12twelve months. DevelopeOperators are called upon to notify the Commission if they are currently working on a new technology, product or service that falls under one of the existing critical sectors provided for in the Annex and which later could qualify for a high risk AI-system.
Amendment 223 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) In line with strict liability systems of the Member States, tThis Regulation should cover only harm or damage to life, health, physical integrity and, property. For the same reason, it and significant immaterial damage. For immaterial damage to be considered significant, the person must have suffered noticeable disadvantage and it had to be an objectively comprehensible impairment of personal interests with a substantial economic loss. The Regulation should also determine the amount and extent of compensation, as well as the limitation period for bringing forward liability claims. In contrast to the Product Liability Directive, this Regulation should set out a significantly lower ceiling for compensation, as it only refers to the damage of a single person resulting from a single operation of an AI-system, while the former refers to a number of products or even a product line with the same defect.
Amendment 229 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 15
Annex I – part B – recital 15
(15) All physical or virtual activities, devices or processes driven by AI-systems that are not listed as a high-risk AI-system in the Annex to this Regulation should remain subject to fault-based liability. The national laws of the Member States, including any relevant jurisprudence, with regard to the amount and extent of compensation as well as the limitation period should continue to apply. A person who suffers harm or damage caused by an AI-system should however benefit from the presumption of fault of the deployeoperator.
Amendment 232 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 16
Annex I – part B – recital 16
(16) The diligence which can be expected from a deployen operator should be commensurate with (i) the nature of the AI system, (ii) the legally protected right potentially affected, (iii) the potential harm or damage the AI-system could cause and (iv) the likelihood of such damage. Thereby, it should be taken into account that the deployeoperator might have limited knowledge of the algorithms and data used in the AI-system. It should be presumed that the deployeoperator has observed due care in selecting a suitable AI-system, if the deployeoperator has selected an AI-system which has been certified under [the voluntary certification scheme envisaged on p. 24 of COM(2020) 65 final]. It should be presumed that the deployeoperator has observed due care during the operation of the AI- system, if the deployeoperator can prove to have actually and regularly monitored the AI- system during its operation and to have notified the manufacturer about potential irregularities during the operation. It should be presumed that the deployeoperator has observed due care as regards maintaining the operational reliability, if the deployeoperator installed all available updates provided by the producer of the AI-system.
Amendment 233 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 17
Annex I – part B – recital 17
(17) In order to enable the deployeoperator to prove that he or she was not at fault, or the affected person to prove the existence of fault, the producers should have the duty to collaborate with the deployerboth parties concerned. European as well as non-European producers should furthermore have the obligation to designate an AI-liability- representative within the Union as a contact point for replying to all requests from deployeoperators, taking similar provisions set out in Article 37 GDPR (data protection officers), Articles 3(41) and 13(4) of Regulation 2018/858 of the European Parliament and of the Council5 and Articles 4(2) and 5 of Regulation 2019/1020 of the European Parliament and of the Council6 (manufacturer's representative) into account. _________________ 5 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1). 6Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
Amendment 238 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 18
Annex I – part B – recital 18
(18) The legislator has to consider the liability risks connected to AI-systems during their whole lifecycle, from development to usage to end of life. The inclusion of AI-systems in a product or service represents a financial risk for businesses and consequently will have a heavy impact on the ability and options for small and medium-sized enterprises (SME)s as well as for start-ups in relation to insuring and financing their projects based on new technologies. The purpose of liability is, therefore, not only to safeguard important legally protected rights of individuals but also a factor which determines whether businesses, especially SMEs and start-ups, are able to raise capital, innovate and ultimately offer new products and services, as well as whether the customers are willing to use such products and services despite the potential risks and legal claims being brought against them.
Amendment 247 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 20
Annex I – part B – recital 20
(20) Despite missing historical claim data, tBecause historical claim data is missing, it should be investigated how and under which conditions liability is insurable. There are already insurance products that are developed area-by-area and cover- by-cover as technology develops. Many insurers specialise in certain market segments (e.g. SMEs) or in providing cover for certain product types (e.g. electrical goods), which means that there will usually be an insurance product available for the insured. If a new type of insurance is needed, the insurance market will develop and offer a fitting solution and thus, willHowever, a “one size fits all” solution is difficult to envisage and the insurance market will need time to adapt. The Commission should work closely with the insurance market to develop innovative insurance products that could close the insurance gap. In exceptional cases, in which the compensation significantly exceeds the maximum amounts set out in this Regulation, Member States should be encouraged to set up a special compensation fund for a limited period of time that addresses the specific needs of those cases.
Amendment 252 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) It is of utmost importance that any future changes to this text go hand in hand with athe necessary review of the PLD. The introduction of a new liability regime for the deployeoperator of AI-systems requires that the provisions of this Regulation and the review of the PLD should be closely coordinated in terms of substance as well as approach so that they together constitute a consistent liability framework for AI- systems, balancing the interests of producer, deployeoperator and the affected person, as regards the liability risk. Adapting and streamlining the definitions of AI-system, deployeoperator, producer, developer, defect, product and service throughout all pieces of legislation is therefore necessary and should be envisaged in parallel.
Amendment 257 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 1 – paragraph 1
Annex I – part B – Article 1 – paragraph 1
This Regulation sets out rules for the civil liability claims of natural and legal persons against the deployeoperator of AI-systems.
Amendment 260 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
1. This Regulation applies on the territory of the Union where a physical or virtual activity, device or process driven by an AI-system has caused harm or damage to the life, health, physical integrity or the property ofand property of a natural or legal person or has caused significant immaterial damage to a natural or legal person.
Amendment 265 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 2
Annex I – part B – Article 2 – paragraph 2
2. Any agreement between a deployen operator of an AI-system and a natural or legal person who suffers harm or damage because of the AI-system, which circumvents or limits the rights and obligations set out in this Regulation, whether concluded before or after the harm or damage has been caused, shall be deemed null and void.
Amendment 269 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 3
Annex I – part B – Article 2 – paragraph 3
3. This Regulation is without prejudice to any additional liability claims resulting from contractual relationships between the deployeoperator and the natural or legal person who suffered harm or damage because of the AI-system.
Amendment 272 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point a
Annex I – part B – Article 3 – point a
(a) ‘AI-system’ means a system that displays intelligent behaviour by analysing certain inputheir environment and taking action, with some degree of autonomy, to achieve specific goals. AI-systems can be purely software- based, acting in the virtual world, or can be embedded in hardware devices;
Amendment 277 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point c
Annex I – part B – Article 3 – point c
(c) ‘high risk’ means a significant potential in an autonomously operating AI- system to cause harm or damage to one or more persons in a manner that is random and impossible to predict in advancgoes beyond what can reasonably be expected from its intended use; the significance of the potential depends on the interplay between the severity of possible harm or damage, the likelihood that the risk materializes and the manner in which the AI-system is being used;
Amendment 282 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point d
Annex I – part B – Article 3 – point d
(d) ‘deployeoperator’ means the person who decides on the use of the AI-system, exercises control over the associated risk and benefits from its operation;
Amendment 284 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point d a (new)
Annex I – part B – Article 3 – point d a (new)
(da) 'control' means influence on the use and operation of the AI-system from start to finish and thus the extent to which it exposes third parties to its potential risks;
Amendment 287 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point e
Annex I – part B – Article 3 – point e
(e) ‘affected person’ means any person who suffers harm or damage caused by a physical or virtual activity, device or process driven by an AI-system, and who is not its deployeoperator;
Amendment 290 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point f
Annex I – part B – Article 3 – point f
(f) ‘harm or damage’ means an adverse impact affecting the life, health, physical integrity or, property of a natural or legal person, with the exception of non-or causing significant immaterial harm;damage.
Amendment 294 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 3 – point g
Annex I – part B – Article 3 – point g
(g) ‘producer’ means the developer or the backend operator of an AI-system, or the producer as defined in Article 3 of Council Directive 85/374/EEC7 . _________________ 7 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29.
Amendment 302 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1
Annex I – part B – Article 4 – paragraph 1
1. The deployeoperator of a high-risk AI- system shall be strictly liable for any harm or damage that was caused by a physical or virtual activity, device or process driven by that AI-system.
Amendment 322 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 3
Annex I – part B – Article 4 – paragraph 3
3. The deployeoperator of a high-risk AI- system shall not be able to exonerate himself or herself by arguing that he or she acted with due diligence or that the harm or damage was caused by an autonomous activity, device or process driven by his or her AI-system. The deployeoperator shall not be held liable if the harm or damage was caused by force majeure.
Amendment 329 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 4
Annex I – part B – Article 4 – paragraph 4
4. The deployeoperator of a high-risk AI- system shall ensure they have liability insurance cover that is adequate in relation to the amounts and extent of compensation provided for in Article 5 and 6 of this Regulation. If compulsory insurance regimes already in force pursuant to other Union or national law are considered to cover the operation of the AI-system, the obligation to take out insurance for the AI- system pursuant to this Regulation shall be deemed fulfilled, as long as the relevant existing compulsory insurance covers the amounts and the extent of compensation provided for in Articles 5 and 6 of this Regulation.
Amendment 339 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – introductory part
Annex I – part B – Article 5 – paragraph 1 – introductory part
1. A deployeoperator of a high-risk AI- system that has been held liable for harm or damage under this Regulation shall compensate:
Amendment 345 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point a
Annex I – part B – Article 5 – paragraph 1 – point a
(a) up to a maximum total amount of EUR tenwo million in the event of death or of harm caused to the health or physical integrity of one or several persons as the result of the samingle operation of the sama single high-risk AI- system;
Amendment 350 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point b
Annex I – part B – Article 5 – paragraph 1 – point b
(b) up to a maximum total amount of EUR twoone million in the event of damage caused to property, including when several items of property of one or several persons were damaged as a result of the sama single operation of the sama single high-risk AI-system, or significant immaterial damage; where the affected person also holds a contractual liability claim against the deployeoperator, no compensation shall be paid under this Regulation if the total amount of the damage to property is of a value that falls below EUR 500.
Amendment 356 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point 2
Annex I – part B – Article 5 – paragraph 1 – point 2
Amendment 359 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 1 – introductory part
Annex I – part B – Article 6 – paragraph 1 – introductory part
1. Within the amount set out in Article 5(1)(a), compensation to be paid by the deployeoperator held liable in the event of physical harm followed by the death of the affected person, shall be calculated based on the costs of medical treatment that the affected person underwent prior to his or her death, and of the pecuniary prejudice sustained prior to death caused by the cessation or reduction of the earning capacity or the increase in his or her needs for the duration of the harm prior to death. The deployeoperator held liable shall furthermore reimburse the funeral costs for the deceased affected person to the party who is responsible for defraying those expenses.
Amendment 361 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 1 – paragraph 1
Annex I – part B – Article 6 – paragraph 1 – paragraph 1
If at the time of the incident that caused the harm leading to his or her death, the affected person was in a relationship with a third party and had a legal obligation to support that third party, the deployeoperator held liable shall indemnify the third party by paying maintenance to the extent to which the affected person would have been obliged to pay, for the period corresponding to an average life expectancy for a person of his or her age and general description. The deployeoperator shall also indemnify the third party if, at the time of the incident that caused the death, the third party had been conceived but had not yet been born.
Amendment 365 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 2
Annex I – part B – Article 6 – paragraph 2
2. Within the amount set out in Article 5(1)(b), compensation to be paid by the deployeoperator held liable in the event of harm to the health or the physical integrity of the affected person shall include the reimbursement of the costs of the related medical treatment as well as the payment for any pecuniary prejudice sustained by the affected person, as a result of the temporary suspension, reduction or permanent cessation of his or her earning capacity or the consequent, medically certified increase in his or her needs.
Amendment 369 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – introductory part
Annex I – part B – Article 7 – paragraph 2 – introductory part
2. Civil liability claims, brought in accordance with Article 4(1), concerning damage to property or significant immaterial damage shall be subject to a special limitation period of:
Amendment 374 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – point b
Annex I – part B – Article 7 – paragraph 2 – point b
(b) 30 years from the date on which the operation of the high-risk AI-system that subsequently caused the property or significant immaterial damage took place.
Amendment 382 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1
Annex I – part B – Article 8 – paragraph 1
1. The deployeoperator of an AI-system that is not defined as a high-risk AI-system, in accordance to Article 3(c)4 and, as a result is not listed in the Annex to this Regulation, shall be subject to fault-based liability for any harm or damage that was caused by a physical or virtual activity, device or process driven by the AI-system.
Amendment 385 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2 – introductory part
Annex I – part B – Article 8 – paragraph 2 – introductory part
2. The deployeoperator shall not be liable if he or she can prove that the harm or damage was caused without his or her fault, relying on either of the following grounds’:
Amendment 389 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2 – point b
Annex I – part B – Article 8 – paragraph 2 – point b
(b) due diligence was strictly observed by selecting a suitable AI-system for the right task and skills, putting the AI-system duly into operation, monitoring the activities and maintaining the operational reliability by regularly installing all available updates.
Amendment 393 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2 – subparagraph 2
Annex I – part B – Article 8 – paragraph 2 – subparagraph 2
The deployeoperator shall not be able to escape liability by arguing that the harm or damage was caused by an autonomous activity, device or process driven by his or her AI-system. The deployeoperator shall not be liable if the harm or damage was caused by force majeure.
Amendment 396 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 3
Annex I – part B – Article 8 – paragraph 3
3. Where the harm or damage was caused by a third party that interfered with the AI-system by modifying its functioning, the deployeoperator shall nonetheless be liable for the payment of compensation if such third party is untraceable or impecunious.
Amendment 399 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 4
Annex I – part B – Article 8 – paragraph 4
4. At the request of the deployeroperator or the affected person, the producer of an AI- system shall have the duty of collaborating with the deployerm to the extent warranted by the significance of the claim in order to allow for the ideployer to prove that he or she acted without faultntification of the liabilities.
Amendment 404 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
Annex I – part B – Article 10 – paragraph 1
1. If the harm or damage is caused both by a physical or virtual activity, device or process driven by an AI-system and by the actions of an affected person or of any person for whom the affected person is responsible, the deployeoperator’s extent of liability under this Regulation shall be reduced accordingly. The deployeoperator shall not be liable if the affected person or the person for whom he or she is responsible is solely or predominantly accountable for the harm or damage caused.
Amendment 407 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2
Annex I – part B – Article 10 – paragraph 2
2. A deployen operator held liable and the affected person may use the data generated by the AI-system to prove contributory negligence on the part of the affected person, without prejudice to Regulation (EU) 2016/679.
Amendment 410 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 1
Annex I – part B – Article 11 – paragraph 1
If there is more than one deployeoperator of an AI- system, they shall be jointly and severally liable. If any of the deployeoperators is also the producer of the AI-system, this Regulation shall prevail over the Product Liability Directive.
Amendment 412 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
1. The deployeoperator shall not be entitled to pursue a recourse action unless the affected person, who is entitled to receive compensation under this Regulation, has been paid in full.
Amendment 416 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 2
Annex I – part B – Article 12 – paragraph 2
2. In the event that the deployeoperator is held jointly and severally liable with other deployeoperators in respect of an affected person and has fully compensated that affected person, in accordance with Article 4(1) or 8(1), that deployeoperator may recover part of the compensation from the other deployers, in proportion to his or her liability. DeployeOperators, that are jointly and severally liable, shall be obliged in equal proportions in relation to one another, unless otherwise determined. If the contribution attributable to a jointly and severally liable deployer cannot be obtained from him or her, the shortfall shall be borne by the other deployeoperators. To the extent that a jointly and severally liable deployeoperator compensates the affected person and demands adjustment of advancements from the other liable deployeoperators, the claim of the affected person against the other deployersoperator shall be subrogated to him or her. The subrogation of claims shall not be asserted to the disadvantage of the original claim.
Amendment 419 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 3
Annex I – part B – Article 12 – paragraph 3
3. In the event that the deployeoperator of a defective AI-system fully indemnifies the affected person for harm or damages in accordance with Article 4(1) or 8(1), he or she may take action for redress against the producer of the defective AI-system according to Directive 85/374/EEC and to national provisions concerning liability for defective products.
Amendment 422 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 4
Annex I – part B – Article 12 – paragraph 4
4. In the event that the insurer of the deployeoperator indemnifies the affected person for harm or damage in accordance with Article 4(1) or 8(1), any civil liability claim of the affected person against another person for the same damage shall be subrogated to the insurer of the deployeoperator to the amount the insurer of the deployeoperator has compensated the affected person.
Amendment 425 #
2020/2014(INL)
Motion for a resolution
Annex I – part B – Article 14 – subparagraph 1
Annex I – part B – Article 14 – subparagraph 1
By 1 January 202X [53 years after the date of application of this Regulation], and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing this Regulation in the light of the further development of Artificial Intelligence.
Amendment 1 #
2020/2013(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to Article 218 of the TFEU;
Amendment 8 #
2020/2013(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the respect for human rights, in particular respect for human dignity, as enshrined in the Charter of Fundamental Rights of the European Union, should guide any action at European, international or national level within this field;
Amendment 28 #
2020/2013(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 31 #
2020/2013(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. ‘Artificial intelligence’ means a system that is either software-based or embedded in hardware devices, and that displays behaviour simulating intelligence by, inter alia, collecting and processing data, analysing and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals;
Amendment 33 #
2020/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. CoInsidersts that all military uses of AI must be subject to a meaningful human control, so that, in particular, a human has the opportunity to correct or halt them at any time, and to disable them in the event of unforeseen behaviour;
Amendment 77 #
2020/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Suggests thatWelcomes the fact that the use, the development or the production of lethal autonomous weapons without meaningful human control is not eligible for funding under the EDF; remind the companies whose projects it finances and the States concerned that its funding does not absolve them of the responsibility to pay scrupulous attention to ensuring that any future military uses of the AI involved in these projects comply with the principles set out in the Charter of fundamental rights of the European Union and paragraphs 2 to 13 of this report;
Amendment 88 #
2020/2013(INI)
Motion for a resolution
Subheading 4
Subheading 4
State authority: examples from thecivil areas of health and justice
Amendment 92 #
2020/2013(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that Member States must ensure that the possession of highly sophisticated AI technologies by powerful private groups does not result in the authority of the state being challenged, let alone usurped, by a private authority;
Amendment 96 #
2020/2013(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers, in this respect, that Member States should ensure effective human oversight when employing any type of AI systems which can result in biased State authority decisions and affect negatively citizens rights;
Amendment 97 #
2020/2013(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Calls, therefore, on the Commission, the Council and on the Member States to pay particular attention when negotiating, concluding and ratifying international agreements related to cross-border family cases, such as international child abductions, and to ensure that AI systems are always used under effective human verification and respect due process within the EU and within the countries which are signatories of these agreements;
Amendment 104 #
2020/2013(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that persons who have been the subject of a decision taken by a public authority based solely or largely on the output from an AI system should be informed thereof and, should receive the information referred to in the preceding paragraph without delay and be offered the possibility of contesting that decision;
Amendment 116 #
2020/2013(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that AI is increasingly being used in the field of justice, to enablehelp judges to take decisions which are more rational and more in keeping with the law in force and to do so more quickly; insists, however, that the final decision must always lie with a human and be subject to strict human verification and due process;
Amendment 131 #
2020/2013(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that the circulation of autonomous vehicles in the European areaUnion, which is liable to give rise to a particularly high number of disputes under international private law, must be the subject of specific European rules stipulating the legal regime applicable in the event of transboundary damage;
Amendment 132 #
2020/2013(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Stresses that the EU should play a key role in the international efforts to regulate AI and should aim to act as a norm-setter for AI in a hyper-connected world by adopting an efficient strategy towards its external partners, fostering its efforts to set global ethical norms for AI at international level, be it for civil or military uses, in line with safety rules and consumer protection requirements, as well as with European values and fundamental rights;
Amendment 134 #
2020/2013(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls that AI is a scientific advance which must not undermine the law, but must on the contrary always be governed by it — in the European Union by the law emanating from its institutions and its Member States — and that under no circumstances must the power of algorithms lead to fundamental rights democracy and the rule of law being flouted, a principle which has guided the drafting of this report;
Amendment 10 #
2020/2012(INL)
Motion for a resolution
Recital A
Recital A
A. whereas artificial intelligence, robotics and related technologies with the potential to directly impact all aspects of our societies, including basic social and economic principles and values,generate opportunities for business and citizens while directly impact all aspects of our societies are being developed very quickly;
Amendment 12 #
2020/2012(INL)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas artificial intelligence, robotics and related technologies can make a huge contribution to reaching our common goal of improving the lives of citizens and fostering prosperity within the EU;
Amendment 13 #
2020/2012(INL)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A. whereas, in areas such as health, agriculture, energy, transport, climate and various industrial processes artificial intelligence, robotics and related technologies can contribute to the development of better strategies and innovations;
Amendment 14 #
2020/2012(INL)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the development of artificial intelligence, robotics and related technologies is also a condition to reach the sustainability goals of the European Green Deal in many different sectors; whereas digital technologies can boost the impact of policies in delivering environmental protection;
Amendment 18 #
2020/2012(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas a European operational framework is of key importance in avoiding the fragmentation of the Single Market, resulting from differing national legislations; whereas, an action at European level will help fostering much needed investment, data infrastructure, research and common ethical norms; whereas this framework should be established according to the better regulation principle;
Amendment 19 #
2020/2012(INL)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas such a framework should include legislative actions, where needed, including mandatory measures to prevent practices that would undoubtedly undermine fundamental rights and freedoms as defined in the Charter of Fundamental Rights of the European Union;
Amendment 21 #
2020/2012(INL)
Motion for a resolution
Recital C
Recital C
C. whereas a common European framework forshould ensure the development, the deployment and the use of artificial intelligence, robotics and related technologies within the Union shoultrustworthy, ethical and technically robust artificial intelligence, based on Union’s laws and values and guided boy the protect citizens from their potential risks and promote the trustworthiness of such technologies in the worldinciples of transparency and explainability, fairness, accountability and responsibility;
Amendment 35 #
2020/2012(INL)
Motion for a resolution
Recital F
Recital F
F. whereas for the scope of that framework toshould be adequate, proportionate and thoroughly assessed; whereas while it should cover a wide range of technologies and their components, including algorithms, software and data used or produced by them, a targeted approach based on the concept of high risk is necessary to avoid hampering future innovations;
Amendment 39 #
2020/2012(INL)
Motion for a resolution
Recital G
Recital G
G. whereas that framework should encompass all situations requiring due consideration of the Union’s principles and values, namelymake sure that the development, the deployment and the use of the relevant technologies and their components are fully compliant with the Union’s principles and values;
Amendment 44 #
2020/2012(INL)
Motion for a resolution
Recital I
Recital I
I. whereas action at Union level is justified by the need for a homogenous application of common ethical principles when developing, deploying and using artificial intelligence, robotics and related technologies; whereas clear rules are needed where major risks are at stake;
Amendment 47 #
2020/2012(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the European Union needs to recognise, harness and promote the benefits of artificial intelligence, robotics and related technologies for the society, while democratically deciding on the limitations to be laid down and safeguards to be provided to ensure the development, deployment and use of ethically embedded technologies that respect the Charter of Fundamental Rights of the European Union;
Amendment 52 #
2020/2012(INL)
Motion for a resolution
Recital K
Recital K
K. whereas each Member State should destablishignate a national supervisory authority responsible for ensuring, assessing and monitoring complianceassessing the compliance of high-risk technologies with the ethical framework, and for enabling discussion and exchange of points of view in close cooperation with the concerned stakeholders and the civil society;
Amendment 63 #
2020/2012(INL)
Motion for a resolution
Recital L
Recital L
L. whereas Parliament continues to call for the establishment of a European Agency tothe idea of entrusting an existing European body with the task of ensureing a harmonised approach across the Union and addresshould be assessed as regards the new opportunities and challenges, in particular those of a cross-border nature, arising from ongoing technological developments.
Amendment 67 #
2020/2012(INL)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Believes that any legislative action, in particular, related to new technologies should be in line with the principles of necessity and proportionality; points out, in this respect, that the ethical framework considered in this report should be applicable to high-risk artificial intelligence, robotics and related technologies;
Amendment 68 #
2020/2012(INL)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Considers that such an approach will allow companies to introduce innovative products into the market and create new opportunities while ensuring the protection of the European values;
Amendment 69 #
2020/2012(INL)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Considers that artificial intelligence, robotics and related technologies should be considered« high risk technologies » when they are used in sectors, where given the characteristics of the activities typically undertaken, and are used in such a manner that significant risks can be expected to occur from the viewpoint of safety and fundamental rights and freedoms;
Amendment 70 #
2020/2012(INL)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Asks the Commission to establish an exhaustive list of the technologies fulfilling these criteria in the form of annex to the Regulation on ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies; considers that the Commission should review the exhaustive list, if necessary, every six months by means of a delegated act to add new high- risk technologies or delete existing ones if they do not fulfil the criteria anymore; recalls that any changes to the annex should be thoroughly assessed and justified;
Amendment 73 #
2020/2012(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Declares that the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including but not exclusively by human beings, should always respect human agency and oversight, as well as allow the retrieval of human control at any time;
Amendment 80 #
2020/2012(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 96 #
2020/2012(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Maintains that artificial intelligence, robotics and relatedhigh-risk technologies, including the software, algorithms and data used or produced by such technologies should be developed in a legal, secure, and technically rigorobust manner and in good faith;
Amendment 100 #
2020/2012(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that transparency and explainability isare essential to ensuring thate citizens’ trust in these technologies, even if the degree of explainability is relative to the complexity of the technologies, and that it should be complemented by auditability and traceability; considers that the respect of these principles is a precondition to guarantee accountability;
Amendment 105 #
2020/2012(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that citizens should be informed when interacting with a system using artificial intelligence in particular to personalise a product or service to its users, whether they can switch off or restrain the personalisation; considers, furthermore, that transparency measures should be accompanied, as far as this is technically possible, by clear and understandable explanations of the data used, of the algorithm, of its purpose, of its outcomes, and of its potential dangers;
Amendment 110 #
2020/2012(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls thatIs concerned by the risks of biases and discrimination in the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies,; recalls that, in all circumstances, they should respect human dignity and ensure equal treatment for all;
Amendment 117 #
2020/2012(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. AffirmConsiders that possible bias in and discrimination by software, and algorithms and data shcould be addressed by setting rules for theon data processes through which they are designed and used, as this approach would have the potential to turn software, algorithms and data into a considerable counterbalance to bias and discrimination, and a positive force for social changeing; points out also that the use of AI, robotics and related technologies has the potential to fight discrimination in certain situation;
Amendment 122 #
Amendment 123 #
2020/2012(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that any natural or legal person should be able to seek redress of a decision issued by a high-risk artificial intelligence, robotics or related technology at his or her detriment;
Amendment 130 #
2020/2012(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that socially responsible artificial intelligence, robotics and related technologies should aim at safeguarding and promoteing fundamental values of our society such as democracy, diverse and independent media and objective and freely available information, health and economic prosperity, equality of opportunity, workers’ and social rights, quality education, cultural and linguistic diversity, gender balance, digital literacy, innovation and creativity;
Amendment 144 #
2020/2012(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. States that it is essential that artificial intelligence, robotics and related technologies can be used by government and businesses to support the achievement of sustainable development, climate neutrality and circular economy goals; the development, deployment and use of these technologies should be environmentally friendly, and contribute to minimising any harm caused to the environment during their lifecycle and across their entire supply chain;
Amendment 150 #
2020/2012(INL)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the objectives of social responsibility, gender balance, environmental protection and sustainability should be without prejudice to existing general and sectorial obligations within these fields; believes that the Commission should establish non-binding guidelines to the intention of developers, deployers and users on the methodology for the achievement of these objectives;
Amendment 161 #
2020/2012(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that while the benefits of deploying artificial intelligence, robotics and related technologies within the framework of public power decisions are unquestionable, severe misuses are also possible, such as mass surveillance, predictive policing and breaches of due process rights;
Amendment 162 #
2020/2012(INL)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Considers that technologies which can replace decisions taken by public authorities should be treated with the utmost precaution, notably in the area of justice and law enforcement;
Amendment 163 #
2020/2012(INL)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Believes that Member States should have recourse to such technologies only if there is thorough evidence of their trustworthiness and if human verification is possible or systematic in cases where fundamental liberties are at stake; underlines the importance for national authorities to undertake strict fundamental rights impact assessment for high-risk artificial intelligence systems deployed in these cases;
Amendment 167 #
2020/2012(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that appropriate governance of the development, deployment and use of high-risk artificial intelligence, robotics and related technologies, including by having measures in place focusing on accountability and addressing potential risks of bias and discrimination, increases citizens’ safety and trust in those technologies;
Amendment 178 #
2020/2012(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the need to ensure that personal data is protected adequately, especially data belonging to vulnerable groups, such as people with disabilities, patients, children, minorities and migrants, are protected adequately;
Amendment 208 #
2020/2012(INL)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 217 #
2020/2012(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to follow- up on that request, especially in view of the added-value of having a body at Union level coordinating the mandates andcoordinate the actions of each national supervisory authority as referred to in the previous sub- section;
Amendment 220 #
2020/2012(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to assess whether a European body would be necessary to ensure a harmonised implementation of the European ethical framework for high-risk artificial intelligence, robotics and related technologies;
Amendment 221 #
2020/2012(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Commission to explore entrusting an existing EU body, such as ENISA, EDPS, or the European Ombudsman, to ensure the harmonised implementation of the European ethical framework for high-risk artificial intelligence, robots and related technologies;
Amendment 229 #
2020/2012(INL)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such a body, as well as the certification referred to in the following paragraph, would not only benefit the development of Union industry and innovation in that context but also increase the awareness of our citizens regarding the opportunities and risks inherent to these technologies;
Amendment 236 #
2020/2012(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Suggests that the European Agency for Artificial Intelligence develops common criteria and an application process relating to the granting ofCalls on the Commission to explore the possibility to develop a European certificateion of ethical compliance following a, to be granted at the request by anyof developer, deployer or user seeking to certify the positive assessment of compliance carried out by the respective national supervisory authoritys of artificial intelligence, robotics and related technologies, which comply with the European ethical framework;
Amendment 249 #
2020/2012(INL)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls that the opportunities and risks inherent to these technologies have a global dimension that requires a consistent approach at international level and thus calls on the Commission to work in bilateral and multilateral settings to advocate and ensurepromote the European model of ethical compliance.
Amendment 256 #
2020/2012(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Points out the added-value of a European Agencyregulatory framework for high- risk artificial intelligence, robotics and related technologies as referred to above in this context as well.
Amendment 258 #
2020/2012(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Concludes, following the above reflections on aspects related to the ethical dimension of high-risk artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resulting in a legal framework at Union level supervised by national competent authorities, coordinated and enhanced by a European Agency for Artificial Intelligence and duly respected and certified within the internal market;
Amendment 269 #
2020/2012(INL)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends that the European Commission, after consulting with all the relevant stakeholders, review existing Union law applicable to high-risk artificial intelligence, robotics and related technologies in order to review it when necessary and address the rapidity of their development in line with the recommendations set out in the annex hereto;
Amendment 270 #
2020/2012(INL)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Believes that a periodical assessment of the European regulatory framework related to artificial intelligence, robotics and related technologies will be essential to ensure that the applicable legislation is up to date with the rapidly growing technological progress;
Amendment 274 #
2020/2012(INL)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that the requested proposal would have financial implications if a new European Agency for Artificial Intelligence is set upn existing European body is entrusted with the above-mentioned functions in order to ensure the necessary technical means and human resources to fulfil its newly attributed tasks;
Amendment 276 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 1
Annex I – part A – point I – indent 1
- to build trust in artificial intelligence, robotics and related technologies by ensuring that when these technologies will beentail a high-risk for the protection of safety and fundamental rights and freedoms their developedment, deployedment and used will be done in an ethical manner;
Amendment 287 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point I – indent 3
Annex I – part A – point I – indent 3
- to support deployment of artificial intelligence, robotics and related technologies in the Union by providing the appropriate and proportionate regulatory framework;
Amendment 295 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 2
Annex I – part A – point II – indent 2
Amendment 302 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point II – indent 5 a (new)
Annex I – part A – point II – indent 5 a (new)
- annex establishing a list of high- risk technologies which fall under the scope of this Regulation;
Amendment 306 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 2
Annex I – part A – point III – indent 2
- riskcompliance assessment of high- risk artificial intelligence, robotics and related technologies;
Amendment 310 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 4 a (new)
Annex I – part A – point III – indent 4 a (new)
- right to redress;
Amendment 314 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point III – indent 7 a (new)
Annex I – part A – point III – indent 7 a (new)
- safeguards related to the use of high-risk artificial intelligence, robotics and related technologies within the framework of public power decisions;
Amendment 318 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 1 a (new)
Annex I – part A – point IV – indent 1 a (new)
- regularly assessing and if necessary, reviewing the annex of the Regulation by means of a delegated act
Amendment 321 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 2 a (new)
Annex I – part A – point IV – indent 2 a (new)
- engaging discussions on global ethical norms at international level;
Amendment 322 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 2 b (new)
Annex I – part A – point IV – indent 2 b (new)
- establishing binding guidelines on the methodology of the compliance assessment to be followed by the national supervisory authorities;
Amendment 323 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point IV – indent 2 c (new)
Annex I – part A – point IV – indent 2 c (new)
- establishing non-binding guidelines directed to the developers, the deployers and the users;
Amendment 327 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point V
Annex I – part A – point V
Amendment 345 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 2
Annex I – part A – point VI – indent 2
Amendment 350 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VI – indent 4
Annex I – part A – point VI – indent 4
Amendment 360 #
2020/2012(INL)
Motion for a resolution
Annex I – part A – point VII
Annex I – part A – point VII
VII. The key role of stakeholders should be to engage with the Commission, the European Agency for Artificial Intelligence and the “Supervisory Authority” in each Member State.
Amendment 365 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 1
Annex I – part B – recital 1
(1) The development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, arshould be based on a desire to serve society. TheySome of these technologies can entail opportunities and risks, which should be addressed and regulated by a comprehensive legal framework of ethical principles to be complied with from the moment of the development and deployment of such technologies to their use.
Amendment 372 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 3
Annex I – part B – recital 3
(3) In this context, the current diversity of the rules and practices to be followed across the Union poses a significant risk to the protection of the well-being and prosperity of individuals and society alikeof fragmentation of the Single Market , as well as to the coherent exploration of the full potential that artificial intelligence, robotics and related technologies have in promoting and preserving that well-being and prosperityinnovation. Differences in the degree of consideration of the ethical dimension inherent to these technologies can prevent them from being freely developed, deployed or used within the Union and such differences can constitute an obstacle to the pursuit ofa level playing field and to the pursuit of technological progress and economic activities at Union level, distort competition and impede authorities in the fulfilment of their obligations under Union law. In addition, the absence of a common framework of ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies results in legal uncertainty for all those involved, namely developers, deployers and users.
Amendment 373 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 4
Annex I – part B – recital 4
Amendment 378 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) A common understanding in the Union of notions such as artificial intelligence, robotics, related technologies, algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach. However, the specific legal definitions need to be developed in the context of this Regulation without prejudice to other definitions used in other legal acts and international jurisdictions. They should be technologically neutral and also subject to review whenever necessary.
Amendment 389 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8 a (new)
Annex I – part B – recital 8 a (new)
(8a) This Regulation should be strictly proportionate to its objective so as not to hamper innovation in the Union. In this respect, it should be based on a targeted risk-based approach focusing on specific sectors where major interests are at stake.
Amendment 390 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8 b (new)
Annex I – part B – recital 8 b (new)
(8b) The scope of the Regulation should be limited to high-risk artificial intelligence, robotics and related technologies used in sectors, where given the characteristics of the activities typically undertaken, significant risks can be expected to occur, and where their use is likely to create significant risk. A significant risk should be understood as directly endangering the protection of safety or fundamental rights and freedoms.
Amendment 391 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 8 c (new)
Annex I – part B – recital 8 c (new)
(8c) The sectors covered should be notably, but not exclusively, healthcare, transport, energy and finance. The high- risk technologies should be exclusively listed in the annex of this Regulation, which should be revised on a regular basis, keeping up with technological development.
Amendment 392 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
(9) Any artificial intelligence, robotics and relatedHigh-risk technologies, including the software, algorithms and data used or produced by such technologies, which entails a high risk of breachingshould respect the principles of safety, transparency, accountability, non-bias or non- discrimination, social responsibility and gender balance, environmental friendliness andright to redress, sustainability, privacy and governance, should be considered high- risk from a compliance with ethical principles perspective where that is the conclusion of an impartial, regulated and external risk assessment by the national supervisory authority.
Amendment 396 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 9 a (new)
Annex I – part B – recital 9 a (new)
(9a) The Commission should prepare non-binding guidelines on the methodology for compliance with this Regulation intended to developers, deployers and users. In doing so, the Commission should consult relevant stakeholders.
Amendment 398 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) Notwithstanding the risk assessment carried out in relation to compliance with ethical principles, artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies,High-risk technologies should always be assessed as to their risk on the basis of the objective criteria and in line withlaid down in this Regulation and without prejudice to the relevant sector-specific legislation applicable in different fields such as those of health, transport, employment, justice and home affairs, media, education and culture.
Amendment 401 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 10 a (new)
Annex I – part B – recital 10 a (new)
(10a) When a high-risk technology has been considered compliant with the principles laid out in this regulation, the software, algorithms and data which are used or produced by the technology should be presumed compliant with this regulation, unless the national supervisory authority decides to conduct an assessment at its own initiative or at the request of the developer, the deployer or the user.
Amendment 405 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 12
Annex I – part B – recital 12
(12) Developers, deployers and users of high-risk technologies are responsible for compliance with safety, transparency, and accountability principles to the extent of their involvement with the artificial intelligence, robotics and related technologies concerned, including the software, algorithms and data used or produced by such technologies. Developers should ensure that the technologies concerned are designed and built in line with safety features, whereas deployers and users should deploy and use the concerned technologies in full observance of those features. To this end, developers of high- risk technologies should evaluate and anticipate the risks of misuse of their own technologies, in order to respond effectively if the problem arises.
Amendment 409 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
Amendment 414 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 16
Annex I – part B – recital 16
(16) Society’s trust in artificial intelligence, robotics and related high-risk technologies, including the software, algorithms and data used or produced by such technologies, depends on the degree to which their assessment, auditability and traceability are enabled in the technologies concerned. Where the extent of their involvement so requires, developers should ensure that such technologies are designed and built in a manner that enables such an assessment, auditing and traceability. DWithin the limits of what is technically possible, developers, deployers and users should ensure that artificial intelligence, robotics and related technologies are deployed and used in full respect of transparency requirements, and allowing auditing and traceability.
Amendment 417 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 16 a (new)
Annex I – part B – recital 16 a (new)
(16a) In order to ensure transparency and accountability, citizens should be informed when a system uses artificial intelligence, when AI systems personalise a product or service to its users, whether they can switch off or restrain the personalisation and when they are faced with an automated-decision making technology. Furthermore, transparency measures should be accompanied, as far as this is technically possible, by clear and understandable explanations of the data used, of the algorithm, of its purpose, of its outcomes, and of its potential dangers;
Amendment 418 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 17
Annex I – part B – recital 17
(17) Bias in and discrimination by software, algorithms and data is unlawful and should be addressed by regulating the processes through which they are designed and usdeployed.
Amendment 420 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 18
Annex I – part B – recital 18
(18) Software, algorithms and data used or produced by artificial intelligence, robotics and relatedhigh-risk technologies1a should be considered biased where, for example, they display suboptimal results in relation to any person or group of persons, on the basis of a prejudiced personal, social or partial perception and subsequent processing of data relating to their traits. __________________ 1aFrom this point, “artificial intelligence, robotics and related technologies” should be replaced by “high-risk technologies” throughout the recitals.
Amendment 437 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 28
Annex I – part B – recital 28
(28) TWhere applicable, the development, deployment and use of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, should take into consideration their environmental footprint and should not cause harm to the environment during their lifecycle and across their entire supply chain. Accordingly, such technologies should be developed, deployed and used in an environmentally friendly manner that supports the achievement of climate neutrality and circular economy goals.
Amendment 438 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 29
Annex I – part B – recital 29
Amendment 440 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 30
Annex I – part B – recital 30
Amendment 443 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 31
Annex I – part B – recital 31
(31) TWhere applicable, these technologies should also be developed, deployed and used with a view to supporting the achievement of environmental goals such as reducing waste production, diminishing the carbon footprint, preventing climate change and avoiding environmental degradation, and their potential in that context should be maximized and explored through research and innovation projects. The Union and the Member States should therefore mobilise their resources for the purpose of supporting and investing in such projects.
Amendment 449 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 34
Annex I – part B – recital 34
(34) The ethical boundaries of the use of artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, should be duly considered when using remote recognition technologies, such as biometric recognition, to automatically identify individuals. When these technologies are used by public authorities during times of national emergency, such as during a national health crisis, the use should be proportionate and temporary. Clear criteria for that use should be defined in order to be able to determine whether, when and how it should take place, and such use should be mindful of its psychological and sociocultural impact with due regard for human dignity and the fundamental rights set out in the Charter.
Amendment 450 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 35
Annex I – part B – recital 35
Amendment 452 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 35 a (new)
Annex I – part B – recital 35 a (new)
(35a) Public authorities should conduct fundamental rights impact assessment before deploying high-risk technologies which replace public power decisions and which have a direct and significant impact on citizen’s rights and obligations. In addition, these technologies should allow for human verification and due process, especially in the areas of justice and law enforcement, where fundamental rights protected by the Charter, are at stake.
Amendment 453 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 36
Annex I – part B – recital 36
(36) AmongDevelopers, deployers and users should continue to observe the existing relevant governance standards are, for example, the ‘Ethics Guidelines for Trustworthy AI’ drafted by the High-Level Expert Group on Artificial Intelligence set up by the European Commission, and other technical standards adopted by the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), and the European Telecommunications Standards Institute (ETSI), at European level, the International Organization for Standardization (ISO) and the Institute of Electrical and Electronics Engineers (IEEE), at international level.
Amendment 460 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 38
Annex I – part B – recital 38
(38) The effective application of the ethical principles laid down in this Regulation will largely depend on Member States’ should appointment of an independent public authority to act as a supervisory authority. In particular, eEach national supervisory authority should be responsible for assessing and monitoring the compliance of artificial intelligence, robotics and related technologies considered a high-risk in light of the obligations set out inhigh-risk technologies with this Rregulation.
Amendment 465 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 39
Annex I – part B – recital 39
(39) Each national supervisory authority shall also carry the responsibility of regulating the governance of these technologies. They thereforewill have an important role to play in promoting the trust and safety of Union citizens, as well as in enabling a democratic, pluralistic and equitable society.
Amendment 473 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 42 a (new)
Annex I – part B – recital 42 a (new)
(42a) The Commission should establish binding guidelines to be followed by the national supervisory authorities when conducting their compliance assessment.
Amendment 475 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 44
Annex I – part B – recital 44
(44) The rapid development of artificial intelligence, robotics and related technologies, including the software, algorithms and data used or produced by such technologies, as well as of the technical machine learning, reasoning processes and other technologies underlying that development are unpredictable. As such, it is both appropriate and necessary to establish a review mechanism in accordance with which, in addition to its reporting on the application of the Regulation, the Commission is to regularly submit a report concerning the possible modification of the scope of application of this Regulation. In addition, the Commission should review, if necessary, every six months the annex of this Regulation by means of delegated act.
Amendment 480 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – recital 46
Annex I – part B – recital 46
Amendment 484 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – before Article 1 – chapter title (new)
Annex I – part B – before Article 1 – chapter title (new)
Chapter I: General provisions
Amendment 488 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
1. This Regulation applies to high- risk artificial intelligence, robotics and related technologies, hereafter “high-risk technologies”1a including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union. 2. Within the meaning of this Regulation are considered being high- risk technologies, technologies that: (a) are used in sectors, where given the characteristics of the activities typically undertaken, significant risks can be expected to occur from the viewpoint of protection of safety and fundamental rights and freedoms, and (b) are used in such a manner, that such risks can be expected to occur from the viewpoint of protection of safety and fundamental rights and freedoms 3. The high-risk technologies mentioned in Paragraph 2 shall be listed in an Annex to this Regulation. The Commission is empowered to adopt delegated acts in accordance with Article 16(a), to amend the exhaustive list, by: (a) including new types of high-risk artificial intelligence, robotics and related technologies; (b) deleting types of technologies that can no longer be considered to pose a high-risk; (c) changing the critical sectors for existing high-risk technologies. Any delegated act amending the Annex shall come into force six months after its adoption. When determining new critical sectors and/or high-risk technologies to be inserted by means of delegated acts in the Annex, the Commission shall take full account of the criteria set out in this Regulation, in particular those set out in paragraph 2 of this Article. __________________ 1aFrom this point “artificial intelligence, robotics and related technologies” is replaced by “high-risk technologies” throughout the Regulation
Amendment 494 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point a
Annex I – part B – Article 4 – paragraph 1 – point a
(a) ‘artificial intelligence’ means softwarea systems that, inter alia, collect, process and interpret structured or unstructured data, identify patterns and establish models in order to reach conclusions or take displays intelligent behaviour by analysing their environment and taking actions, with some degree of autonomy, to achieve specific goals; AI- systems can be purely software-based, actionsng in the physical or virtual dimension basvirtual world, or can be embedded oin such conclusionhardware devices;
Amendment 520 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1 – point p
Annex I – part B – Article 4 – paragraph 1 – point p
Amendment 528 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 5 – paragraph 3
Annex I – part B – Article 5 – paragraph 3
Amendment 530 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – after article 5 – chapter title (new)
Annex I – part B – after article 5 – chapter title (new)
Chapter II: Obligations for high-risk technologies
Amendment 533 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 1
Annex I – part B – Article 6 – paragraph 1
1. Any artificial intelligence, robotics and relatedHigh-risk technologies, including software, algorithms and data used or produced by such technologies, shall: (a) be developed, deployed and used in a human- centric manner with the aim of contributing to the existence of a democratic, pluralistic and equitable society by safeguarding human autonomy and decision-making and ensuring human agency.;
Amendment 534 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 2
Annex I – part B – Article 6 – paragraph 2
Amendment 537 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 6 – paragraph 3
Annex I – part B – Article 6 – paragraph 3
Amendment 540 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 7
Annex I – part B – Article 7
Amendment 550 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point a
Annex I – part B – Article 8 – paragraph 1 – point a
Amendment 554 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point b
Annex I – part B – Article 8 – paragraph 1 – point b
(b) developed, deployed and used in a resilient manner so that they ensure an adequate level of security, and one that prevents any technical vulnerabilities from being exploited for unfair or unlawful purposes;
Amendment 557 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point d
Annex I – part B – Article 8 – paragraph 1 – point d
(d) developed, deployed and used in a manner that ensures that there is trust that the performance is reliablare reliable performance as regards reaching the aims and carrying out the activities they have been conceived for, including by ensuring that all operations are reproducible;
Amendment 559 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point e
Annex I – part B – Article 8 – paragraph 1 – point e
(e) developed, deployed and used in a manner that ensures that the performance of the aims and activities of the particular technologies is accurate; if occasional inaccuracies cannot be avoided, the system shall indicate, to the extent possible, the likeliness of errors and inaccuracies to deployers and users through an appropriate disclaimer message;
Amendment 562 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 1 – point g
Annex I – part B – Article 8 – paragraph 1 – point g
(g) developed, deployed and used in a manner such that they are capable of warninginform users that they are interacting with artificial intelligence systems, duly and comprehensively disclosing their capabilities, accuracy and limitations to artificial intelligence developers, deployers and users of high- risk technologies;
Amendment 565 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 2
Annex I – part B – Article 8 – paragraph 2
2. In accordance with Article 6(2b), thehigh-risk technologies mentioned in paragraph 1, including software, algorithms and data used or produced by such technologies shall be developed, deployed and used in transparent and traceable manner so that their elements, processes and phases are documented to the highest standards, and that it is possible for the national supervisory authorities referred to in Article 14 to assess the compliance of such technologies with the obligations set out in this Regulationapplicable standards. In particular, the developer, deployer or user of those technologies shall be responsible for, and be able to demonstrate, compliance with the safety features set out in paragraph 1.
Amendment 569 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 3
Annex I – part B – Article 8 – paragraph 3
3. The developer, deployer or user of thehigh-risk technologies mentioned in paragraph 1 shall ensure that the measures taken to ensure compliance with the safety features set out in paragraph 1 can be audited by the national supervisory authorities referred to in Article 14.
Amendment 571 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 8 – paragraph 4
Annex I – part B – Article 8 – paragraph 4
4. Users shall be presumed to have complied with the obligations set out in this Article where their use of artificial, robotics and related technologies, including software, algorithms and data used or produced by such technologies, is carried out in good faith and in no way contravenes the ethical principles laid down in this Regulation.
Amendment 575 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 1
Annex I – part B – Article 9 – paragraph 1
1. AnyHigh-risk technologies, including software, algorithm or data used or produced by artificial intelligence, robotics and relatedsuch technologies developed, deployed or used in the Union shall be such as to ensure respect for human dignity and equal treatment for all.
Amendment 578 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 9 – paragraph 2
Annex I – part B – Article 9 – paragraph 2
2. AnyHigh-risk technologies, including software, algorithm ors and data used or produced by artificial intelligence, robotics and relatedsuch technologies, developed, deployed or used in the Union shall be unbiased and, without prejudice to paragraph 3, shall not discriminate on grounds such as race, gender, sexual orientation, pregnancy, disability, physical or genetic features, age, national minority, ethnic or social origin, language, religion or belief, political views or civic participation, citizenship, civil or economic status, education, or criminal record.
Amendment 580 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
Annex I – part B – Article 10 – paragraph 1
1. Any artificial intelligence, robotics and relatedHigh-risk technologies, ,including software, algorithms and data used or produced by such technologies, shall be developed, deployed and used in the Union in compliance with the relevant Union law, principles and values, in a manner that ensures optimal social, environmental and economic outcomes and that does not result in injury or harm of any kind to being caused to individuals or society..
Amendment 584 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – introductory part
Annex I – part B – Article 10 – paragraph 2 – introductory part
2. Any artificial intelligence, robotics and relatedHigh-risk technologies, including software, algorithms and data used or produced by such technologies, developed, deployed or used in the Union shall be developed, deployed and used in a socially responsible manner. In particular, such a manner shall mean that such technologies are:
Amendment 585 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point a
Annex I – part B – Article 10 – paragraph 2 – point a
Amendment 587 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point b
Annex I – part B – Article 10 – paragraph 2 – point b
Amendment 590 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point c
Annex I – part B – Article 10 – paragraph 2 – point c
Amendment 593 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point d
Annex I – part B – Article 10 – paragraph 2 – point d
Amendment 594 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 2 – point e
Annex I – part B – Article 10 – paragraph 2 – point e
Amendment 599 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 3
Annex I – part B – Article 10 – paragraph 3
Amendment 602 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 10 – paragraph 4
Annex I – part B – Article 10 – paragraph 4
Amendment 607 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 1
Annex I – part B – Article 11 – paragraph 1
1. Any artificial intelligence, robotics and relatedHigh-risk technologies, including software, algorithms and data used or produced by such technologies, shall be developed, deployed or used in the Union in compliance with Union law, principles and values, in a manner that ensures optimal environmentally friendly outcomes and and commitments related to the protection of the environment and where applicable they shall pursue the objective of minimisesing their environmental footprint during their lifecycle and through their entire supply chain, in order to support the achievement of climate neutrality and circular economy goals.
Amendment 608 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 2
Annex I – part B – Article 11 – paragraph 2
Amendment 610 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 – paragraph 3
Annex I – part B – Article 11 – paragraph 3
Amendment 613 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 a (new)
Annex I – part B – Article 11 a (new)
Amendment 614 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 11 b (new)
Annex I – part B – Article 11 b (new)
Article 11b Implementation guidance The Commission shall prepare non- binding guidelines on the methodology for compliance with this Regulation intended to developers, deployers and users. In doing so, the Commission shall consult relevant stakeholders. The Commission shall publish the guidelines by the date of the entry into force of this Regulation.
Amendment 620 #
2020/2012(INL)
Motion for a resolution
Annex I – part B –After Article 12 – chapter title (new)
Annex I – part B –After Article 12 – chapter title (new)
Chapter III: Specific requirements
Amendment 622 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 12 b (new)
Annex I – part B – Article 12 b (new)
Article 12b Right to redress 1. Any natural or legal person shall be able to seek redress for damages caused by a decision issued at her/his detriment by high-risk technologies.
Amendment 623 #
2020/2012(INL)
Motion for a resolution
Annex I – part B –After Article 12 b – chapter title (new)
Annex I – part B –After Article 12 b – chapter title (new)
Chapter IV: Institutional oversight
Amendment 628 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 2
Annex I – part B – Article 13 – paragraph 2
2. Data used or produced by artificial intelligence, robotics and relatedhigh-risk technologies developed, deployed or used in the Union shall be managed by developers, deployers and users in accordance with the relevant standards referred to in paragraph 1national, European and international rules, as well as with relevant industry and business protocols. In particular, developers and deployers shall carry out, where feasible, quality checks of the external sources of data used by artificial intelligence, robotics and related technologies, and shall put oversight mechanisms in place regarding their collection, storage, processing and use.
Amendment 629 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 3
Annex I – part B – Article 13 – paragraph 3
3. Without prejudice to portability rights and rights of persons whose usage of artificial intelligence, robotics and relatedhigh-risk technologies has generated data, the collection, storage, processing, sharing of and access to data used or produced by artificial intelligence, robotics and related technologies developed, deployed or used in the Union shall comply with the relevant standards referred to in paragraph 1national, European and international rules, as well as with relevant industry and business protocols. In particular, developers and deployers shall ensure those protocols are applied during the development and deployment of artificial intelligence, robotics and relatedhigh-risk technologies, by clearly defining the requirements for processing and granting access to data used or produced by these technologies, as well as the purpose, scope and addressees of the processing and the granting of access to such data, all of which shall at all times be auditable and traceable.
Amendment 632 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 1
Annex I – part B – Article 14 – paragraph 1
1. Each Member State shall designate an independent public authority to be responsible for monitoring the application of this Regulation (‘supervisory authority’). In accordance with Article 7(1) and (2), each national supervisory authority shall be responsible for assessing whether artificial intelligence, robotics and related technologies, including software, algorithms and data used or produced by such technologies, developed, deployed and used in the Union areand monitoring the compliance of high- risk technologies and, if so, for assessing and monitoring their compliance with the ethical principles set out in this Regulation.
Amendment 636 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 2
Annex I – part B – Article 14 – paragraph 2
2. Each national supervisory authority shall contribute to the consistent application of this Regulation throughout the Union. For that purpose, the supervisory authorities in each Member State shall cooperate with each other, the Commission and other relevant institutions, bodies, offices and agencies of the Union, in particular as regards establishing the governance standards referred to in Article 13(1).
Amendment 642 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 4
Annex I – part B – Article 14 – paragraph 4
4. Each national supervisory authority shall provide professional and administrative guidance and support on the general implementation of the ethical principlesfor the implementation of the harmonised ethical framework set out in this Regulation, includingespecially to small and medium-sized enterprises or start-ups.
Amendment 643 #
2020/2012(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 6
Annex I – part B – Article 14 – paragraph 6
6. Member States shall take all measures necessary to ensure the implementation of the ethical principles set out in this Regulation. Member States shall support relevant stakeholders and civil society, at both Union and national level, in their efforts to ensure a timely, ethical and well- informed response to the new opportunities and challenges, in particular those of a cross-border nature, arising from technological developments relating to artificial intelligence, robotics and related technologies.
Amendment 2 #
2020/2008(INI)
Draft opinion
Recital A
Recital A
A. whereas the demographic old-age dependency ratio (people aged 65 or above relative to those aged 15-64) is projected to increase significantly in the EU as a whole in the coming decades; whereas it has risen to 29.631.4 % oin 2016 figures91a, and is projected to rise further, notably up to 52 % in 20501b and reaching 51.2 % in 2070; _________________ 1a https://ec.europa.eu/eurostat/databrowser/ view/tps00198/default/table?lang=en 1b https://ec.europa.eu/eurostat/databrowser/ view/tps00200/default/table?lang=en
Amendment 6 #
2020/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas Europe's ageing population is a demographic phenomenon which sees a decrease both in fertility and in mortality rate and a higher life expectancy among European population;
Amendment 9 #
2020/2008(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas the demographic situation severely impacts the social, economic and territorial cohesion of the EU; whereas it is important for the EU to mainstream demographic issues into all its policies;
Amendment 30 #
2020/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 50 #
2020/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that an ageing workforce and the lack of generational renewal constitute a more serious issue in the agricultureal sector than in other sectors; believes that addressing market uncertainty and lack of profitability in farming enterprisesfacilitating access to finance for the farming enterprises, particularly for young farmers, are key to reversing this trend;
Amendment 56 #
2020/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Acknowledges that only 11% of all farm holdings in the European Union are run by farmers under the age of 40 years old2a; calls on the Member States to remove all barriers preventing young farmers from entering the agricultural sector, including the difficult access to land; calls furthermore on the Member States to promote new ways of collaboration between generations such as partnerships, share-farming, long-term leasing and other arrangements which could address the lack of land and stimulate young farmers; _________________ 2ahttps://ec.europa.eu/eurostat/statistics- explained/index.php/Farmers_and_the_a gricultural_labour_force_-_statistics
Amendment 81 #
2020/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recognises the prominent role that the cohesion policy and the CAP could play in encouraging and boosting the employability and inclusion of women in rural and remote areas affronted with demographic-related issues and calls on the Member States to better use the relevant funds for that purpose;
Amendment 84 #
2020/2008(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that improving the connectivity and the accessibility of services in the rural and remote areas is crucial to address the depopulation of these regions and the social and digital exclusion of the older population living there; therefore, calls on the Member States to recognise the significance of rural and remote areas, in their diversity, and develop their potential through stimulating investments in the local economy, fostering entrepreneurship and improving their infrastructure;
Amendment 89 #
2020/2008(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Considers the possibilities created by lifelong learning, in combination with digitalisation, essential to provide the ageing population in the rural and remote areas with various opportunities, including supplementary income; calls, therefore, on the Commission and the Member States to support educational and training programs, that will help the ageing population to develop skills and gain expertise in areas such as eCommerce, online marketing and ICT;
Amendment 92 #
2020/2008(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Highlights that due to the evolution, digitalization and specialization of agriculture, both people within the sector and those first entering in it, require an appropriate level of digital, technical and economic training and calls for the promotion of exchange schemes, discussions, online trainings and e- learning;
Amendment 94 #
2020/2008(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Reminds that the outermost regions are especially predisposed to depopulation and require a special set of measures to mitigate negative demographic changes they often face; calls on the Member States to use proactively the available structural and investment funds in order to address the challenges these regions face;
Amendment 96 #
2020/2008(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Underlines the essential impact the constantly evolving digital technologies have on people’s daily life, thus stresses the need for high-speed broadband and vital and up-to-date technological equipment in schools, hospitals and all other relevant public services facilities, including developing effective e- Governance, in order to ensure there are enough opportunities for the people living in rural and remote areas.
Amendment 14 #
2020/2007(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas Article 153(5) TFEU makes clear that the setting of minimum wages is a national competence and forbids the EU to intervene directly on the level of pay;
Amendment 15 #
2020/2007(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas agriculture is a sector with a strong reliance on temporary labour, work which is mostly seasonal in nature with peaks and high employment of migrant workers to meet the needs and demands of sector;
Amendment 30 #
2020/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s legislative proposal of March 2018 for establishing a European Labour Authority to ensure that EU rules on labour mobility are enforced in a fair, simple and effective way; however regrets that the European Labour Authority is currently not planning to be fully operational before 2024;
Amendment 32 #
2020/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights the important and essential role of migrant and seasonal workers in responding to periodic and seasonal peaks in labour demand in the agricultural sector which local supply cannot meet;
Amendment 36 #
2020/2007(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Notes that several Member States, such as Denmark, Italy and Spain, have in recent years experienced a significant increase in the share of migrant workers in agriculture;
Amendment 37 #
2020/2007(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Stresses the disproportionately negative impact movement restrictions introduced as a result of the COVID-19 crisis had on the availability of seasonal workers for necessary agricultural work and across the food supply chain as a whole, notes in this regard the importance of a fully functioning internal market with clear guidelines and uniform interpretation by the Member States;
Amendment 38 #
2020/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CNotes that the full and proper implementation of Directive 2014/36/EU (on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers) should be ensured and monitored in Member States to ensure minimum standards are achieved, considers that better legal frameworks and a greater focus on the implementation and enforcement of labour law are urgently needed, including with regard to employment rights and social security coverage, especially for atypical work and exploited labour; furthermore underlines the importance of the principle of equal pay for equal work at the same place;
Amendment 42 #
2020/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 48 #
2020/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that better targeting of EU funds would support worker mobilitysuch as those under the European Social Fund and tools under the Employment and Social Innovation (EaSI) programme would support worker mobility, inclusion and increased health and safety training and awareness, enabling better use of the information available and improving the collection and use of data on the patterns of labour mobility flows and imbalances within the labour market;
Amendment 59 #
2020/2007(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that family workers still represent the vast majority of agricultural labour in Europe, and that insufficient generational renewal is one of the major challenges faced by the farming sector across the EU, resulting in fewer farmers in the sector year after year; Notes that CAP measures oriented towards young farmer help maintain employment in agriculture, namely through supporting farm succession and generating local jobs in both farming and its up-and downstream sectors. However, regrets that this positive trend remains very limited in its impact because of many other economic factors influencing farming employment, such as access to credit and land as well as lack in succession planning and lack of tax incentives;
Amendment 78 #
2020/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that technological innovation is a driver of structural change within farms and agricultural labour markets, and that many holdings across Europe are not sufficiently prepared for taking up technological innovation owing to the low level of agricultural training of their farm managers, a level which differs significantly among Member States; notes that that the current trend towards a technology-oriented agricultural sector has the potential to push labour costs upwards, as farming will demand a higher-skilled labour force; highlights that increased training, education and upskilling will be required by all workers in the sector to meet the challenge of increased technologic innovation and modernisation and notes that this increased training should be planned in close collaboration with social partners within the labour market;
Amendment 100 #
2020/2007(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights that, as enshrined in the TFEU, the EU does not have the competence to intervene on the setting of pay or minimum wages;
Amendment 4 #
2020/2006(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for binding Union law to be adopted that ensures that allthe supply chains of products imported into the Union and also of those products and services supplied within the Union do not involvedo not lead to deforestation and, ecosystem degradation or conversion, or, human rights violations, and that protects or the violation of rights of indigenous peoples and local communities;
Amendment 26 #
2020/2006(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that although voluntary measures alone will not stop deforestation, binding legislation should be combined with non-legislative initiatives, such as cooperation with third countries, in order to fight against global deforestation;
Amendment 29 #
2020/2006(INL)
2. Notes that voluntary measures alone will not stop deforestatthe Union contribution to global deforestation caused by demand for imports of deforestation-risk goods into the Union;
Amendment 32 #
2020/2006(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Supports the setting up of “green alliances” with third countries in order to help them put in place sustainable forest value chains and bio-economy activities prioritising the support to small producers, as well as sound policies aiming at avoiding deforestation, such as integrated land planning, land tenure transparency, and prevention of illegal conversion of forest areas into agricultural land;
Amendment 33 #
2020/2006(INL)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Supports regular information exchanges with third countries to promote the consumption and trade of wood and wood derived products coming from forest managed in a sustainable way;
Amendment 34 #
2020/2006(INL)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the global forest area has been reduced by 129 million hectares in the period 1990-2015 mainly due to the agricultural production, a third of which is exported, and highlights that soy, palm oil and cocoa represent 80 % of the Union imports coming from deforested areas;
Amendment 35 #
2020/2006(INL)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Regrets that the Union embodied deforestation reaches 10 % of the global deforestation consumption as a result of its dependency on imports of products such as palm oil, meat, soy, cocoa, maize, timber and rubber;
Amendment 37 #
2020/2006(INL)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Calls for the establishment of an objective of Union zero deforestation consumption in the framework of the Green Deal by 2030, at the latest;
Amendment 40 #
2020/2006(INL)
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Welcomes the proposal of the Commission in its communication of 20 May 2020 entitled "A Farm to Fork Strategy for a fair, healthy and environmentally friendly food system" to put in place a deforestation observatory, but considers it necessary that this initiative be accompanied by submitting, every 5 years, a report to the European Parliament and the Council on global deforestation in order to take appropriate measures in terms of reinforcing cooperation with third countries and safeguarding trade restrictions at the Union level;
Amendment 41 #
2020/2006(INL)
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Considers it essential to put in place a deforestation-free certification system that would increase the supply chain transparency in the Union and allow the promotion of products not issued from deforestation;
Amendment 42 #
2020/2006(INL)
Draft opinion
Paragraph 2 h (new)
Paragraph 2 h (new)
2h. Asks the Commission to put in place an information campaign on responsible agri-food consumption in the Union by highlighting the environmental consequences of the embodied deforestation;.
Amendment 58 #
2020/2006(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that improving traceability and transparency can help to ensure that onlyincrease the consumption of sustainably sourced goods are consumed; calls for due diligence obligations to be part of public procurement rules;
Amendment 65 #
2020/2006(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for binding and enforceable environmental and social provisions to be included in free trade agreements (FTAs) so as to protect forests, natural ecosystems and human rights, particularly community tenure rights; calls for the reopening of FTAs which do not contain such provisions, for example EU-Mercosur FTA;
Amendment 67 #
2020/2006(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for binding and enforceable environmental and social provisions to be included in free trade agreements (FTAs), such as Mercosur, so as to protect forests, natural ecosystems and human rights, particularly community tenure rights; calls foronsiders that the reospening of FTAs which do not contain such provisions, for example EU-Mercosur FTAct of the Paris Agreement should be a binding condition in all trade agreements with third countries;
Amendment 77 #
2020/2006(INL)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to integrate deforestation in the assessment of the environmental impact of trade agreements, and to take into consideration the results of ex ante evaluations in trade negotiations;
Amendment 81 #
2020/2006(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the Union to cutreduce its dependency on imports of forest and ecosystem-risk commodities by implementing the Union protein plan, and for Union livestock production to match available Union land resources;
Amendment 90 #
2020/2006(INL)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Strongly supports the promotion of nitrogen fixing crops under the new CAP strategic plans through eco-schemes, rural development agro-environmental measures, new sectorial interventions and coupled support, in order to increase the protein self-sufficiency of the Union, and, at the same time, contribute to reach the objectives of the biodiversity and the farm to fork strategies;
Amendment 91 #
2020/2006(INL)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Encourages the Member States to boost the production of nitrogen fixing crops in the context of the COVID-19 recovery plan which will be put in place in the next multiannual financial framework;
Amendment 93 #
2020/2006(INL)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Supports the elimination by 2030 of the use of raw materials contributing to the deforestation in the production of biofuels;
Amendment 106 #
2020/2006(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes the unsustainable level of consumption in the EU, and that, for example, the Renewable Energy Directive (RED II) coStresses that the sustainability of raw material use in the Union could be considerably improved by implementains insufficient sustainability criteria, which both causes and intensifies land-use changeg measures to boost the circular bio- economy, consequently reducing the dependency on deforestation-risk imports;
Amendment 121 #
2020/2006(INL)
Draft opinion
Paragraph 9
Paragraph 9
9. Asks the Commission to monitor and take action on the causes of wildfires, forest damage and ecosystem conversion and related human rights and tenure violations, by creating early alert mechanisms.and to assist in tackling these issues by intensifying dialogue and data sharing with respective third countries;
Amendment 91 #
2020/0374(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, web browsers, operating systems, online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services should be covered irrespective of the technology used to provide such services. In this regard, virtual or voice activated assistants and other connected devices should fall within the scope of this Regulation irrespective of the software used as an operating system, an online intermediation service or a search engine. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. __________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 106 #
2020/0374(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any other services provided within the digital sectorprior to their application. Such information should not only serve the review process mentioned above, regarding the status of individual gatekeepers, but will also provide information that is crucial to monitoring broader contestability trends in the markets where gatekeepers operate, in particular in the digital sector and can therefore be a useful factor for consideration in the context of the market investigations foreseen by this Regulation.
Amendment 108 #
2020/0374(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The obligations laid down in this Regulation are limited to what is necessary and justified to address the unfairness of the identified practices by gatekeepers and to ensure contestability in relation to core platform services provided by gatekeepers. Therefore, the obligations should correspond to those practices that are considered unfair by taking into account the features of the digital sector and where experience gained, for example in the enforcement of the EU competition rules, shows that they have a particularly negative direct impact on the business users and end users. The obligations laid down in the Regulation may specifically take into account the nature of the core platform services provided. In addition, it is necessary to provide for the possibility of a regulatory dialogue with gatekeepers to tailor those obligations that are likely to require specific implementing measures in order to ensure their effectiveness and proportionality. The obligations should only be updated after a thorough investigation on the nature and impact of specific practices that may be newly identified, following an in-depth investigation, as unfair or limiting contestability in the same manner as the unfair practices laid down in this Regulation while potentially escaping the scope of the current set of obligations. In order to enhance the effectiveness of the updating process, the Commission should also use the reporting mechanism involving competitors, business users, end-users and competent national authorities, that would inform the Commission in the event of any of those detected practices.
Amendment 112 #
2020/0374(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services, their own interface or direct channel. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter-platform contestability, which in turn limits choice of alternative distribution channels including alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de-listing of the offers of business users.
Amendment 115 #
2020/0374(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such business user may use. This should apply to the promotion of offers and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other services or items outside the core platform services of the gatekeeper should not be undermined or restricted notably through the use of technical restrictions. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services vialegally acquired digital content and services via hardware or a software application running on their core platform service. For example, subscribers to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
Amendment 121 #
2020/0374(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Identification and ancillary services are crucial for the economic development of business users to conduct their business, as these can allow them not only to optimise services, to the extent allowed under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council33 , but also to inject trust in online transactions, in compliance with Union or national law. Gatekeepers should therefore not use their position as provider of core platform services to require their dependent business users to include any identification or ancillary services provided by the gatekeeper itself as part of the provision of services or products by these business users to their end users, where other identification services are available to such business users. __________________ 33 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).
Amendment 123 #
2020/0374(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to make switching impossiblmore cumbersome or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
Amendment 126 #
2020/0374(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possible, with easily accessible and real-time information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain.
Amendment 129 #
2020/0374(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or ancillary services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing any pre-installed software applications on its core platform service and thereby favour their own software applications.
Amendment 135 #
2020/0374(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position or a differentiated treatment to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 136 #
2020/0374(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In such situations, the gatekeeper should not engage in any form of differentiated or preferential treatment in ranking on the core platform service, whether through legal, commercial or technical means, in favour of products or services it offers itself or through a business user which it controlsoperates with. To ensure that this obligation is effective, it should also be ensured that the conditions that apply to such ranking are also generally fair and do not allow the gatekeeper’s own services or products to benefit from competition-relevant information about competing products or services. Ranking should in this context cover all forms of relative prominence, including among others display, rating, order, linking or voice results. To ensure that this obligation is effective and cannot be circumvented it should also apply to any measure that may have an equivalent effect to the differentiated or preferential treatment in ranking. The guidelines adopted pursuant to Article 5 of Regulation (EU) 2019/1150 should also facilitate the implementation and enforcement of this obligation.34 __________________ 34Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
Amendment 139 #
2020/0374(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charg, publishers, or third parties authorised by advertisers and publishers, when requested, with free of charge, continuous, detailed, comprehensive, accessible and real-time access to the performance measuring tools of the gatekeeper and the information necessary, including aggregated data and performance data, for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
Amendment 147 #
2020/0374(COD)
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) During the implementation period of three months, designated gatekeepers should inform the Commission about what they intend to implement and how, in order to ensure effective compliance with their obligations. Such information should be made available to concerned third parties of undertakings, taking into account the protection of trade secrets of designated gatekeepers.
Amendment 151 #
2020/0374(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the case if the gatekeeper’s size in the internal market has further increased, economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. The Commission should therefore in such cases have the power to impose any remedy, whether behavioural or structural, having due regard to the principle of proportionality. Structural remedies, such as legal, functional or structural separation, including the divestiture of a business, or parts of it, should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. Changes to the structure of an undertaking as it existed before the systematic non- compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concerned.
Amendment 152 #
2020/0374(COD)
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) In case of urgency where a risk of serious and immediate damage for business users or end-users of gatekeepers could result from new practices that may undermine contestability of core platform services or may be unfair, it is also important to ensure that the Commission can implement interim measures and thus temporarily impose obligations to the gatekeeper concerned. These interim measures should be proportionate and limited to what is necessary and justified. They should apply pending the conclusion of the market investigation and the corresponding final decision of the Commission.
Amendment 153 #
2020/0374(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Where, in the course of a proceeding into non-compliance or an investigation into systemic non- compliance, a gatekeeper offers commitments to the Commission, the latter should be able to adopt a decision making these commitments binding on the gatekeeper concerned, where it finds that the commitments ensure effective compliance with the obligations of this Regulation. This decie Commission should also find that there are no longer grounds for action by the Commission., where appropriate, be entitled to require the commitments to be tested, including A/B tested in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Should the review of the commitments by the Commission show that they have not led to effective compliance, the Commission shall be entitled to require their amendment or revoke them;
Amendment 154 #
2020/0374(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) The Commission should be able to directly request that undertakings or association of undertakings provide any relevant evidence, data and information. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. Those public authorities, bodies or agencies within Member States should have the possibility, on their own initiative, to provide the Commission with relevant information. When complying with a decision of the Commission, undertakings are obliged to answer factual questions and to provide documents.
Amendment 164 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice to rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition and unfair trading practices in business- to-business relationships.
Amendment 166 #
2020/0374(COD)
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and, Regulation (EU) …./.. of the European Parliament and of the Council39 . __________________, Directive 2005/29/EC on unfair commercial practices, Council Directive 93/13/EEC on unfair terms in consumer contracts and Directive 2010/13/EU on the provision of audiovisual media services 1a. __________________ 1a OJ L 95, 15.4.2010, p. 1 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 172 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
Article 2 – paragraph 1 – point 2 – point c a (new)
(ca) web browsers;
Amendment 173 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point g a (new)
Article 2 – paragraph 1 – point 2 – point g a (new)
(ga) Payment aggregation services;
Amendment 174 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h
Article 2 – paragraph 1 – point 2 – point h
(h) advertising services, including any advertising networks, advertising exchanges and any other advertising intermediation services, provided by a provider where the undertaking to which it belongs to is also a provider of any of the core platform services listed in points (a) to (g);
Amendment 185 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘Virtual assistant’ means software that responds to oral or written commands expressed in a non-technical language by end-users and perform tasks or services by itself or mediates with IT systems if needed and on behalf of the end user;
Amendment 186 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7a) ‘Web browser’ means independent or embedded software applications to access and interact with information hosted on web servers and networks such as the internet;
Amendment 189 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘Payment aggregation services’ means technical services as defined in Article 3(j) of Directive (EU) 2015/2366 of the European Parliament and of the Council, which enable any business activity set out in annex I of Directive (EU) 2015/2366 of the European Parliament and of the Council within the framework of contracts between payment aggregation services providers and third- party providers.
Amendment 196 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17a) ‘Competitor to the gatekeeper’s core platform service’ means any natural or legal person acting in a commercial or professional capacity providing a core platform service in the same category as the one of the gatekeeper;
Amendment 198 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services including software application stores and virtual assistants or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services including software application stores and virtual assistants or of online social networking services or by providers of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication;
Amendment 201 #
2020/0374(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) ‘National competent authority’ means any national authority that has been designated by a Member State as such within the meaning and for the purpose of this Regulation, notably in respect of Article 17;
Amendment 211 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Amendment 216 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threone months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information relating to the quantitative thresholds identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
Amendment 217 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Amendment 220 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point d a (new)
Article 3 – paragraph 6 – subparagraph 1 – point d a (new)
(da) the ability of the undertaking to implement conglomerate strategies, in particular through its vertical integration or its significant leverage in related markets;
Amendment 222 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point f
Article 3 – paragraph 6 – subparagraph 1 – point f
(f) other structural market characteristics such as the degree of multi- homing among business and end-users of the core platform services provided.
Amendment 224 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 3
Article 3 – paragraph 6 – subparagraph 3
Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission pursuant to Chapter V of this Regulation in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.
Amendment 226 #
2020/0374(COD)
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission pursuant to Chapter V of this Regulation in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
Amendment 231 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) there is new relevant information that was not examined before the adoption of the decision;
Amendment 234 #
2020/0374(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in Articles 5 and 6 on an on-going basis and send it to the European Parliament.
Amendment 235 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. In the event that the end user has been presented with the specific choice and has not provided consent, or has withdrawn consent, the gatekeeper shall refrain from offering different or degraded services compared to the services offered to an end user that provided consent, unless such consent is indispensable to ensure the same quality of service;
Amendment 241 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intby any other mediation serviceans at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 242 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) refrain from requiring business users to inform the gatekeeper of the differentiated prices or conditions they choose to apply on their own channel of distribution or through any other means;
Amendment 243 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform service, and to conclude contracts with these end users or receive payments for services provided regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 246 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users and end-users from raising issues with any relevant public authority relating to any practice of gatekeepers including through the reporting mechanism for business users and end-users pursuant to Article 21a;
Amendment 249 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification servicey ancillary service as defined in points (14) and (15) of Article 2 of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 253 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platform services identias defined pursuant toin Article 32 or which meets the thresholds in Article 3(2)(b)any ancillary services provided by the gatekeeper as a condition to use, access, sign up or register to any of their core platform services identified pursuant to that Article;
Amendment 254 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, to which it supplies advertising services, upon their request, with and free of charge, with continuous, detailed, comprehensive, real-time and easy to access information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. , including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
Amendment 258 #
2020/0374(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) refrain from imposing on business users or end users software applications or services, which are used in the context of or together with core platform services, or contractual licensing agreements, which would limit end users' ability or economic incentive to use third party software applications or service and/or give preferential treatment to the gatekeeper’s own products or services;
Amendment 264 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users, any data not publicly available, which is generated through or in connection with activities by those business users, including by the end users of these business users, of its core platform services or of its ancillary services or which is provided by those business users of its core platform services or its ancillary services or by the end users of these business users;
Amendment 266 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) refrain from exclusively enabling its own core platform services as default services when equivalent alternative services which perform the same function can be proposed in non-discriminatory manner;
Amendment 268 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow and technically enable the installation and effective use and interoperability of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow and enable these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper , provided that such proportionate measures are duly justified;
Amendment 272 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating differently or more favourably in ranking, display, installation, activation, or default settings, services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking, display, installation, activation and default settings;
Amendment 275 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system or the cloud computing services of the gatekeeper, including as regards the choice of Internet access provider for end users or using its virtual assistant;
Amendment 276 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features, including near-field communication antennas or technology related to these antennas, that are available or used in the provision by the gatekeeper of any ancillary services or industry-standard features of its core platform services; in such cases, access and interoperability conditions shall be fair, reasonable and non-discriminatory;
Amendment 279 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, withor third parties authorised by advertisers and publishers, upon their request and free of charge, with continuous, detailed, comprehensive, accessible and real-time access information access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
Amendment 281 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data provided for or generated through or in the context of the activity of a business user or end user and shall, in particular, provide tools ffree of charge and technically accessible tools for business users, or third parties authorised by business users or end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access;
Amendment 285 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services or of ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679;
Amendment 288 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access for business users to its software application storeor of ancillary services offered by the gatekeeper software application store, cloud computing services, online search engines and online social networking services designated pursuant to Article 3 of this Regulation.
Amendment 293 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(ka) provide its business users and end users with clear, fair and non- discriminatory licensing conditions, including in terms of charges and fees, preventing material changes limiting the use of software applications or services in conjunction with a core platform service, and safeguarding the reasonably expected use of the software application or service, including after its transfer to another end user, where applicable.
Amendment 300 #
2020/0374(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Before implementing any change to fees or fee structures charged to business users and which follow from the gatekeeper’s obligations pursuant to paragraph 1, the gatekeeper shall notify the Commission and the affected business users at least one month in advance of such changes;
Amendment 303 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Within six months after its designation pursuant to paragraph 8 of Article 3, the gatekeeper shall provide the Commission with detailed information on the measures to be taken in order to ensure compliance with its obligations laid down in Articles 5 and 6. This information shall be provided in the form of a report and shall be updated on an annual basis, whereby a summary of this report shall be published on the Commission’s website without undue delay.
Amendment 304 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement in order to comply with the obligations laid down in Article 6. In view of adopting the decision, the Commission shall take into account the information provided by all relevant stakeholders, such as interested third parties, governments or national authorities. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 306 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. Legitimate third parties with direct implication shall be able to provide comments to the national competent authorities with regard to the preliminary findings. Member States shall define the rules to exercise such consultation procedure.
Amendment 310 #
2020/0374(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper mayshall, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances.
Amendment 317 #
2020/0374(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the grounds in paragraph 2 as well as the effects on the gatekeeper concerned and on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between the goals pursued by the grounds in paragraph 2 and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1. The Commission shall review any exemption decision adopted according to paragraph 1 on an annual basis and may amend its decision in accordance with its findings.
Amendment 319 #
2020/0374(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 347 to update the obligations laid down in Articles 5 and 6 where, based on a market investigation pursuant to Article 17, it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.
Amendment 323 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. A gatekeeper shall inform the Commission of any intended concentration within the meaning of Article 3 of Regulation (EC) No 139/2004 involving another provider of core platform services or of any other services provided in the digital sector irrespective of whether it is notifiable to a Union competition authority under Regulation (EC) No 139/2004 or to a competent national competition authority under national merger rules.
Amendment 326 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall inform the Commission of such a concentration within at least 2 months prior to its implementation and following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest. The Commission shall make this information available to relevant national authorities.
Amendment 329 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The notification of information pursuant to paragraph 1 shall at least describe for the acquisition targets their EEA and worldwide annual turnover, for any relevant core platform services their respective EEA annual turnover, their number of yearly active business users and the number of monthly active end users, as well as the rationale of the intended concentration.
Amendment 330 #
2020/0374(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The Commission shall inform the competent national authorities of any information received pursuant to paragraphs 1 and 2. With due respect to the protection of trade secrets, the Commission shall publish annually the list of acquisitions of which it has been informed by gatekeepers which have fallen below the notification thresholds of Council Regulation No 139/2004.
Amendment 331 #
2020/0374(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This descriptionWithout prejudice to trade secrets protection, the gatekeeper shall make an overview of the audited description of applied profiling techniques of consumers publicly available. This description and its publicly available overview shall be updated at least annually.
Amendment 336 #
2020/0374(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b a (new)
Article 14 – paragraph 3 – point b a (new)
(ba) a significant number of unfair practices alerts have been raised by national authorities pursuant the reporting mechanism or other relevant stakeholders.
Amendment 337 #
2020/0374(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b b (new)
Article 14 – paragraph 3 – point b b (new)
(bb) there is new relevant information that was not examined before the adoption of the decision;
Amendment 339 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission and national competition authorities may conduct a market investigation for the purpose of examining whether a provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6), or in order to identify core platform services for a gatekeeper pursuant to Article 3(7) and Article 3 (8). It shall endeavour to conclude its investigation by adopting a decision in accordance with the advisory procedure referred to in Article 32(4) within twelve months from the opening of the market investigation.
Amendment 341 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation within five months from the opening of the market investigation by a decision pursuant to paragraph 1. In that case the Commission shall endeavour to communicate its preliminary findings pursuant to paragraph 2 to the provider of core platform services within three months from the opening of the investigation.
Amendment 343 #
2020/0374(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper onlyspecific obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
Amendment 344 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed theany obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall, where appropriate, be entitled to require the remedies to be tested to optimise their effectiveness. The Commission shall conclude its investigation by adopting a decision within twelve months from the opening of the market investigation.
Amendment 347 #
2020/0374(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threewo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 349 #
2020/0374(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission and competent national authorities may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 24 months from the opening of the market investigation.
Amendment 356 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Where the Commission requires undertakings and associations of undertakings to supply information by decision, it shall state the purpose of the request, specify what information is required and fix the time-limit within which it is to be provided. Where the Commission requires undertakings to provide access to its data-bases and algorithms, it shall state the legal basis and the purpose of the request, and fix the time- limit within which it is to be provided. ItThe decision shall also indicate the penalties provided for in Article 26 and indicate or impose the periodic penalty payments provided for in Article 27. It shall further indicate the right to have the decision reviewed by the Court of Justice.
Amendment 357 #
2020/0374(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities or on their own initiative, relevant public authorities, bodies or agencies within of the Member States shall provide the Commission with all the necessary information to carry out the duties assigned to it by this Regulation.
Amendment 360 #
2020/0374(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, and competent national authorities, may interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, pursuant to Articles 7, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
Amendment 362 #
2020/0374(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. On-site inspections may also be carried out with the assistance of auditors or experts appointed by the Commission pursuant to Article 24(2) as well as competent national authorities in the territory of that Member State, where the gatekeeper has its premises.
Amendment 363 #
2020/0374(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a Reporting mechanism for business users, end-users and relevant stakeholders 1. Business users, competitors and end- users of the core platform services as defined in Article 2(2) may notify to the Commission as well as to the competent national authority any malpractice or behaviour by gatekeepers, which could possibly undermine the contestability of a core platform service, may be unfair pursuant to Article 10 (2) , or give rise to concerns with regard to non-compliance pursuant to Article 25. 2. The Commission shall share the information received pursuant to paragraph 1 with the competent national authorities through the European Competition Network. 3. The Commission may be able to prioritise investigations and may decide to not undertake investigations at all. 4. Without prejudice to Article 33, the competent national authority may request the Digital Markets Advisory Committee to adopt a reasoned opinion in this regard within one month after having received the request. 5. If the reasoned opinion states that the circumstances would justify an enforcement priority, the Commission shall within a further delay of four months examine whether there are reasonable grounds to open such investigation. Where the Commission does not follow the reasoned opinion of the Advisory Committee, it shall give its reasons.
Amendment 365 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparablmmediate damage for business users or end users of gatekeepers, the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
Amendment 366 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. In case of urgency due to the risk of serious and immediate damage for business users or end-users of gatekeepers, resulting from new practices implemented by one or several gatekeepers that may undermine contestability of core platform services or may be unfair pursuant to Article 10 (2), the Commission may, by decision adopted in accordance with the advisory procedure referred to in Article 32(4), order interim measures on the concerned gatekeepers in order to avoid the materialization of the said risk.
Amendment 367 #
2020/0374(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. A decision pursuant to paragraph 3 may only be adopted in the context of a market investigation pursuant to Article 17 and within 6 months of the opening of such an investigation. The interim measures shall apply for a specified period of time and, in any case, shall be replaced by the new obligations that may arise under the final decision resulting from the market investigation pursuant to Article 17.
Amendment 368 #
2020/0374(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. If during proceedings under Articles 16 or 25 the gatekeeper concerned offers commitments for the relevant core platform services to ensure compliance with the obligations laid down in Articles 5 and 6, the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) make those commitments binding on that gatekeeper and declare that there are no further grounds for action. The Commission shall, where appropriate, be entitled to require the commitments to be tested to optimise their effectiveness.
Amendment 369 #
2020/0374(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The Commission shall regularly review the commitments with regard to their purpose and where, following investigation, it finds that they are not effective, shall be entitled to require amendments to the commitments or revoke them where appropriate;
Amendment 370 #
2020/0374(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point c a (new)
Article 23 – paragraph 2 – point c a (new)
(ca) there is new relevant information that was not examined before the adoption of the decision;
Amendment 372 #
2020/0374(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the Commission, including ones from competent national authorities, to monitor the obligations and measures and to provide specific expertise or knowledge to the Commission.
Amendment 373 #
2020/0374(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Before adopting the decision pursuant to paragraph 1, the Commission shall communicate its preliminary findings to the gatekeeper concerned. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the gatekeeper should take in order to effectively address the preliminary findings. The Commission shall take into account the views of relevant third parties such as end-users or business users before adopting a decision.
Amendment 374 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point e a (new)
Article 26 – paragraph 1 – point e a (new)
(ea) the obligation to provide within the time-limit information that is required for assessing their designation as gatekeepers pursuant to Article 3(2) or supply incorrect, or misleading information;
Amendment 375 #
2020/0374(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 1% of the total turnover of the undertakings or association of undertakings concerned in the preceding financial year where they intentionally or negligently:
Amendment 377 #
2020/0374(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The powers conferred on the Commission by Articles 26 and 27 shall be subject to a threfive year limitation period.
Amendment 380 #
2020/0374(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. If the Commission considers it necessary, it may also hear other natural or legal persons before taking the decision as provided in paragraph 1.
Amendment 382 #
2020/0374(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 384 #
2020/0374(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When three or more Member States request the Commission to open an investigation pursuant to Articles 15, 16 and 17 or to institute proceedings in respect of possible non-compliance pursuant to Article 25 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, that new services or practices should be included within the scope of this Regulation or that a gatekeeper is not complying with its obligations, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
Amendment 389 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The Commission may adopt implementing acts concerning: Articles 3, 6, 12, 13, 15, 16, 17, 20, 22, 23, 25 and 30 with respect to:
Amendment 390 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) the form, content and other details of the technical measures that gatekeepers shall implement in order to ensure compliance with points (h), (i) and (j) of Article 6(1).
Amendment 391 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
Article 36 – paragraph 1 – point b a (new)
(ba) the form, content and other details of the regulatory reports delivered pursuant to Article 7.1 a;
Amendment 392 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point c a (new)
Article 36 – paragraph 1 – point c a (new)
(ca) the practical arrangements for the cooperation and coordination between the Commission and competent national authorities, provided for in Article 1(7).
Amendment 393 #
2020/0374(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. the practical arrangements for the cooperation and coordination between the Commission and Member States provided for in Article 1(7).Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 32(4). Before the adoption of any measures pursuant to paragraph 1, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the time limit it lays down, which may not be less than one month.
Amendment 396 #
2020/0374(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(65) and 910(1) shall be conferred on the Commission for a period of five years from DD/MM/YYYY. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 397 #
2020/0374(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The delegation of power referred to in Articles 3(65) and 910(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.
Amendment 398 #
2020/0374(COD)
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. A delegated act adopted pursuant to Articles 3(6) and 9(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree 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 twohree months at the initiative of the European Parliament or of the Council.
Amendment 400 #
2020/0374(COD)
Proposal for a regulation
Article 39 – paragraph 2 – introductory part
Article 39 – paragraph 2 – introductory part
2. This Regulation shall apply from sixthree months after its entry into force.
Amendment 129 #
2020/0361(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engines, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.
Amendment 172 #
2020/0361(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws in conformity with the Union law, including the Charter of Fundamental Rights of the European Union on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the processing of those orders.
Amendment 197 #
2020/0361(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Furthermore, the notice and action mechanism should be complemented by ‘stay down’ provisions whereby providers of hosting services should demonstrate their best efforts in order to prevent from reappearing content which is identical to another piece of content that has already been identified and removed by them as illegal. The application of this requirement should not lead to any general monitoring obligation.
Amendment 211 #
2020/0361(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 261 #
2020/0361(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, adapting their decision-making processes, or adapting their terms and condition and intentional manipulation and exploitation of the service, including amplification of harmful content, adapting their decision-making processes, or adapting their terms and conditions, as well as making content moderation policies and the way they are enforced fully transparent for the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.
Amendment 278 #
2020/0361(COD)
Proposal for a regulation
Recital 62 a (new)
Recital 62 a (new)
(62 a) The practice of very large online platforms to associate advertisement with content uploaded by users could indirectly lead to the monetisation and promotion of illegal content, or content that is in breach of their terms and conditions and could risk to considerably damage the brand image of the buyers of advertising space. In order to prevent such practice, the very large online platforms should ensure, including through standard contractual guarantees to the buyers of advertising space, that the content to which they associate advertisements is legal, and compliant with their terms and conditions. Furthermore, the very large online platforms should allow advertisers to have direct access to the results of audits carried out independently and evaluating the commitments and tools of platforms for protecting the brand image of the buyers of advertising space ('brand safety').
Amendment 326 #
2020/0361(COD)
Proposal for a regulation
Recital 91
Recital 91
(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, intellectual property, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.
Amendment 565 #
2020/0361(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action;
Amendment 585 #
2020/0361(COD)
Proposal for a regulation
Chapter III – Section 2 – title
Chapter III – Section 2 – title
2 Additional provisions applicable to providers of hosting services, including online platforms and to providers of live streaming platform services and of private messaging services
Amendment 615 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services, of live streaming platform services and of private messaging services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, or in respect of the recipient of the service who provided this information, in a timely, diligent non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.
Amendment 619 #
2020/0361(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
Amendment 734 #
2020/0361(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States may recognise entities that were awarded the status of trusted flaggers in another Member State as a trusted flagger on their own territory. Upon request by a Member State, trusted flaggers can be awarded the status of European trusted flagger by the Board, in accordance with Article 48, par. 2. The Commission shall keep register of European trusted flaggers.
Amendment 836 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 c (new)
Article 24 – paragraph 1 c (new)
Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data; (c) can indicate on which specific location their ads cannot be placed. In case of non-compliance with this provision, advertisers shall have the right to judicial redress.
Amendment 843 #
2020/0361(COD)
Proposal for a regulation
Article 25 – title
Article 25 – title
Very large online platforms, live streaming platforms, private messaging providers and search engines
Amendment 1074 #
2020/0361(COD)
Proposal for a regulation
Article 43 a (new)
Article 43 a (new)
Article 43a Rights to effective judicial remedies 1. Without prejudice to any available administrative or non-judicial remedy, any recipient of the service or representative organisations shall have the right to an effective judicial remedy where he or she suffered harm as a result of an infringement of Articles 26(1) and 27(1). 2. In determining whether the very large online platform has complied with its obligations under Article 27(1), and in light of the principle of proportionality, the availability of suitable and effective measures shall be taken into account. 3. Such proceedings may be brought before the courts of the Member State where the recipient of the service has his or her habitual residence. 4. Without prejudice to any other administrative or non-judicial remedy, any recipients of the service or representative organisations shall have the right to an effective judicial remedy where the Digital Service Coordinator which is competent pursuant to Articles 40 and 43 does not handle a complaint or does not inform the recipient of the service within three months on the progress or outcome of the complaint lodged pursuant to Article 43. Proceedings against a Digital Services Coordinator under paragraph 4 shall be brought before the courts of the Member State where the Digital Services Coordinator is established.
Amendment 1664 #
2020/0361(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. Audits performed pursuant to paragraph 1 shall be performed by organisations which have been selected by the Commission and:
Amendment 1711 #
2020/0361(COD)
Proposal for a regulation
Article 30 – title
Article 30 – title
Additional online advertising transparency and protection
Amendment 1738 #
2020/0361(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. Very large online platforms shall be prohibited from profiling children under the age of 16 for commercial practices, including personalized advertising, in compliance with industry- standards laid down in Article 34 and Regulation (EU) 2016/679.
Amendment 1835 #
2020/0361(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. The Commission shall support and promote the development and implementation of industry standards set by relevant European and international standardisation bodies for the protection and promotion of the rights of the child, observance of which, once adopted will be mandatory for very large online platforms, at least for the following: (a) age assurance and age verification; (b) child impact assessments; (c) child-centred and age-appropriate design; (d) child-centred and age-appropriate terms and conditions.
Amendment 1893 #
2020/0361(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Codes of conduct for the protection of minors 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms and other relevant services providers and organisations representing minors, parents and civil society organisations or relevant authorities to further contribute to the protection of minors on online. 2. The Commission shall aim to ensure that the codes of conduct pursue an effective protection of minors online, which respects their right as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No. 25 as regards the digital environment. The Commission shall aim to ensure that the codes of conduct address at least: (a) age verification and age assurance models, taking into account the industry standards referred to in article 34. (b) child-centred and age-appropriate design, taking into account the industry standards referred to in Article 34. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of the Regulation and their application no later than six months after that date.
Amendment 55 #
2020/0345(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) It is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. Therefore, it is essential to establish, at Union level, an information technology instrument that allows swift, direct, interoperable, reliable and secure cross-border electronic exchange of case related data. Such a system, enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities, when provided forby national or Union law, should contribute to improving access to justice, transparency and increase citizens' trust in the Union.
Amendment 62 #
2020/0345(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The e-CODEX system should be the preferred solution for an interoperable, decentralised and secure platform for cross-border judicial cooperation in civil and criminal matters.
Amendment 72 #
2020/0345(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since it is necessary to ensure the long term sustainability of the e-CODEX system and its governance while taking into accountrespecting the independence of the national judiciaries, an appropriate entity for the operational management of the system should be designated.
Amendment 82 #
2020/0345(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Given eu-LISA's priority tasks of developing and managing the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), the European Criminal Records Information System for Third Country Nationals (ECRIS-TCN), the revised Schengen Information System (SIS), the Visa Information System (VIS) and Eurodac, as well as the strategic task to establish a framework for interoperability between EU information systems, eu-LISA should not take over the responsibility for the e-CODEX system not earlier than on 1 July 2023 and no later than 31 December 2023.
Amendment 85 #
2020/0345(COD)
(11) The e-CODEX system can be used in cross-border civil and criminal proceedings. However, given its open source nature, it could also be used in other situations. This Regulation should not apply to any usethe electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system which is not basin accordance with the legal acts adopted oin the legal acts listed in Annex Iarea of judicial cooperation listed in Annex I. The Commission should be empowered to adopt delegated acts to extend the list to other existing or future legal acts.
Amendment 95 #
2020/0345(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Member States should maintain a list of authorised e-CODEX access points operated within their territory, and communicate them to eu- LISA in order to enable the interaction between them in the context of the relevant procedures. The Commission should maintain a similar list of authorised e- CODEX access points operated by the Union institutions, bodies and agencies for the same reason. The entities operating the access points at national level may be public authorities, organisations representing legal practitioners or private companies. The entities operating authorised e-CODEX access points should comply with the data protection requirements laid down in Regulations (EU) 2018/17251a and (EU) 2016/6791b of the European Parliament and of the Council. Bearing in mind the decentralised nature of the e-CODEX system, while eu- LISA should ensure the operational management of the e-CODEX system, the responsibility for setting up and operating the authorised e-CODEX access points should lie exclusively with the entities operating the relevant access points. The entities operating the authorised e-CODEX access point should bear the responsibility for any damage resulting from the operation of the authorised e-CODEX access point. _________________ 1aRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39) 1bRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(OJ L 119, 4.5.2016, p. 1).
Amendment 102 #
2020/0345(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Those entities that cannot be framed within the competences of a Union institution, body, office or agency or a Member State should be allowed to nominate correspondents who are entitled to receive support on how to use the e- CODEX system.
Amendment 113 #
2020/0345(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order for the Commission to be able to evaluate the e-CODEX system on a regular basis, eu-LISA should report to the Commission every two years on the technical evolution and the technical functioning of the e-CODEX system. In order to feed into that report, Member States should provide eu-LISA with the relevant information concerning the access points operated in their territory and the Commission should provide similar information concerning the access points operated by Union institutions, bodies and agencies. Entities created and managed by public international organisations operating authorised e-CODEX access points should be given a deadline to provide eu-LISA with information about the access points operated by them.
Amendment 125 #
2020/0345(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e- CODEX system in accordance with the legal acts adopted in the area of judicial cooperation listed in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 16a to amend the list contained in Annex I.
Amendment 134 #
2020/0345(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) ‘e-CODEX correspondent’ means a person, designated by a Member State, by the Commission or by entities created and managed by public international organisations operating an authorised e- CODEX access point, who can receive support from eu-LISA concerning the e- CODEX system components in accordance with point (f) of Article 6(2);
Amendment 153 #
2020/0345(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, as well as for maintaining a high level of security standards throughout the process, while carrying out its tasks, as referred to in Article 10.
Amendment 154 #
2020/0345(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. eu-LISA shall be responsible for the operational management of the components of the e-CODEX system referred to in Article 4(2)(b) and (3) and of the supporting software listed in Annex II, as well as for the operational management of the Domibus Connector software.
Amendment 164 #
2020/0345(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each Member State shall designate up to five e-CODEX correspondents. Only tThose correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f).
Amendment 169 #
2020/0345(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. Entities created and managed by public international organisations operating an authorised e-CODEX access points shall be entitled to designate one e- CODEX correspondent. Those correspondents shall be entitled to request and receive the technical support referred to in Article 6(2)(f).
Amendment 175 #
2020/0345(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. eu-LISA shall take over responsibility for the e-CODEX system at the date when the Commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 July 2023 but not later than on 31 December 2023.
Amendment 182 #
2020/0345(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. During the handover/takeover process the e-CODEX Advisory Group shall be chaired by eu-LISA and shall meet regularly, at least every second month, until the takeover process is successfully completed.
Amendment 188 #
2020/0345(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Programme Management Board shall be composed of eight members appointed by the Management Board, the Chair of the Advisory Group referred to in Article 11 and one member appointed by the Commission. The Management Board shall ensure that the members it appoints to the Programme Management Board have the necessary experience and expertise regarding the e-CODEX system. The members of the Programme Management Board can be appointed from among the experts taking part in the Advisory Group.
Amendment 202 #
2020/0345(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a 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 2 shall be conferred on the Commission for a period of 5 years from ... [date of entry into force of this Regulation]. 3. The delegation of power referred to in Article 2 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 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 simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 2 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Amendment 74 #
2020/0300(COD)
Proposal for a decision
Recital 3
Recital 3
(3) The Commission’s evaluation of th the 7 EAP24 concluded that its 2050 vision th and priority objectives are still valid; that it has helped to provide more predictable, faster and better-coordinated action in environment policy; and that its structure and enabling framework have helped create synergies, thus making environment policy more effective and efficient. Moreover, the evaluation concluded that the 7th EAP anticipated the United Nation’s 2030 Agenda by insisting that economic growth and social wellbeing depend on a healthy natural resource base, and facilitated delivering on the Sustainable Development Goals. It also enabled the Union to speak with one voice on the global stage on climate and environmental matters. IEven as EU made progress towards almost all of the 17 sustainable development goals (SDG) based on data from the past five years, in its evaluation of the 7th EAP, the Commission also concluded that progress related to nature protection, health and policy integration was not sufficient. _________________ 24 COM(2019) 233 final.
Amendment 81 #
2020/0300(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The European Green Deal underpins the Next Generation EU Recovery Plan which promotes the investments in key green sectorsustainable activities needed to build resilience, and create growth and jobs in a fair and inclusive society. The Recovery and Resilience Facility which will power the Union’s economic recovery from the coronavirus crisis together with the Union budget for 2021-2027, is also based on the priority objectives set out in the European Green Deal. Furthermore, all initiatives under Next Generation EU Recovery Plan should respect the European Green Deal’s “do no harm” oath.
Amendment 86 #
2020/0300(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The 8th EAP should support the environment and climate action objectives of the European Green Deal in line with the long-term objective to “live well, within the planetary boundaries” by 2050, which is already established in the 7th EAP. It should contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals, while ensuring the achievement of other EU objectives, such as food security.
Amendment 95 #
2020/0300(COD)
Proposal for a decision
Recital 9
Recital 9
(9) The 8th EAP should accelerate the transition to a regenerative economy that gives back to the planet more than it takes. A regenerative growth model recognises that the wellbeing and prosperity of our societies depend on a stable climate, a healthy environment and thriving ecosystems, which provide a safe operating space for our economies. As the global population and the demand for natural resources continues to grow, economic activity should develop in a way that does no harm but, on the contrary, reverses climate change and environmental degradation, minimises pollution and results in maintaining and enriching natural capital, therefore ensuring the abundance of renewable and non-renewable resources. Through continuous innovation, research, authorisation of research findings, adaptation to new challenges and co- creation, the regenerative economy strengthens resilience and protects present and future generations’ wellbeing.
Amendment 107 #
2020/0300(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Environment policy being highly decentralised, action to achieve the priority objectives of the 8th EAP should be taken at different levels of governance, i.e. at the European, the national, the regional and the local level, with a collaborative approach to multi-level governance. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between economic, environmental and social objectives, while paying careful attention to potential trade-offs and to the needs of vulnerable groups. Moreover, transparent engagement with non- governmentall actors is important for ensuring the success of the 8th EAP and the achievement of its priority objectives.
Amendment 111 #
2020/0300(COD)
Proposal for a decision
Recital 12
Recital 12
(12) Enhanced cooperation with partner countries, good global environmental governance as well as synergiescoherence between internal and external Union policies are key to reach the Union’s environmental and climate objectives.
Amendment 114 #
2020/0300(COD)
Proposal for a decision
Recital 14
Recital 14
(14) The assessment of progress towards the priority objectives of the 8th EAP should reflect the latest developments as regards the availability and relevance of data and indicators. It should be coherent with and without prejudice to monitoring or governance tools covering more specific aspects of environment and climate policy, such as in particular Regulation 1999/2018 of the European Parliament and of the Council30 , the Environmental Implementation Review or monitoring tools relating to circular economy, zero pollution, biodiversity, forest, air, water, soil, waste, or any other environment policies. Together with other tools used in the European Semester, the Eurostat SDG Monitoring and in the Commission’s Strategic Foresight Report31 , it would be part of a coherent interconnected set of monitoring and governance tools. _________________ 30Regulation (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, OJ L 328, 21.12.2018, p. 1–77. 31 COM/2020/493 final.
Amendment 129 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The 8th EAP aims at accelerating the transition to a climate-neutral, resource-efficient, clean and circular economy in a just and inclusive way, and endorses the environmental and climate objectives of the European Green Deal and its initiatives, which should always be preceded by impact assessments.
Amendment 137 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The 8th EAP has the long-term priority objective for 2050 that citizens live well, within the planetary boundaries in a regenerative and circular economy where nothing is wasted, no net emissions of greenhouse gases are produced and economic growth is decoupled from resource usedeterioration and environmental degradation. Underlines the important role of sustainable and circular bioeconomy in achieving these objectives. A healthy environment underpins the well-being of citizens, biodiversity thrives and natural capital is protected, restored and valued in ways that enhance resilience to climate change and other environmental risks. The Union sets the pace for ensuring the prosperity of present and future generations globally.
Amendment 155 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) advancing towards a regenerative growth model that gives back to the planet more than it takes, decoupling economic growth from resource usedeterioration and environmental degradation, and accelerating the transition to a circular economy;
Amendment 170 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) providing financial support to the ecological transition of agri-food sectors.
Amendment 171 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1
Article 3 – paragraph 1 – point b – indent 1
— mainstreaming the priority objectives set out in Article 2 in all relevant strategies, legislative and non- legislative initiatives, programmes, investments and projects at Union, national, regional and local levels so that they and their implementation do no harmcontribute to any of the priority objectives set out in Article 2;
Amendment 175 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 3
Article 3 – paragraph 1 – point b – indent 3
— paying careful attention to synergies and potential trade-offs between economic, environmental and social objectives so as to ensure that citizens’ needs for nutrition, food security, housing and mobility are met in a sustainable way that leaves no- one behind;
Amendment 178 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4
Article 3 – paragraph 1 – point b – indent 4
— regularly evaluating existing policies and preparing impact assessments for new initiatives, which are based on wide consultations with all actors concerned, including stakeholders, and national, regional and local administrations, following procedures that are accountable, inclusive, informed and simple to implement, and which pay due regard to projected impacts on environment and climate as well as socioeconomic impacts;
Amendment 185 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) mobilising sustainable investments from public and private sources, including of funds and instruments available under the Union budget, via the European Investment Bank and at national level;, while making sure that sufficient funds are allocated, with a special attention to small and medium enterprises.
Amendment 189 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) phasing out environmentally harmful subsidisubsidies not contributing to the Union objectives at Union and national level, making the best use of market-based instruments and, green budgeting tools, including those required to and payments for eco- system services, while ensureing a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices;
Amendment 196 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ensuring that environmental policies and action are based on the best available scientific knowledge and strengthening the environmental knowledge base and its uptake, including by research, innovation, new technologies, fostering green skills, and further building up environmental and ecosystem accounting;
Amendment 197 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) ensuring the full participation of, and cooperation with, primary producers, businesses and local and regional authorities across all dimensions of environmental policy-making through a collaborative and multi-actor approach;
Amendment 200 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) harnessing the potential of digital and data technologies to support environment policy, with a special attention to the modernisation of primary sectors and rural communities, while minimising their environmental footprint;
Amendment 212 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 3 a (new)
Article 3 – paragraph 1 – point k – indent 3 a (new)
- including compulsory provisions on the respect of the Paris Agreement in the bilateral trade agreements with third countries and the tools to monitor them;
Amendment 213 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 4
Article 3 – paragraph 1 – point k – indent 4
— strengthening international environmental governance by closing remaining gaps and strengthening respect for and application of recognised international environmental principles; , and by including compulsory provisions in the bilateral trade agreements with third countries and the tools to monitor them;
Amendment 215 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 5
Article 3 – paragraph 1 – point k – indent 5
— ensuring that the Union and the Member States’ financial assistance to third countries promotes the UN 2030 Agenda and the respect of EU environmental standards.
Amendment 227 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(b a) improving data quality and comparability;
Amendment 231 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 31 March 2029, the Commission shall carry out an evaluation of the 8th EAP. The Commission shall submit a report to the European Parliament and to the Council containing the main findings of that evaluation, and taking into account all impact assessments, accompanied, if the Commission deems appropriate, by a legislative proposal for the next environmental action programme.
Amendment 28 #
2020/0006(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The transition to a climate-neutral and circular economy constitutes one of the most important policy objectives for the Union. On 12 December 2019, the European Council endorsed the objective of achieving a climate-neutral Union by 2050, in line with the objectives of the Paris Agreement. While fighting climate change and environmental degradation will benefit all in the long term and provides opportunities and challenges for all in the medium term, not all regions and Member States start their transition from the same point or have the same capacity to respond. Some are more advanced than others, whereas the transition entails a wider social and economic impact for those regions that rely heavily on fossil fuels - especially coal, lignite, energy peat and oil shale - or greenhouse gas intensive industries. Such a situation not only creates the risk of a variable speed transition in the Union as regards climate action, but also of growing disparities between regions, detrimental to the objectives of social, economic and territorial cohesion.
Amendment 45 #
2020/0006(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation establishes the Just Transition Fund (‘JTF’) which is one of the pillars of the Just Transition Mechanism implemented under cohesion policy. The aim of the JTF is to mitigate the adverse effects of the climate transition by supporting the most affected territories and workers concerned. In line with the JTF specific objective, actions supported by the JTF should directly contribute to alleviate the impact of the transition by financing the diversification and, modernisation and reconversion of the local economy and by mitigating the negative repercussions on employment. This is reflected in the JTF specific objective, which is established at the same level and listed together with the policy objectives set out in Article [4] of Regulation EU [new CPR].
Amendment 56 #
2020/0006(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) As the JTF is part of the European Green Deal, a financial allocation under the JTF should be conditional on a Member State having a commitment to a target of climate neutrality by 2050.
Amendment 65 #
2020/0006(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality, including their promotion of alternatives to the fossil economy through bio-based circular economy.
Amendment 71 #
2020/0006(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation identifies types of investments for which expenditure may be supported by the JTF. All supported activities should be pursued in full respect of the climate and environmental priorities of the Union. The list of investments should include those that support local economies and are sustainable in the long- term, taking into account all the objectives of the Green Deal. The projects financed should contribute to a transition to a climate-neutral and circular economy. For declining sectors, such as energy production based on coal, lignite, peat and oil shale or extraction activities for these solid fossil fuels, support should be linked to the phasing out of the activity and the corresponding reduction in the employment level. As regards transforming sectors with high greenhouse gas emission levels, support should promote new activities through the deployment of new technologies, new processes or products, leading to significant emission reduction, in line with the EU 2030 climate objectives and EU climate neutrality by 205013 while maintaining and enhancing employment and avoiding environmental degradation. In addition, support should be provided for transitioning to innovative practices in land-use and agriculture, thus contributing to reducing the carbon footprint of the Union's agricultural sector. Particular attention should also be given to activities enhancing innovation and research in advanced and sustainable technologies, as well as in the fields of digitalisation and connectivity, provided that such measures help mitigate the negative side effects of a transition towards, and contribute to, a climate- neutral and circular economy. _________________ 13 As set out in “A Clean Planet for all European strategic long-term vision for a prosperous, modern, competitive and climate neutral economy”, Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank - COM(2018) 773 final.
Amendment 79 #
2020/0006(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) With a view to tackling climate change and to achieving a climate-neutral economy, the JTF should support the development of a strong circular bioeconomy to drive sustainability in the agriculture sector. Sustainably and efficiently produced biomass from the agricultural, forestry and marine sectors, that gives value to side-stream and bio- waste, could contribute significantly to meeting the Union’s climate commitments.
Amendment 84 #
2020/0006(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To protect citizens who are most vulnerable to the climate transition, the JTF should also cover the up-skilling and reskilling of the affected workers, with the aim of helping them to adapt to new employment opportunities, as well as providing job-search assistance and counselling to jobseekers and their active inclusion into the labour market.
Amendment 90 #
2020/0006(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enhance the economic diversification, modernisation and reconversion of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 114 #
2020/0006(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to enhancoptimise the result orientation of the use of JTF resources and to enhance the result orientation of the JTF, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.
Amendment 124 #
2020/0006(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving fromin the transition process towards a climate-neutral and circular economy of the Union by 2050.
Amendment 126 #
2020/0006(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
In accordance with the second subparagraph of Article [4(1)] of Regulation (EU) [new CPR], the JTF shall contribute to the single specific objective ‘enabling regions and people, people and companies to address the social, economic and environmental impacts of the transition towards a climate- neutral and circular economy’.
Amendment 134 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The resources for the JTF under the Investment for jobs and growth goal available for budgetary commitment for the period 2021-2027 shall be EUR 7.5 billion in 2018 prices, which may be increased, as the case may be, by additional resources allocated in the Union budget, and by other resources in accordance with the applicable basic act.
Amendment 137 #
2020/0006(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Access to the JTF shall be conditional on the Member State having a commitment to a target of climate neutrality by 2050.
Amendment 143 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of the territorial just transition plans established in accordance with Article 7.
Amendment 165 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy, in greenhouse gas emission reduction, energy efficiency and, renewable energy and bioenergy;
Amendment 185 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
Article 4 – paragraph 2 – subparagraph 1 – point f a (new)
(f a) investments in innovative practices in land-use and agriculture contributing to reducing the carbon footprint of the Union's agricultural sector;
Amendment 190 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
Article 4 – paragraph 2 – subparagraph 1 – point g a (new)
(g a) investments in innovative projects developing practices which foster increased carbon-neutrality in agriculture;
Amendment 196 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
(h a) investments in the circular bioeconomy;
Amendment 198 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point i
Article 4 – paragraph 2 – subparagraph 1 – point i
(i) job-search assistance toand counselling for jobseekers;
Amendment 238 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively 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 of the Member State concerned, and corresponds to the objectives of the European Green Deal.
Amendment 247 #
2020/0006(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities and stakeholders of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. _________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
Amendment 3 #
2019/2157(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
— having regard to the European Parliament resolution of the 15 January 2020 on the European Green Deal,
Amendment 7 #
2019/2157(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the IPBES Global Assessment on Biodiversity and Ecosystem Services report of 31 May 2019,
Amendment 8 #
2019/2157(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
Amendment 9 #
2019/2157(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
— having regard to the European Parliament resolution on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity,
Amendment 10 #
2019/2157(INI)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
— having regard to the Intergovernmental Panel on Climate Change (IPCC) special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems,
Amendment 29 #
2019/2157(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Treaty on the Functioning of the European Union makes no reference to a common EU forest policy, and responsibility for forests lies with the Member States, but whereas the EU has a long history of contributing, through its policies, mainly the Rural Development Policy, to sustainable forest management (SFM) and the Member States’ decisions on forests;
Amendment 33 #
2019/2157(INI)
Ba. whereas the European Union should introduce a better coordinated strategy to address the increased risks to which forests and their ecosystem services will inevitably be exposed in the coming years, and to improve the resilience of forest to climate change;
Amendment 43 #
2019/2157(INI)
Motion for a resolution
Recital C
Recital C
C. whereas forests and the entire forest-based value chain are fundamental to the further development of the circular bioeconomy as they provide jobs, ensure economic welfare in rural and urban areas, deliver climate change mitigation and adaptation services, offer health-related benefits, and protect the biodiversity and prospects of mountainous, islands and rural areas;
Amendment 54 #
2019/2157(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there are 16 million private forest owners in the EU, who own about 60 % of EU forests; whereas the average size of privately-owned forests is 13 ha, while about two-thirds of private forest owners own less than 3 ha of forest;
Amendment 56 #
2019/2157(INI)
Ca. whereas climate change mitigation and adaptation measures in forests are interlinked where aspects must be balanced and synergies between them encouraged especially within Member States Adaptation Strategies and Plans;
Amendment 59 #
2019/2157(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas outermost regions contain very rich reservoirs of biodiversity and that it is fundamental to preserve them;
Amendment 60 #
2019/2157(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas biodiversity loss in forest have significant environmental, economic and social consequences;
Amendment 62 #
2019/2157(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas soil quality plays a crucial role in the provision of ecosystem services such as water filtration and storage and hence flood and drought protection, CO2- sequestration, biodiversity and the growth of biomass; whereas the improvement of soil quality, for instance in some regions by converting coniferous forest to permanent deciduous forest, is an economically challenging process that takes decades;
Amendment 121 #
2019/2157(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the fact that a definition of SFM was internationally agreed as part of the pan- European FOREST EUROPE process; notes that the definition has been incorporated into national legislation and voluntary systems, such as forest certifications, in place in the Member States;
Amendment 127 #
2019/2157(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes afforestation and reforestation as suitable tools in enhancing forest cover especially in abandoned lands, close to urban and peri- urban areas as well as in mountainous areas; highlights the importance of protective functions of forests as well as active and sustainable forest management in these areas to enhance health and resilience of the ecosystems; stresses the importance of adapting the species composition to regional and climatic conditions;
Amendment 130 #
2019/2157(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Concludes that the differences between Member States, including the differences between regions within Member States has been an important factor when considering measures on an EU-level;
Amendment 131 #
2019/2157(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Commends the forest-related research and innovation already undertaken, especially under the Horizon 2020 and LIFE+ programmes; applauds those cases where the results contribute to the development of the sustainable bioeconomy, seeking a balance between different aspects of sustainable forest management and underlining multifunctional role of forests;
Amendment 145 #
2019/2157(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the EU’s forests are multifunctional and characterised by great diversity, including differences in ownership patterns, size, structure, biodiversity, resilience and challenges; points out, in addition, that forests offer society a wide variety of ecosystem services including raw materials, improved air quality, clean water, erosion control, and protection from droughts, floods and avalanches and recreational and cultural benefits;
Amendment 148 #
2019/2157(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises that according to the EEA’s report on state and outlook 2020 of the European environment, biodiversity targets will not be met without wider and more effective implementation of existing policies and stronger societal responses to biodiversity loss in forests and other areas;
Amendment 160 #
2019/2157(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that forests and other wooded areas cover at leastround 43 % of the surface of the EU, reaching at least 182 million has thanks to afforestation and natural regeneration, and that the sector employs at least 500 000 people directly3 and 2.6 million indirectly in the EU4 ; _________________ 3 Eurostat database on forestry, available at: https://ec.europa.eu/eurostat/web/forestry/d ata/database 4European Parliament fact sheet of May 2019 on the European Union and forests.
Amendment 162 #
2019/2157(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 168 #
2019/2157(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the important environmental and economic role played by forest in outermost regions and the need to preserve the rich and singular biodiversity present in those areas;
Amendment 186 #
2019/2157(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges the crucial climate benefits of forests and the forest-based sector; highlights the need to maintain and where possible increase CO2 sequestration in forests, carbon storage in wood-based products and the substitution of fossil- based materials and energy or substitution of materials with high energy input;
Amendment 205 #
2019/2157(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the suitability and viability of the two-step approach to verify sustainability of forest biomass, as agreed in the recast of Renewable Energy Directive; notes that this should be achieved by continuing the halted development of non-end use specific sustainability criteria by the Standing Forestry Committee and the Commission;
Amendment 206 #
2019/2157(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses deep concerns that in parts of the union lacking implementation of existing EU-legislation and suspicion of corruption has resulted in illegal logging and unsustainable forestry activities; calls on the Commission and Member States to combat corruption and to fully implement existing legislation;
Amendment 214 #
2019/2157(INI)
Motion for a resolution
Subheading 3
Subheading 3
The future – the crucial role played by the post-2020 EU Forest Strategy and the European Green Deal in meeting the goals of the Paris Agreement and the UN 2030 Agenda for Sustainable Development
Amendment 219 #
2019/2157(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the recent publication of the Commission’s European Green Deal and looks forward to the upcoming post- 2020 EU Forest Strategy, which should be aligned with the European Green Deal and an ambitious EU Biodiversity Strategy;
Amendment 238 #
2019/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the crucial role of forests, the forest-based sector and the bioeconomy in achieving the goals of the European Green Deal; stresses that achieving the EU’s environmental and climate goals will never be possible without multifunctional, healthy and sustainably managed forests applying a long-term perspective and viable industries; encourages, in addition, actions to increase forest cover; encourages the Commission to explore different options both within current measures or new ones in order to encourage incentivising forest owners to apply, within the concept of SFM, management methods ensuring long term climate benefits;
Amendment 246 #
2019/2157(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the crucial role of forests, the forest-based sector and the bioeconomy in achieving the goals of the European Green Deal; stresses that achieving the EU’s environmental and climate goals will never be possible without multifunctional, healthy and sustainably managed forests and viable industries; encourages, in addition, actions to increase forest cover and better integrate biodiversity into forestry;
Amendment 253 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Emphasises that forest policies must be consistent, must combat biodiversity loss and climate-change impacts equally, and must increase the EU’s natural sinks while protecting, conserving and enhancing biodiversity; Stresses the need to create synergies and coherence between EU policy agendas;
Amendment 256 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Recalls that about 60% of EU forests are privately owned and that about two-thirds of private forest owners own less than 3 ha of forest; stresses that all measures must duly take this into account and hence must be designed in a way that are accessible to and can be practically implemented by small-scale forest owners; recalls that the Commission has identified administrative burden and forest ownership structure as limiting factors for the uptake of certain measures1a; _________________ 1a COM(2018) 811 final, p.3
Amendment 258 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Expresses its deep concern over the additional stresses on forest and their biodiversity caused by climate change as laid out in the IPCC special report on land of 8 August 2019; considers that additional measures should be in place to drastically minimise the risks of increased heat waves, forest fires, droughts, and floods in particular in southern Europe;
Amendment 259 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Reminds that the risk of fires is expected to increase due to climate change and considers crucial to strengthening prevention and preparedness efforts like disaster risk assessments where a joint European approach is more effective; reminds the important role of awareness raising campaigns, which should promote the development as from the school age of a common understanding of aspects related to nature conservation, fire prevention and extinction, while promoting a deeper understanding of local communities on the specificities of regional and national forests in different Member states;
Amendment 261 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Reiterates the importance of providing adequate financing to the European Union Civil Protection Mechanism to coordinate pan-European assistance with the European Commission's Emergency Response Coordination Centre (ERCC) in case of cross border forest fires;
Amendment 262 #
2019/2157(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Believes that European disaster resilience and early warning tools should be reinforced. Welcomes the monitoring work delivered by the European Forest Fire Information System (EFFIS) and calls for greater collaboration with National and regional authorities of EU Member States for forest fire prevention, preparedness and response activities;
Amendment 267 #
2019/2157(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that an ambitious, independent and self-standing EU Forest Strategy is needed for the post-2020 period which is not subordinate to any other sectoral strategy; calls for a new EU Forest Strategy that builds on the holistic approach to SFM, taking into account all of the economic, social and environmental aspects of the forest-based value chain; stresses that a coordinated and coherent approach to forests, the forest-based sector, including the people directly or indirectly work and live in the forest and the forestry sector, and the multiple services they provide needs to be developed, given the growing number of national and EU policies directly or indirectly affecting forests and their management in the EU;
Amendment 280 #
2019/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that the EU Forest Strategy should act as a bridge between national forest policies and EU objectives relating to forests, recognising both the need to respect national competence and, the need to contribute to wider EU objectives and to ensure long term stability and predictability for sustainable forest management, the forestry sector and the whole bioeconomy;
Amendment 287 #
2019/2157(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the European Commission to analyse how to improve the coordination of Member States and their exchange of information with the view to enhance the contribution of forests in reaching the carbon neutrality objective, while taking also into consideration their economic and social dimension;
Amendment 297 #
2019/2157(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of evidence-based decision-making with regard to EU policies relating to forests, the forest-based sector and its value-chain; calls for all forest-related aspects of European Green Deal measures, including the Biodiversity Strategy, to be consistent with the post-2020 EU Forest Strategy, particularly with a view to ensuring that SFM has a positive impact on society; and contributes to the achievement of the UN SDGs;
Amendment 298 #
2019/2157(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of evidence-based decision-making with regard to EU policies relating to forests, the forest-based sector and its value-chain; calls for all forest-related aspects of European Green Deal measures to be consistent with the post-2020 EU Forest Strategy, particularly with a view to ensuring that SFM has a positive impact on society, including ensuring long term and stable benefit for the climate and the environment;
Amendment 304 #
2019/2157(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to take into consideration the links between the forest- based sector and other sectors as well as the importance of digitalisation and investing in research and innovation; stresses the crucial role of wood-based materials in substituting fossil-based alternatives in industries such as the construction industry, the textile industry, the chemical industry and the packaging industry; encourages European Commission to explore different market- based mechanisms to incentivise a substitution from fossil to renewable raw materials such as wood in constructions, which offer climate benefits;
Amendment 307 #
2019/2157(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to take into consideration the links between the forest- based sector and other sectors as well as the importance of digitalisation and investing in research and innovation; stresses the crucial role of wood-based materials in substituting fossil-based alternatives in industries such as the construction industry, the textile industry, the chemical industry and the packaging industry and the need to fully take into account the climate and environmental benefits of this material substitution;
Amendment 309 #
2019/2157(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to take into consideration the links between the forest- based sector and other sectors as well as the importance of digitalisation and investing in research and innovation; stresses the crucial role of wood-based materials in substituting fossil-based alternatives and alternatives with a higher environmental footprint in industries such as the construction industry, the textile industry, the chemical industry and the packaging industry;
Amendment 315 #
2019/2157(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reiterates the need of fostering environmental, economic and social aspects of forests and forest management in a balanced manner while strengthening the overall climate benefits stemming from forests and the forest-based value chain, namely fostered CO2- sequestration, carbon storage and substitution of fossil-based raw materials and energy; highlights the urgent need to strengthen research efforts as regards especially substitution effects;
Amendment 321 #
2019/2157(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of developing and ensure a market based bioeconomy in the EU incentivising innovations and development of new bio based products with an effective supply chain making effective use of the biomass materials;
Amendment 325 #
2019/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently and intensely, causing damage to forests in the EU; emphasises, in this context, the need to better prevent such events by making forests more resilient, for example, by strengthening the implementation of sustainable and active forest management, through research and innovation and by offering better support mechanisms for affected areas and properties so they can be restored; highlighting the need for concrete and effective actions in climate adaptation strategies and plans, incorporating the synergies between mitigation and adaptation;
Amendment 334 #
2019/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently, causing damage to forests in the EU; emphasises, in this context, the need to better prevent such events by making forests more resilient, for example through research and innovation and by offering better support mechanisms for forest owners to apply prevention measures as well as restoration of affected areas and properties so they can be restored;
Amendment 335 #
2019/2157(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that due to climate change, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently, causing damage to forests in the EU; emphasises, in this context, the need to betterdevelop risk management tools to prepare for and prevent such events by making forests more resilient, for example through research and innovation and by offering better support mechanisms for affected areas and properties so they can be restored;
Amendment 357 #
2019/2157(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recognises the role of biodiversity in ensuring that forest ecosystems remain healthy and resilient; highlights the importance of the Natura 2000 sites; notes, however, that sufficient financial resources are needed to manage such areas; stresses that economic losses caused by protection measures should be fairly compensated;
Amendment 370 #
2019/2157(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. EHighlights that a growing number of EU policies address forests from different directions; encourages the completion of the ongoing process to develop a non-end-use- driven sustainability approach with the close involvement of the Standing Forestry Committee and the Member States, building on the two-step approach of the recast Renewable Energy Directive; believes that the two-step approach could be used in other policies aiming to improvensure the sustainability of forestry-biomass and the cross-sectorial coherence of EU policies;
Amendment 371 #
2019/2157(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the completion of the ongoing process to develop a non-end-use- driven sustainability approach with the close involvement of the Standing Forestry Committee and the Member States, building on the two-step approach of the recast Renewable Energy Directive; believes that the two-step approach could be used in other policies aiming to improve theat ensuring sustainability of forestry biomass material; highlights the importance and encourages the use of market developed tools, such as forest certification systems in place, as suitable means of proof to verify sustainability of forestry resources;
Amendment 379 #
2019/2157(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the crucial importance of the CAP and forestry measures in implementensuring good and competitive market conditions withing the EU Forest Strategy; encourages the continuity of forestry measures under the 2021-2027 CAP; highlights the need for otherunion for a successful development of a sustainable circular bioeconomy; highlights the importance of fully implementing the EU Forest Strategy; notes the supporting role that easily accessible, well-coordinated and relevant EU funding mechanisms can play, taking into account the long-term nature of forestry;
Amendment 387 #
2019/2157(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the crucial importance of forest and agro-forestry measures under the CAP and other forestry measures in implementing the EU Forest Strategy; encourages the continuity of forestry measures under the 2021-2027 CAP; highlights the need for other easily accessible, well-coordinated and relevant EU funding mechanisms;
Amendment 392 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Takes note of the progress made on valuing ecosystem services under the MAES initiative; stresses, however, that there currently is no adequate remuneration for the provision of ecosystem services such as the sequestration of CO2, fostering biodiversity or soil improvement and that foresters who focus on converting their forests accordingly currently might be managing their forests at a loss-making despite the provision of substantial ecosystem services; calls on the Commission and Member States to explore options to incentivize and remunerate climate-, biodiversity- and other ecosystem services appropriately in order to allow for an economically viable forest conversion;
Amendment 397 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that sustainable management of forests should have a visible place in the new CAP strategic plans, given their contribution in the fight against climate change, their role in preserving biodiversity, in CO2 storage, in the protection of water and soil, and also their contribution to rural development, growth and employment;
Amendment 400 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Highlights the importance of strengthened cooperation between Member States in order to enhance the benefits of the new forest strategy;
Amendment 405 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Regrets that the CAP is almost the only source of EU support to forest ecosystems and that further cuts in the CAP budget would have a very negative effect for investments in sustainable forest management;
Amendment 407 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Considers that support to agro- forestry systems should be enhanced through the new CAP eco-schemes in order to recognise and improve their contribution in the prevention of forest fires and erosion, CO2 storage, protection of groundwater and in a more environmentally friendly animal production;
Amendment 410 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 d (new)
Paragraph 21 d (new)
Amendment 413 #
2019/2157(INI)
Motion for a resolution
Paragraph 21 e (new)
Paragraph 21 e (new)
21e. Supports enhancing relevant governance bodies, in particular the Standing Forestry Committee and the Civil Dialogue Group on Forestry and Cork, to facilitate the exchange of information between Member States, the European Commission and stakeholders;
Amendment 417 #
2019/2157(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 422 #
2019/2157(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the need for improved communication regarding the importance of the sustainable management of forest areas, together with the possibility of extending, implementing and coordinating information campaigns on the multifunctional nature of forests and the many economic, social and environmental benefits provided by forest management at all relevant levels of the EU;
Amendment 423 #
2019/2157(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for the continued funding for research in soils and their role in forests climate change resilience and adaption, biodiversity protection and enhancement as well as the provision of other ecosystem services;
Amendment 424 #
2019/2157(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Takes note of the Commission’s recommendation that a strong capitalisation of innovation along the value chain would help to support the forest-based sector’s competitiveness1a; welcomes in this regard the EIB’s commitment to allocate 50 % of its funding to climate related projects and underlines the opportunities for the forest-based sector, which plays an important role in the substitution of fossil- based materials and energies; _________________ 1a COM(2018) 811 final, p.7
Amendment 426 #
2019/2157(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the fact that global deforestation and forest degradation are serious problems; points out that policy initiatives should be developed to tackle issues outside the EU, with a focus on the tropics, while taking into account the different degree of ambition as regards to environmental policy in different tropical countries, and the drivers of unsustainable practices in forests from outside the sector; encourages the Commission and Member States of the European Union to foster cooperation with third countries through technical assistance, exchange of information and good practices to consolidate higher standards of sustainability in in preservation, conservation and sustainable use of forest as well as in sectors linked to forests and their value chains, promoting circular bioeconomy; stresses the need to foster the implementation of the EU Timber Regulation and the FLEGT (Forest Law Enforcement, Governance and Trade) action plan in order to prevent the entry of illegally sourced wood into the EU market;
Amendment 430 #
2019/2157(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the fact that global deforestation and forest degradation are serious problems; points out that policy initiatives should be developed to tackle issues outside the EU, with a focus on the tropics and the drivers of unsustainable practices in forests from outside the sector; stresses the need to foster the implementation of the EU Timber Regulation and the FLEGT (Forest Law Enforcement, Governance and Trade) action plan in order to prevent the entry of illegally sourced wood into the EU market; highlights the need for the EUFS to comprehensively include EU’s external objectives and action on promoting SFM worldwide, both bilaterally and through multilateral forest-related processes;
Amendment 438 #
2019/2157(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the need to promote deforestation-free supply chains which could be done through the introduction of a certification system, the reinforcement of the cooperation with third countries and the inclusion of specific provisions on sustainable forest management in the trade agreements between the EU and its world partners;
Amendment 457 #
2019/2157(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to continue the development an EU- wide Forest Information System for Europe under the shared responsibility of all of the relevant Commission Directorates-General and under the framework of the EU Forest Strategy; stresses the importance of science-based, balanced information with socio-economic indicators for the development of any forest-related EU policy;
Amendment 460 #
2019/2157(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the results of the Evaluation study of the impact of the CAP on habitats, landscapes, biodiversity, where CAP instruments and measures are described as significant contributors to biodiversity goals, and encourages to explore ways to improve the already existing tools to fill the information gaps on such valuable contribution;
Amendment 468 #
2019/2157(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission’s Standing Forestry Committee to giveUnderlines the Member States acompetence for and central role in the preparation and implementation of the post-2020 EU Forest Strategy and calls on the Commission’s Standing Forestry Committee to support Member States in this task; stresses the importance of the parallel involvement of relevant stakeholders in the Civil Dialogue Group on Forestry and Cork; urges the Commission to involve Parliament in the implementation of the EU Forest Strategy on an annual basis;
Amendment 472 #
2019/2157(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission’s Standing Forestry Committee to give the Member States a central role in the preparation and implementation of the post-2020 EU Forest Strategy; stresses the importance of the parallel involvement of relevant stakeholders in the Civil Dialogue Group on Forestry and Cork; urges the Commission to involve Parliament in the implementation of the EU Forest Strategy and at least on an annual basis;
Amendment 475 #
2019/2157(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses the key role played by forest owners and managers in the implementation of the strategy and therefore calls for their inclusion and consultation;
Amendment 3 #
2019/2156(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the important role played by farmers in food production and how this is dependent on natural resources such as soil, water and forests; recognises the multifunctionality of forests and the multiple services they provide, going from the traditional production of wood and other products, to environmental benefits such as carbon absorption and storage, preventing soil erosion and improved air and water quality;
Amendment 9 #
2019/2156(INI)
Motion for a resolution
Citation 11
Citation 11
— having regard to the draft feasibility study on options to step up EU action against deforestation, commissioned by the Commission’s Directorate General for Environment (2017),
Amendment 35 #
2019/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the crucial role of forestry, along with farming, in the management of natural resources and land use in the EU's and the world's rural areas; hereby recognises the variety in forest management, forest ownership, agroforestry and possibilities between Member States;
Amendment 41 #
2019/2156(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to continue to promote the sustainable bioeconomy, needed substitution of fossil based materials and promote the consumption of sustainably sourced goods by introducing a labelling and certification system for deforestation-free products imported into the EU and incorporating the deforestation- free aspect into EU trade deals and other multilateral agreements;
Amendment 53 #
2019/2156(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there is a need for far- reaching, ambitious, and concerted action, underpinned by political and societal will, to protect and restore the world's forest;
Amendment 66 #
2019/2156(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 68 #
2019/2156(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas forests contribute to climate change mitigation, adaptation and disaster risk reduction measures through nature-based solutions; whereas scaling up investments in nature-based solutions is one of the most cost-effective remedies to tackle emissions, protect vital ecosystems, while improving livelihoods, resilience and food security;
Amendment 82 #
2019/2156(INI)
Ca. whereas indigenous peoples, local communities and environmental defenders are increasingly under threat and intimidation, whilst facing human rights violations in their efforts to protect their forests, land, and environment; whereas land tenure rights engages indigenous peoples and local communities to commit themselves to participatory forest conservation;
Amendment 92 #
2019/2156(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of sustainable forest management within the EU and in third countries as an essential factor in ensuring the income of forest owners and farmers practicing agroforestry and in improving the resilience of forests; Highlights in this regard the importance of supporting forest owners and especially take into account the conditions for small forest owners.
Amendment 94 #
2019/2156(INI)
Motion for a resolution
Recital D
Recital D
D. whereas action at all levels, as well as substantial public and private investment, will be needed to protect the world's forests more effectively;
Amendment 95 #
2019/2156(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises the importance of sustainable forest management within the EU and in third countries as an essential factor in ensuring the income of forest owners, people that live or work in forests and farmers practicing agroforestry and in improving the resilience of forests.
Amendment 108 #
2019/2156(INI)
Motion for a resolution
Recital E
Recital E
E. whereas increased protection of forests provides opportunities for economic and social development, particularly at the level of local communities;
Amendment 121 #
2019/2156(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the amount of EU funding provided to support forests and sustainable forest management in partner countries is insufficient given the scale of the problem; whereas the protection and sustainable management of natural ecosystems, as well as their co-benefits and human rights aspects, need to be better integrated into EU funding mechanisms;
Amendment 148 #
2019/2156(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the priorities for stepping up EU action presented in COM(2019)352; notes, however, that the EU should be more ambitious; furthermore acknowledges that sustainable land-use globally is one of the most successful ways to halt deforestation and forest degradation;
Amendment 180 #
2019/2156(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the crucial role, rights, and need for support of indigenous peoples and, local communities and forest owners, including women, in the protection of the world’s forests and; furthermore recognises the threats and human rights violations they are facing; therefore calls on the Commission to take this role into account in the adoption,ir proposals, and also in the implementation and enforcement of forest protection measures, both at EU level and in key international forumin dialogue with third countries;
Amendment 188 #
2019/2156(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that 80% of terrestrial biodiversity can be found in forests and that mangroves forests are an important part of marine biodiversity; insists that protecting forests, is therefore a priority to halt biodiversity loss and a matter of strategic international and European interest; calls on the Commission and the Member States to further establish, support, and consolidate networks of protected areas including forests, such as NaturAfrica 2030; recognises that this will strengthen the EU's position at the next Convention on Biological Diversity;
Amendment 192 #
2019/2156(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 193 #
2019/2156(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the role of civil society in environmental protection and sustainable consumption and calls on the Commission and the Member States to ensure transparency and public participation in forest-related measures in order to promote forest protection; calls on the Commission to encourage communication and awareness raising campaigns to the general public about the multiple benefits and services from nature-based solutions, sustainably managed forests, forestry and forest-based products;
Amendment 211 #
2019/2156(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a single definition of the concept of non- deforestation supply chain is central to addressing the problem of commodities contributing to deforestation, and calls on the Commission to propose such a definition; highlights in this context the strong connection between forest-based value chains and the 2030 UN Sustainable Development Goals;
Amendment 241 #
2019/2156(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that due to climate change and loss of biodiversity, natural disturbances such as droughts, floods, storms, pest infestations, erosion and fires will occur more frequently and intensely, causing increasing damage to the world's forests, according to the IPCC;
Amendment 250 #
2019/2156(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the private sector to be moreactively involved in the fight against deforestation; calls, at the same time, on the Commission to step up cooperation with the private sector and to develop appropriate instruments to incentivise volunteers based on the principle of shared responsibility;
Amendment 254 #
2019/2156(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Invites the Commission, together with Member States, to redirect existing support under the upcoming Neighbourhood, Development and International Cooperation Instrument (NDICI) to establish an EU technical and financial mechanism which would catalyse funding to support partners' efforts to sustainably use, protect and restore forests;
Amendment 263 #
2019/2156(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Insists that the European Green Deal's external dimension should be further strengthened through alliances and partnerships aimed at addressing global challenges like climate change and biodiversity while enabling socio- economic development of partner countries;